BILL REQ. #: H-2978.2
State of Washington | 63rd Legislature | 2014 Regular Session |
Read first time 01/15/14. Referred to Committee on Health Care & Wellness.
AN ACT Relating to the prescription of biological products and interchangeable biological products; amending RCW 69.41.110, 69.41.120, 69.41.150, 69.41.130, 69.41.160, and 69.41.050; and adding a new section to chapter 69.41 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 69.41.110 and 1979 c 110 s 1 are each amended to read
as follows:
As used in RCW 69.41.100 through 69.41.180, the following words
shall have the following meanings:
(1) "Brand name" means the proprietary or trade name selected by
the manufacturer and placed upon a drug, its container, label, or
wrapping at the time of packaging;
(2) "Generic name" means the official title of a drug or drug
ingredients published in the latest edition of a nationally recognized
pharmacopoeia or formulary;
(3) "Substitute" means to dispense, with the practitioner's
authorization, a "therapeutically equivalent" drug product ((of the
identical base or salt as the specific drug product prescribed)) or
"interchangeable biological" drug product: PROVIDED, That with the
practitioner's prior consent, therapeutically equivalent drugs other
than the identical base or salt may be dispensed;
(4) "Therapeutically equivalent" means a drug product of the
identical base or salt as the specific drug product prescribed with
essentially the same efficacy and toxicity when administered to an
individual in the same dosage regimen; ((and))
(5) "Practitioner" means a physician, osteopathic physician and
surgeon, dentist, veterinarian, or any other person authorized to
prescribe drugs under the laws of this state;
(6) "Biological product" means any of the following, when applied
to the prevention, treatment, or cure of a disease or condition of
human beings:
(a) A virus;
(b) A therapeutic serum;
(c) A toxin;
(d) An antitoxin;
(e) A vaccine;
(f) Blood, blood component, or derivative;
(g) An allergenic product;
(h) A protein, other than a chemically synthesized polypeptide, or
an analogous product; or
(i) Arsphenamine, a derivative of arsphenamine, or any trivalent
organic arsenic compound;
(7) "Biosimilar product" means a biological product licensed by the
federal food and drug administration pursuant to 42 U.S.C. Sec.
262(i)(2); and
(8) "Interchangeable" means, in reference to a biological product,
that the federal food and drug administration has determined that a
biological product meets the safety standards set forth in 42 U.S.C.
Sec. 262(k)(4) and may be substituted for the reference product without
the intervention of the health care provider who prescribed the
reference product.
Sec. 2 RCW 69.41.120 and 2000 c 8 s 3 are each amended to read as
follows:
(1) Every drug prescription shall contain an instruction on whether
or not a therapeutically equivalent generic drug or interchangeable
biological product may be substituted in its place, unless substitution
is permitted under a prior-consent authorization.
If a written prescription is involved, the prescription must be
legible and the form shall have two signature lines at opposite ends on
the bottom of the form. Under the line at the right side shall be
clearly printed the words "DISPENSE AS WRITTEN". Under the line at the
left side shall be clearly printed the words "SUBSTITUTION PERMITTED".
The practitioner shall communicate the instructions to the pharmacist
by signing the appropriate line. No prescription shall be valid
without the signature of the practitioner on one of these lines. In
the case of a prescription issued by a practitioner in another state
that uses a one-line prescription form or variation thereof, the
pharmacist may substitute a therapeutically equivalent generic drug or
interchangeable biological product unless otherwise instructed by the
practitioner through the use of the words "dispense as written", words
of similar meaning, or some other indication.
(2) If an oral prescription is involved, the practitioner or the
practitioner's agent shall instruct the pharmacist as to whether or not
a therapeutically equivalent generic drug or interchangeable biological
product may be substituted in its place. The pharmacist shall note the
instructions on the file copy of the prescription.
(3) The pharmacist shall note ((the manufacturer of the drug
dispensed)) on the file copy of a written or oral prescription the
manufacturer of the drug product dispensed, the brand name or, if there
is not a brand name, the nonproprietary name.
