Chapter 146-B: Drug Product Selection

In this chapter:

I. "Department" means the department of health and human services.

II. "Established name" has the meaning given in section 502(e)(3) of the Federal Food, Drug and Cosmetic Act (21 U.S.C. 352(e)(3)).

III. "Equivalent drug product" means a therapeutically equivalent drug product with the same established name, active ingredient strength, quantity and dosage form as the drug product identified in the prescription.

IV. "Prescriber" means a person licensed by the state to prescribe drug products.

I. Unless instructed otherwise by the person receiving the drug pursuant to the prescription, a pharmacist filling a prescription for a drug product prescribed by its trade or brand name may select an equivalent drug product listed in "Approved Prescription Drug Products with Therapeutic Equivalence Evaluations" as published by the United States Department of Health and Human Services.

II. The pharmacist shall not select an equivalent drug product if the prescriber handwrites "medically necessary" on the written prescription, or when ordering a prescription orally the prescriber specifies that the prescribed drug product is medically necessary. The designation of medical necessity shall not be preprinted or stamped on the prescription. This paragraph shall not preclude a reminder of the procedure required to prohibit selection of an equivalent drug product from being preprinted on the prescription.

III. The pharmacist shall not select an equivalent drug product unless its price to the purchaser is less than the price of the prescribed drug product.

IV. The pharmacist or the pharmacist's agent, assistant or employee shall inform the person receiving the drug pursuant to the prescription of the selection of a lower-cost equivalent drug product and of the person's right to refuse the product selected.

Unless the prescriber instructs otherwise, the label for every drug product dispensed shall include the product's trade or brand name, if any, or its established name and the name of the manufacturer, packer or distributor, using abbreviations if necessary.

The pharmacy file copy of every prescription shall include the trade or brand name, if any, and the name of the manufacturer, and the packer or distributor, of the drug product dispensed, and any instructions as to medical necessity as noted by the prescriber.

The department shall assess the need for and, if appropriate, provide for public education regarding the provisions of this chapter. From time to time, the department shall monitor the effects of this chapter.

A pharmacist who selects an equivalent drug product pursuant to this chapter assumes no greater liability for selecting the dispensed drug product than would be incurred in filling a prescription for a drug product prescribed by its established name.

Any person who violates the provisions of this chapter shall be guilty of a violation.