E:zF Katz - The Pennsylvania General Assembly

LEGISLATIVE JOURNAL--HOUSE June 8,
also relieve him of malpractice liability resulting second refill, would he be allowed to refill that prescrip-
from those decisions. I tion on the same basis?
Mr. DiCARLO. It would be my understanding, first
This bill does relieve the pharmacist of this liability, of all, that the pharmacist would have an index card that,
but it does not relieve the physician. This is discrimina- would show the
rory.
There was overwhelming opposition to this bill from
the testimony taken at these hearings.
The intent of this legislation, as I mcntioncd to hegin
with, is to save the consumers money. I want to point
out to the members of this House that when the 14
other states that Mrs. Toll mentioned passed this type
or a similar form of legislation, they have found that no
savings resulted to the consumer. The whcile thing he-
came a bureaucratic nightmare because technology is
not yet available to assure the safety of consumprs.
Thprefore, t,his leqislation is premature and that is why
I am opposing it.
The SPEAKER pro tempore. The Chair recognizes the
gentleman from Cambria, Mr. Whelan.
Mr. WHFLAN, Mr. Speaker, I will be very brief. I
know this has been a long debate, but I wonder if the
gentleman, Mr. DiCarlo, would submit to brief interro-
gation?
The SPEAKER pro tcmpore. Would the gentleman,
Mr. DiCarlo, consent to interrogation?
Mr. DiCARLO. Yes, Mr. Speaker.
The SPEAKER pro tempore. The gentleman will pro-
ceed.
Mr. WIIELAN. Mr. Speaker, my concern is with paqe
9 of the bill whcre it says: "evrry pharmacy shall post a
sign in a conspicuous place . . . .", and then we inserted
the second ilart of Mrs. Toll's amendment, which says:
"easily accessible to the general public, a list of com-
monly used equivalent drues containing their generic
names and brand names where applicable.'' My ques-
tion is this: When they send out this list, will it be ad?-
ouate in itself for posting or will the dru.cgist himself
have to rccompilc a list of generic names and brand
names and other substitutcs? Will that list suffice?
that the patient has
taking or perhaps even his family. If the person came in
for a refill, the subsequent prescription would be the
same as the original prescription on the first visit ti] the
pharmacist. If there was a doubt, I would imagine or I
would assume that the pharmacist would, indeed, con-
tact thc physician.
hb. WHELAN. He would probably have to go back to
the rloctor in that case, I would assume?
Mr. DiCARLO. No, he would nut. It is common prac-
tice today, under the present law, that a pharmacist can
call a physician, and a physician does, indeed, call the
pharmacist.
Mr. WIIELAN. Okay. One last question, Mr. Speaker:
Presently do we send out a l'st from the department on
equivalent drugs?
iMr. DiCARLO. No; there is no list sent out today.
There is no reason we have to do that.
Mr. WHELAN. Thank yon very much, Mr. Speaker.
lVIy final questinn would relate to this: If we dn not
now send out a substit~ition list ln the pharmacist, would
we not be adding costs to the Department of Health by
requiring them to send this out'! Was a iiscal note considered
on this matter or was it determined by the department
Chat there was no fiscal impact? Can anyone
answer the quzstion as to whether the fiscal impact was
considered?
The SPEAKER pro tcrnpr~re. Does the gentleman from
Erie, Mr. DiCarlo, wish to answer the gentleman's question'!
Mr. DiCARLO. It is my understanding from the staii
of the committee that the fiscal information scc:ired show!;
that the cost will be negligible.
Mr. WHELAN. Thank you, Mr. Speaker.
I would have to say that I am against lhis bill, not
becaus? it would take the savings away from the indi-
Mr. DiCARLO. I rnally cannot respond to that. T vidual, who certainly should get the drug at the best
would assume that the Dr~,g, Dcvice and Cosmetic Board. possible price, but I am concerned about many of the
which will be monitoring this, would have an up-to- questions that were raised--the question of substiti~tion
date list that would he circulated and would bc hung in that Mr. Ryan raised, the possibility of malpracticc---and
the premises, very milch like we did when the Fcdrral I am also gravely concerned that this would have a
GovPrnment had the base-price costs and everything e!se fiscal impact.
listed during the era when there were price freezes. They 1 do not know how the Department of Health can make
had to keep the information on hand so that the people up a list on a periodic basis and mail it to all the pharcould
look at it.
macists, with something like 5,000 prrscripliun drugs and
Mr. WHELAN. In other words, your understandint? all their substitutes, wjthout it having a significant fiscal
wi,uld be that the dcpartmcnt would scnd ont a list to be impact. Therefore, I would urge a 'no" vote on this bill.
posted that would suffice rather than have the plisrma- Thank you.
cists do any work on their own?
The SPEAKER pro tempore.
Mr. DiCARLO. Yes, that would he my guess.
The Chair recognizes the
lady Irom Chestcr, Mrs. Crawford.
Mr. WHELAN. Okay. I have a second question con-
Mrs. CRAWFORD. Mr. Spealcrr, maybe I missed it,
cerning the refills: If 2 physician fills out a prescription
hut I have a ijueslion. Is thcre a fiscal note to this bill?
and docs no1 check "do not substitute" or "substitution
The SPEAKXR pro ternpore. It is my understanding
permissible," would a pharmacist be able to refill that
that thcre is no fiscal note attached tn this bill.
prescription on the same basis that he received it?
Mrs. CRAWFORD. Since it does set up some require-
Mr. DiCARLO. Are you talking about a subsrquent ments for the Department of Health, should there not he
p~escription? Could you he more specific?
a :iscal note attached to the ~ bill? ~-
Mr. WHELAN. Yes, it would be a refill. Let us say '!he SPEAKER pro tempore. Would the chairman of
that the physician failed to mark whether a substitution llle Apprupriations Committee, Mr. Wojdalr, care to comor
no substitution was allowed and you came back far a ment?