Liability Reform and AED Substitution Activity Reported in State Legislatures

February 24, 2009


Medical Liability Reform


The Hawaii House of Representatives has introduced legislation that would address medical malpractice insurance and defensive medical costs. House file 1514 is one of eight separate proposals known as the "Hawaii doctor recruitment and retention action plan of 2009." This specific legislation would place a $1 million ceiling on non-economic damages for physicians who specialize in the practice of neurology or neurosurgery. Additionally, this legislation would mandate a 25 percent reduction in insurance premiums for malpractice insurance for board certified neurologists and neurosurgeons in licensed in Hawaii.

House file 1514 passed through the Hawaii House Committee on Health on February 10 on a unanimous vote and has now been referred to the Hawaii House Judiciary Committee.

Anti-epileptic Drug (AED) Substitution


The Iowa House of Representatives has introduced legislation that would prevent a pharmacist from substituting an AED without written consent from the prescribing physician and the patient or patient's representative. The measure was formally introduced February 10 and referred to the Human Resources Committee.


While not specific to AEDs, the Georgia House of Representatives recently adopted a bill which would require pharmacists to attach a substitution notice to the prescription label when a generic substitution is made. This bill received a vote of 165-0 on floor of the Georgia House of Representatives and now moves on to the Georgia State Senate for consideration.

For more information, please contact Tim Miller, Health Policy Analyst at or at (651) 695-2792.