SB39 Alabama 2019 Session

Summary

Primary Sponsor

William “Bill” M. BeasleySenator

Democrat

Session

Regular Session 2019

Title

Prescription drugs, pharmacists, dispensing of generic drugs further provided for, specified prescription form deleted, provision prohibiting prescription of specific brand drug deleted, Sec. 34-23-8 am'd.

Summary

SB39 would allow pharmacists to substitute a brand-name drug with a cheaper equivalent generic unless the prescriber says not to, and remove certain prescription signature requirements.

What This Bill Does

If passed, pharmacists may dispense either the prescribed brand-name drug or a less expensive pharmaceutically and therapeutically equivalent generic drug, unless the physician or other practitioner explicitly prohibits substitution. This applies to prescriptions from in-state and out-of-state practitioners, as long as the out-of-state practitioner does not express prohibition. The bill also removes the requirement for two signature lines on written prescriptions and eliminates the need for oral prescriptions to specify whether a generic may be dispensed. Pharmacists would must record the name and manufacturer of the drug dispensed, and the act would take effect immediately after approval. Violations would continue to carry a fine of up to $1,000.

Who It Affects

• Pharmacists and pharmacies, who would be authorized to substitute brand-name drugs with cheaper generics unless prohibited by the prescriber and who must document substitutions.
• Physicians and other practitioners, who would either permit substitutions or indicate otherwise for their prescriptions, including considerations for out-of-state prescribers.
• Patients, who may receive cheaper generic alternatives instead of brand-name drugs when permitted by prescriber.
• Prescription processing and recordkeeping staff, who would need to document drug name and manufacturer for dispensed products.

Key Provisions

• Amends Section 34-23-8 to allow pharmacists to substitute a brand-name drug with a less expensive pharmaceutically/therapeutically equivalent generic drug unless the prescriber explicitly prohibits substitution.
• Extends substitution allowances to prescriptions from out-of-state practitioners if the out-of-state prescriber does not prohibit substitution; requires documentation of the selection.
• Requires pharmacists to record on the prescription form the name and manufacturer of any drug dispensed.
• Eliminates the requirement that written prescriptions have two signature lines (dispense as written vs. product selection permitted) and removes the need for oral prescriptions to specify whether a generic may be dispensed.
• Effective immediately after passage and governor approval.
• Maintains a penalty of up to $1,000 fine for violations of the section.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Health