Patient Protection Act Explained

The goal of every person who has epilepsy is to be “seizure free.” For some, seizure control is readily accomplished with only minimal, if any, side effects.

For others, identifying the right medication or medications and the specific dosage may take months or even years. Once control is established, any change or difference in the medication (e.g. brand to generic, generic to brand, changing from one manufacturer of an anti-epileptic drug to another) can result in break-through seizures, with the potential for catastrophic results.

The Patient Protection Act, which was passed in July 2007 by the 105th Tennessee General Assembly, requires that a pharmacist may not interchange an anti-epileptic drug or formulation of an anti-epileptic drug, brand or generic, or manufacturer for manufacturer, without first notifying the patient and prescribing physician.

“Passage of this bill is a great victory for Tennesseans,” said Gwen Hamer, EFWMT Board President. “We are most grateful to all those who recognized the importance of this legislation and worked to make it a reality—volunteers who shared their stories, physicians who provided testimony, all of the legislators who supported the bill, and especially, the bill’s sponsors, Representatives Lois DeBerry, Joanne Favors, Joe Armstrong and Gary Odom, and Senator Tim Burchett.”

“Passage of the Patient Protection Act is just the first step,” continued Hamer. “For the intent of the bill to be realized, both consumers and physicians must be familiar with the bill and take responsibility for its implementation.”

For Patients/Consumers

Before patients leaves their doctor’s office with a prescription in hand, they should first look at the prescription to be sure the prescribing physician has circled and initialed “Dispense as written” or “no substitutions”. If the physician has not, patients should remind the physician of the Patient Protection Act and ask that the physician circle and initial “Dispense as written” or “no substitutions” to ensure that the pharmacist will not substitute for a generic or a different manufactured drug. In addition, before the patient pays for their prescription from the pharmacy, they should confirm it is the same pill (color, shape, and/or stamped identification) as they normally take.

For Physicians

When writing a prescription, physicians should circle and initial “Dispense as written” or “no substitutions”. This will ensure that the pharmacist will not interchange the drug with another or generic substitution, without first notifying the physician and patient.