SENATE DOCKET, NO. 44        FILED ON: 1/10/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 986

The Commonwealth of Massachusetts

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PRESENTED BY:

William N. Brownsberger

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to protect patients from breakthrough seizures.

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PETITION OF:

SENATE DOCKET, NO. 44        FILED ON: 1/10/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 986

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 4248 OF 2011-2012.]

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act to protect patients from breakthrough seizures.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.   Section 1of Chapter 94C of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the definition of “agent,” the following:— 

“Anti-epileptic drug”, (1) any drug prescribed for the treatment of epilepsy or (2) a drug used to treat or prevent seizures

SECTION 2. Section 1 of chapter 94C of the General Laws, as so appearing, is hereby further  amended by inserting after the definition of “drug paraphernalia,” the following:— 

“Epilepsy”, a neurological condition characterized by recurrent seizures. 

SECTION 3. Section 1 of chapter 94C of the General Laws, as so appearing, is hereby further  amended by inserting after the definition of “immediate precursor,” the following:— 

“Interchange” means the substitution of one version of the same anti-epileptic therapeutic  product, including a generic version for the prescribed brand, a brand version for the prescribed  generic version, a generic version by one manufacturer for a generic version by different  manufacturer, a different formulation of the prescribed anti-epileptic drug or a different anti- epileptic therapeutic drug product for the anti-epileptic product originally prescribed 

SECTION 4. Section 1 of chapter 94C of the General Laws, as so appearing, is hereby further  amended by inserting after the definition of “schedule,” the following:— 

“Seizure”, an acute clinical change secondary to a brief disturbance in the electrical activity of  the brain. 

SECTION 2.  Section 21A of chapter 94C of the General Laws, as so appearing, is hereby amended by inserting, at the end of the first paragraph, the following new paragraph:

A pharmacist may not interchange an anti-epileptic drug or formulation of an anti-epileptic drug, brand or generic, for the treatment of epileptic seizures without prior notification of and the signed informed consent of such interchange from the prescribing physician and the patient, patient’s parent, legal guardian or spouse.