§ 90-85.28. Selection by pharmacists permissible; prescriber may permit or prohibit selection; price limit on selected drugs.
§ 90‑85.28. Selection by pharmacists permissible; prescriber may permit or prohibitselection; price limit on selected drugs.
(a) A pharmacist dispensing a prescription for a drug productprescribed by its brand name may select any equivalent drug product which meetsthe following standards:
(1) The manufacturer's name and the distributor's name, ifdifferent from the manufacturer's name, shall appear on the label of the stockpackage;
(2) It shall be manufactured in accordance with current goodmanufacturing practices;
(3) Effective January 1, 1982, all oral solid dosage forms shallhave a logo, or other identification mark, or the product name to identify themanufacturer or distributor;
(4) The manufacturer shall have adequate provisions for drugrecall; and
(5) The manufacturer shall have adequate provisions for returnof outdated drugs, through his distributor or otherwise.
(b) The pharmacist shall not select an equivalent drug productif the prescriber instructs otherwise by one of the following methods:
(1) A prescription form shall be preprinted or stamped with twosignature lines at the bottom of the form which read:
"_______________________ __________________
Product Selection Permitted Dispenseas Written"
On this form, the prescriber shall communicate hisinstructions to the pharmacist by signing the appropriate line.
(2) In the event the preprinted or stamped prescription formspecified in (b)(1) is not readily available, the prescriber may handwrite"Dispense as Written" or words or abbreviations of the same meaningon a prescription form.
(3) When ordering a prescription orally, the prescriber shallspecify either that the prescribed drug product be dispensed as written or thatproduct selection is permitted. The pharmacist shall note the instructions onthe file copy of the prescription and retain the prescription form for theperiod prescribed by law.
(b1) A prescription for a narrow therapeutic index drug shall berefilled using only the same drug product by the same manufacturer that thepharmacist last dispensed under the prescription, unless the prescriber isnotified by the pharmacist prior to the dispensing of another manufacturer'sproduct, and the prescriber and the patient give documented consent to thedispensing of the other manufacturer's product. For purposes of this subsection,the term "refilled" shall include a new prescription written at theexpiration of a prescription which continues the patient's therapy on a narrowtherapeutic index drug.
(c) The pharmacist shall not select an equivalent drug productunless its price to the purchaser is less than the price of the prescribed drugproduct. (1979, c. 1017, s.1; 1981 (Reg. Sess., 1982), c. 1188, s. 3; 1997‑76, s. 2.)