SENATE BILL No. 471
DIGEST OF INTRODUCED BILL
Citations Affected: IC 16-42-22-10.
Synopsis: Prescriptions for brand name drugs. Permits a health care
practitioner to use words of similar meaning instead of the statutory
phrase "Brand Medically Necessary" when writing a prescription for a
brand name drug when the practitioner does not want the pharmacist
to substitute, under certain government programs, a generically
equivalent drug product for the brand name drug.
Effective: July 1, 2013.
January 14, 2013, read first time and referred to Committee on Health and Provider
First Regular Session 118th General Assembly (2013)
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SENATE BILL No. 471
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 16-42-22-10; (13)IN0471.1.1. -->
SECTION 1. IC 16-42-22-10, AS AMENDED BY P.L.204-2005,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 10. (a) If a prescription is filled under the
Medicaid program (42 U.S.C. 1396 et seq.), the children's health
insurance program established under IC 12-17.6-2, or the Medicare
program (42 U.S.C. 1395 et seq.), the pharmacist shall substitute a
generically equivalent drug product and inform the customer of the
substitution if the substitution would result in a lower price unless:
(1) the words "Brand Medically Necessary" or words of similar
(A) written in the practitioner's own writing on the form; or
(B) electronically transmitted with an electronically
transmitted prescription; or
(2) the practitioner has indicated that the pharmacist may not
substitute a generically equivalent drug product by:
(A) orally stating that a substitution is not permitted; or
(B) for an electronically transmitted prescription, indicating
with the electronic prescription that a substitution is not
(b) If a practitioner orally states that a generically equivalent drug
product may not be substituted, the practitioner must subsequently
forward to the pharmacist a written or electronically transmitted
prescription with the "Brand Medically Necessary" instruction
appropriately indicated in the physician's own handwriting.
(c) This section does not authorize any substitution other than
substitution of a generically equivalent drug product.