ATA News Release 2009

Media Contact: Randolph Fillmore, Florida Science Communications, (813) 850-7614 rfillmore@nasw.org

ATA alert to Florida members: Florida District Court of Appeals retains levothyroxine on state’s negative formulary

Falls Church, Va. (August 3, 2009) – The Florida District Court of Appeals (DCA) has ruled to retain levothyroxine on the state’s negative formulary, making the substitution of prescriptions for branded levothyroxine products illegal in Florida and a violation of the state’s laws regulating pharmacy practice. The Florida State Board of Pharmacy this week voted to comply with the DCA ruling and agreed to issue a correction to all Florida pharmacies noting that its previous notice of April 9, 2008 removing levothyroxine from the state’s negative formulary was an error and that levothyroxine prescriptions should be dispensed exactly as prescribed by the physician.

The DCA will issue its mandate August 10 and the Florida State Board of Pharmacy will issue its correction notice at the same time. The Board also agreed to allow all prescriptions substituted at the pharmacy since April 2008 to remain in effect.

As a result of the ruling, a physician must write a new prescription for a named brand of levothyroxine if a substitute generic was received by the patient and a return to a name brand levothyroxine is desired. To minimize confusion, it is recommended that physicians write “Brand Medically Necessary” on prescriptions when branded products are wanted.

The Board noted that current regulations allow pharmacists to switch a brand of levothyroxine prescription if a patient requests a generic.

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The American Thyroid Association (ATA) is the lead organization in promoting thyroid health and understanding thyroid biology. The ATA values scientific inquiry, clinical excellence, public service, education, collaboration, and collegiality. ATA members are physicians and scientists who work to enhance the understanding of thyroid physiology and pathophysiology, improve diagnosis and treatment of thyroid diseases, and promote the education of physicians, patients, and the public about thyroid cancer. Thyroid diseases are the most common disorders of the endocrine system, affecting almost 13 million Americans.