CHAPTER 131
SB 147-FN – FINAL VERSION
03/14/13 0758s
05/23/13 1771EBA
2013 SESSION
01/05
SENATE BILL 147-FN
AN ACT relative to prescription drugs in workers’ compensation cases.
SPONSORS: Sen. D'Allesandro, Dist 20
This bill requires pharmacies to substitute generic drugs unless the prescribing physician indicates that the brand name drug is medically necessary, provided that in cases where the legend drug is less expensive, the legend drug shall be used.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/14/13 0758s
05/23/13 1771EBA
13-0961
01/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT relative to prescription drugs in workers’ compensation cases.
Be it Enacted by the Senate and House of Representatives in General Court convened:
131:1 New Paragraph; Workers’ Compensation; Medical, Hospital, and Remedial Care. Amend RSA 281-A:23 by inserting after paragraph VI the following new paragraph:
VII. Pharmacies, including mail-order pharmacies, shall substitute generically equivalent drug products for all legend and non-legend prescriptions unless the prescribing practitioner handwrites “medically necessary” on each paper prescription, uses electronic indications when transmitted electronically, or gives instructions when transmitted orally that the brand name drug product is medically necessary; provided that in cases where the legend drug is less expensive, the legend drug shall be used. Prescription refills shall not require the reissuance of the “medically necessary” indication.
131:2 Contingent Renumbering. If SB 95 of the 2013 regular legislative session becomes law, RSA 281-A:23, VII as inserted by section 1 of this act shall be renumbered as RSA 281-A:23, VIII.
131:3 Effective Date. This act shall take effect January 1, 2014.
Approved: June 25, 2013
Effective Date: January 1, 2014