Prescription substitutes.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0687

HOUSE BILL
NO.
HB0326

Prescription substitutes.

Sponsored by:
Representative(s) Harvey, Jones, Martin and Robinson

A BILL

for

AN ACT relating to the Wyoming Generic Drug Substitution Act; requiring pharmacists to notify prescription drug recipients of substitutions as specified; clarifying that pharmacists are not required to violate provisions of public health programs or private insurance policies as specified; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 33
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24
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148 by creating new subsections (h) and (j) is amended to read:

33
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24
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148.

Conditions for drug substitution.

(h)

Before substituting a generically equivalent drug as provided in this act, the pharmacist shall advise the recipient:

(i)

That the pharmacist proposes to substitute a generically equivalent drug;

(ii)

That the recipient may request the brand name drug as prescribed;

(iii)

If the recipient requests the brand name drug, that payment from insurance, Medicare, Medicaid or other third party payor may not be available for the brand name drug or for the full price of the brand name drug.

(j)

Nothing in this act shall be construed to require a pharmacist to violate the provisions of any public health care program or the terms of a patient's private prescription drug insurance plan.

Section 2.

This act is effective July 1, 2005.

(END)

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HB0326