December 1, 2005, Introduced by Rep. Accavitti and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 17755 (MCL 333.17755).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 17755. (1) When a pharmacist receives a prescription for
a
brand name drug product , the pharmacist may, or when a
purchaser
requests and a
lower cost generically equivalent drug
product is available, the pharmacist shall dispense a the
lower
cost
but not higher cost generically equivalent drug product, if
available
in the pharmacy, except as
provided in subsection (3).
If a drug is dispensed which is not the prescribed brand, the
purchaser shall be notified and the prescription label shall
indicate both the name of the brand prescribed and the name of the
brand dispensed and designate each respectively. If the dispensed
drug does not have a brand name, the prescription label shall
indicate the generic name of the drug dispensed, except as
otherwise provided in section 17756.
(2) If a pharmacist dispenses a generically equivalent drug
product, the pharmacist shall pass on the savings in cost to the
purchaser or to the third party payment source if the prescription
purchase is covered by a third party pay contract. The savings in
cost is the difference between the wholesale cost to the pharmacist
of the 2 drug products.
(3) The pharmacist shall not dispense a generically equivalent
drug product under subsection (1) if any of the following applies:
(a) The prescriber, in the case of a prescription in writing
signed by the prescriber, writes in his or her own handwriting
"dispense as written" or "d.a.w." on the prescription.
(b) The prescriber, having preprinted on his or her
prescription blanks the statement "another brand of a generically
equivalent product, identical in dosage, form, and content of
active ingredients, may be dispensed unless initialed d.a.w.",
writes in his or her own handwriting, the initials "d.a.w." in a
space, box, or square adjacent to the statement.
(c) The prescriber, in the case of a prescription other than
one in writing signed by the prescriber, expressly indicates the
prescription is to be dispensed as communicated.
(4) A pharmacist may not dispense a drug product with a total
charge that exceeds the total charge of the drug product originally
prescribed, unless agreed to by the purchaser.