January 24, 2013



DIGEST OF SB 471 (Updated January 23, 2013 11:33 am - DI 104)

Citations Affected: IC 16-42.

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 Services.
    January 23, 2013, reported favorably _ Do Pass.

January 24, 2013

First Regular Session 118th General Assembly (2013)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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    A BILL FOR AN ACT to amend the Indiana Code concerning health.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 16-42-22-10; (13)SB0471.1.1. -->     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 meaning are:
            (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 permitted.
    (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.