155A.32 - DRUG PRODUCT SELECTION -- RESTRICTIONS.

        155A.32  DRUG PRODUCT SELECTION -- RESTRICTIONS.
         1.  If an authorized prescriber prescribes, in writing,
      electronically, by facsimile, or orally, a drug by its brand or trade
      name, the pharmacist may exercise professional judgment in the
      economic interest of the patient by selecting a drug product with the
      same generic name and demonstrated bioavailability as the one
      prescribed for dispensing and sale to the patient.  If the cost of
      the prescription or any part of it will be paid by expenditure of
      public funds authorized under chapter 249A, the pharmacist shall
      exercise professional judgment by selecting a drug product with the
      same generic name and demonstrated bioavailability as the one
      prescribed for dispensing and sale.  If the pharmacist exercises drug
      product selection, the pharmacist shall inform the patient of the
      savings which the patient will obtain as a result of the drug product
      selection and pass on to the patient no less than fifty percent of
      the difference in actual acquisition costs between the drug
      prescribed and the drug substituted.
         2.  The pharmacist shall not exercise the drug product selection
      described in this section if either of the following is true:
         a.  The prescriber specifically indicates that no drug product
      selection shall be made.
         b.  The person presenting the prescription indicates that only
      the specific drug product prescribed should be dispensed.  However,
      this paragraph does not apply if the cost of the prescription or any
      part of it will be paid by expenditure of public funds authorized
      under chapter 249A.
         3.  If selection of a generically equivalent product is made under
      this section, the pharmacist making the selection shall note that
      fact and the name of the manufacturer of the selected drug on the
      prescription presented by the patient or the patient's adult
      representative or transmitted by the prescriber or the prescriber's
      authorized agent.  
         Section History: Recent Form
         87 Acts, ch 215, § 32; 2004 Acts, ch 1036, §17