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.
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