Senate Bill S7525

                                 BILL NUMBER:  S7525

 TITLE OF BILL :

An act to amend the education law, in relation to requiring written
notification to patients where a pharmacist is substituting a generic
version of a drug product by one manufacturer for a generic version of
a drug product by another manufacturer


 PURPOSE :

This bill will mandate that patients be informed in writing when
pharmacists substitute one version of a generic drug product by one
manufacturer for another.

 SUMMARY OF PROVISIONS :

The bill would amend the Education Law by amending Section 6816-a to
include a new subdivision 3. The new subdivision will mandate that a
pharmacist inform a patient if he or she is substituting a generic
version of a drug product by one manufacturer for a generic version of
a drug product by another manufacturer.

 JUSTIFICATION :

              

Although the name "generic" suggests complete parity between
prescription drugs, there can be considerable differences between
different generic brands of the same medication. Regulations permit
for variation in medication's inactive ingredients, including flavors,
fillers and dyes. More importantly, generic drugs may vary in potency
and can still be considered "bio-equivalent" while achieving blood
serum level differences of 80-125%. A recent position paper released
by the American Academy of Neurology argues that discrepancies of this
magnitude can have serious medical implications for patients.

Certain manufacturers have also been subject to repeated products
recalls, and this legislation would inform consumers of the generic
manufacturer, giving them the ability to reach an informed decision
and notifying them when a switch is made.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the sixtieth day after it shall have
become a law.