FORTY-SEVENTH LEGISLATURE

SECOND SESSION, 2006

February 4, 2006

Mr. Speaker:

    Your CONSUMER AND PUBLIC AFFAIRS COMMITTEE, to whom has been referred

HOUSE BILL 34

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

     1. On page 1, line 23, after "in" insert "order to comply with a preferred drug list or formulary, in".

     2. On page 1, line 24, after "practitioner" insert "and after consultation with the patient or the patient's representative. The pharmacist must notify the prescribing practitioner of the therapeutically alternate drug that was dispensed".

     3. On page 2, line 16, strike the ending quotation mark.

     4. On page 2, between lines 16 and 17, insert a new subsection to read:

          "C. The therapeutic interchange of a prescription drug pursuant to Subsection A of this section shall not be construed in any way to constitute permitted product selection for the purposes of Subsection B of Section 27-2-16 NMSA 1978 unless drug product selection is otherwise permitted by that subsection upon such therapeutic exchange."".

and thence referred to the BUSINESS AND INDUSTRY COMMITTEE.