HOUSE BILL No. 5077

August 1, 2007, Introduced by Reps. Espinoza, Polidori, Scott, Brown, Miller, Kathleen Law and Dean and referred to the Committee on Health Policy.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

(MCL 333.1101 to 333.25211) by adding section 17769.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 17769. A pharmacist shall not interchange an

 

antiepileptic drug or formulation of an antiepileptic drug that is

 

prescribed for the treatment of epilepsy or the treatment or

 

prevention of seizures without prior notification of and the signed

 

informed consent to the interchange by the prescribing physician

 

and patient or the patient's parent, legal guardian, spouse, or

 

other legal representative. As used in this section:

 

     (a) "Antiepileptic drug" means a drug or therapeutic

 

formulation, generic or brand, prescribed for the treatment of

 


epilepsy or the treatment or prevention of seizures.

 

     (b) "Epilepsy" means a neurological condition characterized by

 

recurrent seizures.

 

     (c) "Interchange" means the substitution of 1 version of an

 

antiepileptic drug for the antiepileptic drug originally

 

prescribed, including, but not limited to, a generic version for

 

the prescribed brand, a brand version for the prescribed generic, a

 

generic version by 1 manufacturer for the prescribed generic by a

 

different manufacturer, a different formulation of an antiepileptic

 

drug for the prescribed antiepileptic drug, or a different

 

antiepileptic therapeutic drug product for the prescribed

 

antiepileptic drug.

 

     (d) "Seizure" means an acute clinical change secondary to a

 

brief disturbance in the electrical activity of the brain.