TEXAS MEDICAL ASSOCIATION HOUSE OF DELEGATES
Resolution 407 (A-06)
Subject: Therapeutic and Generic Substitution
Introduced by: Tarrant County Medical Society
Referred to: Reference Committee on Socioeconomics
Whereas, Texas pharmacies are engaging in therapeutic substitution by selling to patients drugs with different active ingredients than what is prescribed; and
Whereas, Texas pharmacies are substituting generic drugs for the drug prescribed when the prescription is written "brand necessary"; and
Whereas, Many patients are being harmed by these substitutions;, therefore be it
RESOLVED, That the Texas Medical Association seek legislation that will enable patients to sue pharmacies that substitute drugs illegally; and be it further
RESOLVED, That TMA seek legislation to make illegal therapeutic and generic substitutions Class A misdemeanors; and be it further
RESOLVED, That TMA seek legislation to give the Texas attorney general the power to sue pharmacies and their parent companies for illegal therapeutic and generic substitution; and be it further
RESOLVED, That TMA seek legislation that will protect physicians from all civil liability related to drug selection, drug side effects, and lack of drug effectiveness when a pharmacy has illegally substituted therapeutic or generic drugs; and be it further
RESOLVED, That TMA seek legislation that will protect physicians from all disciplinary action by the Texas Medical Board related to drug selection, drug side effects, and lack of drug effectiveness when a pharmacy has illegally substituted therapeutic or generic drugs.
Relevant TMA Policy
95.012 Drug Antisubstitution Laws and Generic Prescriptions : Compulsory generic prescribing should be opposed because generic equivalency in drugs does not necessarily mean therapeutic equivalence. The patient's right to receive the drugs and medications best suited for his or her individual needs should be protected by preserving the current system of brand name prescribing. Legislation and regulations which prohibit generic drug substitution without prior agreement between the pharmacist and the physician should be supported (Council on Socioeconomics, p 177, I-94; reaffirmed CSE Rep. 3-A-04).
TMA House of Delegates: TexMed 2006