HOUSE BILL 1020

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Jane E. Powdrell-Culbert

AN ACT

RELATING TO PHARMACY; PROHIBITING THE USE OF CERTAIN DRUGS WITHOUT CONSENT; DECLARING AN EMERGENCY.

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] ANTI-EPILEPTIC DRUGS--SELECTION PROHIBITED.--

          A. As used in this section:

                (1) "anti-epileptic drug" means a drug prescribed for the treatment of epilepsy or to treat or prevent seizures;

                (2) "epilepsy" means a neurological condition characterized by recurrent seizures;

                (3) "interchange" means the substitution of one version of the same anti-epileptic therapeutic product, including a generic version, for the prescribed brand, a brand version for the prescribed generic version, a generic version by one manufacturer for a generic version by a different manufacturer, a different formulation of the prescribed anti-epileptic drug or a different anti-epileptic therapeutic drug product for the anti-epileptic product originally prescribed; and

                (4) "seizures" means acute clinical change secondary to brief disturbances in the electrical activity of the brain.

          B. A pharmacist shall not interchange an anti-epileptic drug or formulation of an anti-epileptic drug, whether brand or generic, for the treatment of epilepsy or seizures without the prior written informed consent of the prescribing physician and the person, or the person's legal representative, for whom the anti-epileptic drug was prescribed."

     Section 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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