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SB 1611, HB 3519

Senate:

On 3/5/15, SB 1611 was Assigned to Executive and on 3/27/15: Rule 2-10 Committee Deadline Established as April 24, 2015.

House:

On 3/25/15: House Committee on Health Care Licenses Adopted Amendment No. 3 of HB 3519; Placed on Calendar for 2nd Reading.

BioPharma: California, Illinois propose biosimilar substitution bills
March 3

More than a year since California saw its previous biosimilar substitution bill vetoed by its governor and more than two years since Illinois tried its hand, both are again looking to become the ninth and tenth states to see new substitution laws.

Read full article here.

  • Bill Information

    Defines “interchangeable” as an FDA-licensed biosimilar or a biologic that is deemed therapeutically equivalent to another biologic by FDA.

    Permits dispensing of an interchangeable biological product in place of a prescribed biologic, provided that:

    —the interchangeable biologic has determined to be interchangeable by FDA;

    —prescriber does not indicate that substitution is prohibited (including orally);

    —pharmacist informs patient of the substitution;

    —pharmacist notifies prescriber within a reasonable time, electronically if possible, (and by other means if not), except when there is no FDA-approved interchangeable biosimilar or the prescription is a refill that is unchanged from the prior filling;

    – Amendment No. 1 would change “a reasonable time” for a pharmacist to notify a prescriber to “within 5 days” and

    —pharmacist retains record of the substitution for 5 years.

    Directs the Board to maintain on a website the list of approved interchangeable products. Directs the board to adopt rules for compliance with the law.

    HB 3519

    Adopts the definitions of “biological product,” from 42 U.S.C. § 262.

    Defines “interchangeable” as an FDA-licensed biosimilar or a biologic that is deemed therapeutically equivalent to another biologic by FDA.

    Permits dispensing of an interchangeable biological product in place of a prescribed biologic, provided that:

    —the interchangeable biologic has determined to be interchangeable by FDA;

    —prescriber does not indicate that substitution is prohibited (including orally);

    —pharmacist informs patient of the substitution, and the patient agrees to accept the biosimilar;

    —the cost of the biosimilar is less than the cost of the prescribed biologic, except if the patient agrees to a higher cost biosimilar;

    —pharmacist notifies prescriber within 5 business days, including product and manufacturer names; and

    —pharmacist retains record of the substitution for 5 years.

    Directs the board to adopt rules for compliance with the law.

  • Archive

    ASBM Writes Letter to IL Governor Urging Signature on Substitution Bill

    June 19, 2015

    On Friday, June 19, ASBM sent a letter to Illinois Governor Bruce Rauner urging him to sign SB 0455, which would permit biosimilar substitution. It is ASBM’s view that SB 0455 does so while appropriately reflecting the importance of pharmacist-physician communication and keeping treatment decisions the purview of the physician and patient. ASBM’s survey of 376 U.S. […]

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