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2009 SESSION

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(SB1158)

AMENDMENT(S) PROPOSED BY THE SENATE

COMMERCE AND LABOR

    1. Line 22, introduced, after or

      strike

        costs more than

      insert

        the usual and customary retail price charged by the pharmacist for the therapeutically equivalent drug product is higher than that of

COMMERCE AND LABOR

    2. Line 29, introduced, after prescribed.

      insert

        If the prescriber calls the prescription in to the pharmacy by telephone and verbally tells the pharmacist “brand medically necessary,” the pharmacist shall note on the prescription that the prescriber stated “brand medically necessary” and then fill the prescription with the name-brand drug product prescribed. The cost of any medication prescribed by any authorized treating physician and covered pursuant to this section to treat injuries or diseases that result from a compensable claim shall not be the responsibility of the claimant  unless the claimant obtained the prescription through fraud.