Method and system for delivering substitute medical therapies with restricted access

• US 7,885,827 B1
• Filed: 06/10/2010
• Issued: 02/08/2011
• Est. Priority Date: 03/29/2005
• Status: Active Grant

• Current Assignee: Exela PharmSci Incorporated (Exela Holdings Incorporated)
• Original Assignee: Exela PharmSci Incorporated (Exela Holdings Incorporated)
• Inventors: Koneru, Phanesh
• Primary Examiner(s): O'Connor; Gerald J.
• Assistant Examiner(s): Pauls; John A
• Application Number:
  US12/813,028
• Time in Patent Office: 243 Days
• Field of Search: 705/2, 705/4
• US Class Current: 705/2
• CPC Class Codes: G06Q 10/10 Office automation; Time management
• CPC Class Codes: G16H 20/10 relating to drugs or medications, e.g. for ensuring correct administration to patients
• CPC Class Codes: G16H 70/60 relating to pathologies

Abstract

A system and methods are provided for delivering to a patient a substitute medical therapy with restricted distribution or access. One example is a medical therapy provider, such as a pharmacist, receiving a prescription for a medical therapy for a patient and describing these procedures and the substitute medical therapy to the patient. The patient and patient'"'"'s prescribing physician will determine whether the proposed substitute medical therapy is desired and would be indicated for this patient, including obtaining data and informed consent from the patient. The method also provides a distributor or third party reviewer the prescription and certification from a qualified patient'"'"'s physician, data and consent from a qualified patient, including an authorization for the substitute medical therapy and confirming the informed consent from a qualified patient by the distributor or a third party reviewer. From this data, the distributor or third party reviewer determines the qualified patient'"'"'s eligibility for access to the medical therapy and, if the qualified patient is found eligible, delivers the medical therapy to the patient.

Claims

1. A method for providing restricted access to a generic drug that has been approved by the Food and Drug Administration (FDA) as substitutable for a branded restricted distribution drug to a patient to whom the branded restricted distribution drug was prescribed by a physician, wherein the branded restricted distribution drug is a drug that requires compliance with an FDA-approved risk management program comprising a generic drug manufacturer:

authorizing fulfillment of the generic drug to the patient only after determining the patient'"'"'s eligibility has been determined in accordance with an FDA-approved risk management program for the generic drug and, if necessary, after approval is obtained from a prescribing physician to substitute the generic drug for the branded restricted distribution drug,

wherein the fulfillment is provided by one of;

a pharmacy, the prescribing physician, the generic drug manufacturer, or a distributor, or a combination thereof; and

wherein the distribution of the generic drug is not authorized if the patient is determined to be ineligible;

provided that authorizing the fulfillment of the generic drug to the patient does not comprise the generic drug manufacturer or distributor;

generating a validation code to dispense the generic drug prior to fulfillment of the prescription;

or

requiring the patient, the pharmacy, or the prescribing physician to be registered with the generic drug manufacturer or distributor prior to the fulfillment of the prescription; and

wherein, after authorizing the fulfillment of the generic drug to the patient, data about the eligibility determination of patient for the generic drug, the physician information, the patient information, and the generic drug delivered are recorded in a computer-readable medium.

2. The method of claim 1, wherein the generic drug is a product with the potential for substance abuse or chemical dependence.

3. The method of claim 1, wherein the generic drug requires ongoing diagnostic testing for continued therapy.

4. The method of claim 1, wherein the generic drug is thalidomide.

5. The method of claim 1, wherein the generic drug is lenalidomide.

6. The method of claim 1, wherein the generic drug is isotretinoin.

7. The method of claim 1, wherein the generic drug is bosentan.

8. The method of claim 1, wherein the generic drug is alosetron.

9. The method of claim 1, wherein the generic drug is dofetilide.

10. The method of claim 1, wherein the generic drug is oxycodone.

11. The method of claim 1, wherein the generic drug is cannabis.

12. The method of claim 1, wherein the generic drug is clozapine.

13. A method for providing restricted access to a generic drug that has been approved by FDA as substitutable for a branded restricted distribution drug to a patient to whom the branded restricted distribution drug was prescribed by a physician, wherein the branded restricted distribution drug is a drug that requires compliance with an FDA-approved risk management program comprising a generic drug manufacturer or distributor:

providing a generic drug for a branded drug that is designated as a restricted distribution drug;

receiving a request for distribution of the generic drug for a specific patient;

obtaining relevant risk-assessment documents from the prescriber who originated the request for the patient;

evaluating the documents for eligibility of the patient for the generic drug under the restricted access program of the generic drug and the prescription for the branded drug;

authorizing fulfillment of the generic drug to the patient only after determining the patient'"'"'s eligibility has been determined in accordance with an FDA-approved risk management program for the generic drug and, if necessary, after approval is obtained from a prescribing physician to substitute the generic drug for the branded restricted distribution drug,

wherein the fulfillment is provided by one of;

a pharmacy, the prescribing physician, the generic drug manufacturer, or a distributor, or a combination thereof; and

wherein the distribution of the generic drug is not authorized if the patient is determined to be ineligible;

provided that authorizing the fulfillment of the generic drug to the patient does not comprise the generic drug manufacturer or distributor;

generating a validation code to dispense the generic drug prior to fulfillment of the prescription;

or

requiring the patient, the pharmacy, or the prescribing physician to be registered with the generic drug manufacturer or distributor prior to the fulfillment of the prescription; and

wherein, after authorizing the fulfillment of the generic drug to the patient, data about the eligibility determination of the patient for the generic drug, the physician information, the patient information, and the generic drug delivered are recorded in a computer-readable medium.

