Legislative Update: State Biosimilar Substitution Laws

More states continue to enact laws regarding the substitution of biosimilars for prescribed biological products.  We have previously reported on the enactment of such laws in New Jersey, ArizonaMissouri, Oregon and Pennsylvania.  On February 22, 2017, H 203 was signed into law in Montana.  On March 10, 2017 HF 305 was signed into law in Iowa.  On April 7, 2017, HB 260, which we previously reported on here, was signed into law in New Mexico.  On April 12, 2017, Senate Substitute HB 2055 was signed into law in Kansas.  These new laws allow pharmacists to substitute biosimilars for prescribed biological products unless the prescriber expressly prohibits substitution.  The laws also require that the patient or the patient’s representative is informed of the substitution and that the prescriber be notified.

Additionally, similar proposed legislation, LB 481, is now before the Nebraska legislature.

Stay tuned to Big Molecule Watch for further coverage of state biosimilar substitution legislation.