Second Regular Session Sixty-seventh General Assembly STATE OF COLORADO INTRODUCED LLS NO. 10-0582.03 Kristen Forrestal HOUSE BILL 10-1145 HOUSE SPONSORSHIP Kagan, SENATE SPONSORSHIP (None), House Committees Senate Committees Health and Human Services A BILL FOR AN ACT Concerning the use of generic prescription drugs. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill requires a health care practitioner who finds it to be in the best interest of a patient to not allow the substitution of an equivalent generic drug for the one actually prescribed to indicate on the prescription the words "brand medically necessary" or to initial a preprinted box labeled "brand medically necessary". Current law requires the words or the preprinted box to read "dispense as written". The bill also makes it an unlawful act for a pharmacist to accept a coupon for a prescription drug for which there is a generic alternative if the practitioner has not indicated that the brand name drug is medically necessary and the drug is paid for, in whole or in part, by an insurance carrier. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 12-22-124 (2), Colorado Revised Statutes, is amended to read: 12-22-124. Substitution of prescribed drugs authorized - when - conditions. (2) If, in the opinion of the practitioner, it is in the best interest of his the practitioner's patient that an equivalent drug not be substituted, he the practitioner may so indicate on the prescription by either writing the words "dispense as written" "brand medically necessary" or by initialing in his or her own handwriting a preprinted box labeled "dispense as written" "brand medically necessary". In no case shall a facsimile of the handwritten signature or the handwritten initials of a practitioner be preprinted to indicate "dispense as written" "brand medically necessary". If the prescription is communicated orally by the practitioner to the pharmacist, the practitioner may indicate the prohibition on substitution in the same manner and at the same time. SECTION 2. Part 1 of article 22 of title 12, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 12-22-126.5. Unlawful act by pharmacist. (1) It is unlawful for a pharmacist to accept a voucher, coupon, or other form of discount for a prescription drug for which there is an equivalent generic drug type if: (a) The practitioner has not indicated that a substitute drug is prohibited pursuant to section 12-22-124 (2); and (b) The payment for the prescription drug is or may be made, in whole or in part, by a health insurance carrier. (2) A violation of this section is not an unlawful act for which the penalties in section 12-22-127 apply. SECTION 3. Act subject to petition - effective date. (1) This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 11, 2010, if adjournment sine die is on May 12, 2010); except that, section 1 of this act shall take effect July 1, 2011. (2) However, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part shall not take effect unless approved by the people at the general election to be held in November 2010 and shall take effect on the date of the official declaration of the vote thereon by the governor.