14. The method of claim 13, wherein the generic drug is a product with the potential for substance abuse or chemical dependence.

15. The method of claim 13, wherein the generic drug requires ongoing diagnostic testing for continued therapy.

16. The method of claim 13, wherein the generic drug is thalidomide.

17. The method of claim 13, wherein the generic drug is lenalidomide.

18. The method of claim 13, wherein the generic drug is isotretinoin.

19. The method of claim 13, wherein the generic drug is bosentan.

20. The method of claim 13, wherein the generic drug is alosetron.

21. The method of claim 13, wherein the generic drug is dofetilide.

22. The method of claim 13, wherein the generic drug is oxycodone.

23. The method of claim 13, wherein the generic drug is cannabis.

24. The method of claim 13, wherein the generic drug is clozapine.

25. A method for delivering a substitute medical therapy product that has been approved by the FDA as substitutable for a branded restricted distribution medical therapy to a patient to whom the branded restricted distribution medical therapy was prescribed by a physician, wherein the branded restricted distribution medical therapy is a medical therapy that requires compliance with an FDA-approved risk management program comprising a substitute medical therapy manufacturer or distributor:

describing features to obtain the substitute medical therapy for a qualifying patient for whom the branded medical therapy is prescribed;

obtaining data and informed consent from the patient to receive the substitute medical therapy for the branded medical therapy,

wherein the consent includes an authorization to release the patient'"'"'s medical records to deliver the substitute medical therapy;

authorizing fulfillment of the substitute medical therapy to the patient only after determining the patient'"'"'s eligibility has been determined in accordance with an FDA-approved risk management program for the substitute medical therapy and, if necessary, after approval is obtained from a prescribing physician to substitute the medical therapy for the branded restricted distribution medical therapy,

wherein the fulfillment is provided by one of;

a pharmacy, the prescribing physician, the substitute medical therapy manufacturer, or a distributor, or a combination thereof; and

wherein the distribution of the medical therapy is not authorized if the patient is determined to be ineligible;

provided that authorizing the fulfillment of the substitute medical therapy does not comprise the substitute medical therapy manufacturer or distributor;

generating a validation code to dispense the substitute medical therapy prior to fulfillment of the prescription;

or

requiring the patient, the pharmacy, or the prescribing physician to be registered with the substitute medical therapy manufacturer or distributor prior to fulfillment of the prescription; and

providing, to a distributor of the substitute medical therapy, the authorization, certification data, and informed consent from the qualified patient, and required diagnostic tests,

wherein the certification data includes conclusions from the prescribing physician that the patient is a qualified patient for the substitute medical therapy and representations that the prescribing physician will follow the requirements of the restricted access program for the substitute medical therapy;

confirming the informed consent from the qualified patient to the distributor of the substitute medical therapy;

wherein, after authorizing the fulfillment of the substitute medical therapy to the patient, data about the eligibility determination of the patient for the substitute medical therapy, the physician information, the patient information, and the substitute medical therapy delivered are recorded in a computer-readable medium.

26. The method of claim 25, further comprising:

obtaining data regarding a procedure for delivering a substitute medical therapy.

27. The method of claim 25, further comprising:

confirming and recording in a computer-readable medium prescription data including the prescription label.

28. The method of claim 25, further comprising:

obtaining additional data from the qualified patient to determine present or future qualification or eligibility for the substitute medical therapy.

29. The method of claim 25, wherein the substitute medical therapy is a product with the potential for substance abuse or chemical dependence.

30. The method of claim 25, wherein the substitute medical therapy requires ongoing diagnostic testing for continued therapy.

31. The method of claim 25, wherein the substitute medical therapy is thalidomide.

32. The method of claim 25, wherein the substitute medical therapy is lenalidomide.

33. The method of claim 25, wherein the substitute medical therapy is isotretinoin.

35. The method of claim 25, wherein the substitute medical therapy is alosetron.

36. The method of claim 25, wherein the substitute medical therapy is dofetilide.

37. The method of claim 25, wherein the substitute medical therapy is oxycodone.

38. The method of claim 25, wherein the substitute medical therapy is cannabis.

39. The method of claim 25, wherein the substitute medical therapy is clozapine.

40. The method of claim 25, further comprising:

obtaining additional data from the qualified patient for quality control.

34. The method of cl aim 25, wherein the substitute medical therapy is bosentan.