HOUSE BILL 34

47th legislature - STATE OF NEW MEXICO - second session, 2006

INTRODUCED BY

John A. Heaton

AN ACT

RELATING TO PRESCRIPTION DRUGS; ALLOWING THERAPEUTIC INTERCHANGE OF THERAPEUTIC ALTERNATE DRUGS UNDER CERTAIN CIRCUMSTANCES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. A new section of the Drug Product Selection Act is enacted to read:

     "[NEW MATERIAL] THERAPEUTIC INTERCHANGE OF PRESCRIPTION DRUGS AUTHORIZED.--

          A. Upon receipt of a prescription written by a licensed practitioner who may prescribe drugs, a pharmacist may make a therapeutic interchange of a prescription drug with a therapeutically alternate drug in accordance with prior authorization granted by the prescribing practitioner.

          B. As used in this section:

                (1) "prior authorization" means written, electronic or telephonic authorization for a pharmacist to execute a therapeutic interchange of a drug for which a prescription is being presented;

                (2) "therapeutic alternate" means a drug product with a different chemical structure than the drug prescribed but that is of the same pharmacological or therapeutic class and that can usually be expected to have similar therapeutic effects and adverse reaction profiles when administered to patients in therapeutically equivalent doses; and

                (3) "therapeutic interchange" means the authorized exchange of a therapeutic alternate drug within a formulary system or preferred drug list established in accordance with previously approved written guidelines or protocols."

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