(4) The pharmacist shall retain the file copy of a written or oral
prescription for the same period of time specified in RCW 18.64.245 for
retention of prescription records.
NEW SECTION. Sec. 3 A new section is added to chapter 69.41 RCW
to read as follows:
(1) If a biological product is dispensed, the pharmacist or the
pharmacist's designee shall within a reasonable time but not to exceed
ten days following the dispensing, record the name and manufacturer of
the product dispensed in an interoperable health records system shared
with the prescribing practitioner, to the extent such a system is
available; or, in the case that an interoperable electronic health
records system is not in place, communicate to the prescribing
practitioner the name and the manufacturer of the biological product
dispensed to the patient. No communication to the prescribing
practitioner is required under this subsection where there is no
interchangeable biological product for the prescribed biological
product, or for a refill prescription that is not changed from the
product originally dispensed.
(2) The pharmacy quality commission shall maintain a link on its
web site to the current list of all biological products determined by
the United States food and drug administration to be interchangeable
with a specific reference biological product.
Sec. 4 RCW 69.41.150 and 2003 1st sp.s. c 29 s 6 are each amended
to read as follows:
(1) A practitioner who authorizes a prescribed drug shall not be
liable for any side effects or adverse reactions caused by the manner
or method by which a substituted drug product is selected or dispensed.
(2) A pharmacist who substitutes ((an)) a therapeutically
equivalent drug product pursuant to RCW 69.41.100 through 69.41.180 as
now or hereafter amended assumes no greater liability for selecting the
dispensed drug product than would be incurred in filling a prescription
for a drug product prescribed by its established name.
(3) A pharmacist who substitutes a preferred drug for a
nonpreferred drug pursuant to RCW 69.41.190 assumes no greater
liability for substituting the preferred drug than would be incurred in
filling a prescription for the preferred drug when prescribed by name.
(4) A pharmacist who selects an interchangeable biological product
to be dispensed under this section assumes the same responsibility for
selecting the interchangeable biological product as the pharmacist does
in filling a prescription for the interchangeable biological product
when prescribed by name. The prescribing practitioner is not liable
for a pharmacist's act or omission in selecting, preparing, or
dispensing an interchangeable biological product under this section.
Sec. 5 RCW 69.41.130 and 2012 c 117 s 365 are each amended to
read as follows:
Unless the brand name drug or biological product is requested by
the patient or the patient's representative, the pharmacist shall
substitute ((an)) a therapeutically equivalent drug or interchangeable
biological product which he or she has in stock if its wholesale price
to the pharmacist is less than the wholesale price of the prescribed
drug product, and at least sixty percent of the savings shall be passed
on to the purchaser.
Sec. 6 RCW 69.41.160 and 1979 c 110 s 6 are each amended to read
as follows:
Every pharmacy shall post a sign in a location at the prescription
counter that is readily visible to patrons stating, "Under Washington
law, ((an equivalent but)) a less expensive interchangeable biological
product or equivalent drug may in some cases be substituted for the
drug prescribed by your doctor. Such substitution, however, may only
be made with the consent of your doctor. Please consult your
pharmacist or physician for more information."
Sec. 7 RCW 69.41.050 and 2003 c 53 s 325 are each amended to read
as follows:
(1) To every box, bottle, jar, tube, or other container of a legend
drug, which is dispensed by a practitioner authorized to prescribe
legend drugs, there shall be affixed a label bearing the name of the
prescriber, complete directions for use, the name of the drug either by
the brand or generic name and strength per unit dose, name of the
manufacturer, name of patient and date: PROVIDED, That the
practitioner may omit the name and dosage of the drug if he or she
determines that his or her patient should not have this information and
that, if the drug dispensed is a trial sample in its original package
and which is labeled in accordance with federal law or regulation,
there need be set forth additionally only the name of the issuing
practitioner and the name of the patient.
(2) A violation of this section is a misdemeanor.