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Sunday, 04/24/2022 4:36:29 PM

Sunday, April 24, 2022 4:36:29 PM

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Interesting new legislation introduced a few weeks ago: H.R.7473 - Generic Substitution Noninterference Act: https://www.congress.gov/bill/117th-congress/house-bill/7473/text?r=7&s=1

To prohibit pharmaceutical manufacturers from interfering with therapeutically equivalent or interchangeable substitution decisions by health care providers to limit competition from a generic drug or biosimilar biological product, and for other purposes.

SEC. 3. INTERFERENCE WITH PROVIDER SUBSTITUTION DECISIONS.
(a) PROHIBITION.—It shall be unlawful for a pharmaceutical manufacturer—
(1) to provide any item or service, or anything of value, for the purpose of aiding or assisting a health care provider to request or direct that a drug be dispensed “as written” or “brand name only” when a generic drug or biosimilar biological product is available, including any prescription notepad or prescription stamp, but not including any product sample, or

(2) to direct a health care provider to write “dispense as written”, “brand name only”, or another similar notation or direction on a prescription when a generic drug or biosimilar biological product is available.

(b) LIMITATION.—Nothing in this section prevents a health care provider from exercising the provider’s own medical judgment to prescribe any drug or biologic product.

I assume that nothing here also prevents the manufacturer from suggesting to consumers that they ask their doctors for name brands
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