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Title 39 - Trade and Commerce
DRUG PRODUCT SELECTION ACT
This chapter shall be known and may be cited as the "Drug Product Selection Act of 1978".
As used in this chapter:
(1) "Brand name" means the proprietary or trade name placed upon a drug, its container, label or wrapping at the time of packaging;
(2) "Generic name" means the United States Adopted Name (USAN) or the official title of a drug published in the latest edition of a nationally recognized pharmacopoeia or formulary;
(3) "Substitute" means to dispense, with the practitioner's authorization, a "therapeutically equivalent" generic drug product of identical drug salt in place of the drug ordered or prescribed;
(4) "Therapeutically equivalent" means the same efficacy and toxicity when administered to an individual in the same dosage form; and
(5) "Practitioner" means a physician, osteopath, dentist, podiatrist, veterinarian, or any other person authorized to prescribe drugs under the laws of this State.
Substitution of equivalent drugs authorized.
As provided in Section 39-4-40, upon receiving a prescription for a brand name product, a registered pharmacist may substitute a drug product of the same dosage form and strength which, in his professional judgment, is a therapeutically equivalent drug product.
Prescription shall state whether substitution proper; form; consent of patient.
Every oral or written drug prescription shall provide an authorization from the practitioner as to whether or not a therapeutically equivalent generic drug may be substituted.
A written prescription shall have two signature lines at opposite ends on the bottom of the form. Under the line at the left side shall be clearly printed the words "'DISPENSE AS WRITTEN". Under the line at the right side shall be clearly printed the words "SUBSTITUTION PERMITTED". The practitioner shall communicate the instructions to the pharmacist by signing on the appropriate line. No written prescription shall be valid without the signature of the practitioner on one of these lines.
An oral prescription from the practitioner shall instruct the pharmacist as to whether or not a therapeutically equivalent generic drug product may be substituted. The pharmacist shall note the instructions on the file copy of the prescription and retain the prescription form for the period as prescribed by law.
The pharmacist shall note the brand name or the manufacturer of the substituted drug dispensed on the file copy of a written or oral prescription. The prescription label shall contain the brand name of the drug product dispensed or the generic name of the drug product dispensed and its manufacturer, either written in full or appropriately abbreviated, unless the prescribing practitioner indicates that the name of the drug shall not appear upon the prescription label.
Substitution shall not occur unless the pharmacist advises the patient that the practitioner has authorized substitution and the patient consents.
When dispensing a prescribed medication, if a pharmacist substitutes a generic drug for a name brand prescribed drug, the generic drug name must be listed on the prescription label first followed by the words "substituted for" and the name brand prescribed drug or this information must be affixed to the container on an auxiliary label.
No provisions of this chapter shall apply to, nor be construed to invalidate, prescriptions issued prior to the effective date of this chapter; provided, that an oral authorization for substitution may be obtained from the prescribing practitioner by the pharmacist on any prescription issued prior to the effective date of this chapter.
Out of state and United States Government prescriptions.
This chapter shall not be construed to prevent registered pharmacists from filling, as otherwise provided by law, prescriptions originating outside the boundaries of this State and official United States Government prescriptions issued by authorized governmental officials.