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217.822 Substitution of equivalent drug -- Substitute must be lower in price than prescribed drug -- Selection by pharmacist not practice of medicine -- Liability of pharmacist -- Duty of pharmacist.

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217.822 Substitution of equivalent drug -- Substitute must be lower in price than prescribed drug -- Selection by pharmacist not practice of medicine -- Liability <br>of pharmacist -- Duty of pharmacist. (1) When a pharmacist receives a prescription for a brand name drug which is not listed by generic name in the nonequivalent drug product formulary prepared by the <br>board, he shall select a lower priced therapeutically equivalent drug which he has in <br>stock, unless otherwise instructed by the purchaser or his physician, provided <br>however that if such selection is made, the label on the container of the drug shall <br>show the name of the drug dispensed. (2) When an equivalent drug product is dispensed in lieu of a brand name drug prescribed, the price of the equivalent drug product dispensed shall be lower in <br>price to the purchaser than the drug product prescribed. (3) If, in the opinion of a practitioner, it is to the best interest of his patient that an equivalent drug should not be dispensed, he may indicate in the manner of his <br>choice on the prescription &quot;Do Not Substitute,&quot; except that the indication shall not <br>be preprinted on a prescription. (4) The selection of any drug by a pharmacist under the provisions of this section shall not constitute the practice of medicine. (5) A pharmacist who selects an equivalent drug product pursuant to KRS 217.815 to 217.826 assumes no greater liability for selecting the dispensed drug product than <br>would be incurred in dispensing a prescription for a drug product prescribed by its <br>generic name. (6) When a pharmacist receives a generically written prescription for a multiple source drug product, he shall dispense an equivalent drug product in accordance with the <br>provisions of KRS 217.815 to 217.826. Effective: July 15, 1982 <br>History: Amended 1982 Ky. Acts ch. 399, sec. 4, effective July 15, 1982. -- Amended 1976 Ky. Acts ch. 274, sec. 2. -- Created 1972 Ky. Acts ch. 126, sec. 8.