2010 Tennessee Code
Title 53 - Food, Drugs And Cosmetics
Chapter 10 - Legend Drugs
Part 2 - Tennessee Affordable Drug Act of 2005
53-10-205 - Least expensive generic equivalent if authorized by prescriber.
53-10-205. Least expensive generic equivalent if authorized by prescriber.
(a) When a pharmacist receives a written, verbal, electronic or facsimile prescription order, and the prescriber has not noted medical necessity of the brand name prescribed, as required in § 53-10-204, the pharmacist shall dispense the least expensive generic equivalent in stock, or a generic equivalent covered under the patient's drug plan, except as provided in subsections (c) and (d).
(b) A pharmacist shall make a reasonable attempt to notify a prescriber if a generic equivalent has become available since the last dispensing of a prescription, and, if authorized by the prescriber, the pharmacist shall dispense the least expensive generic equivalent in stock, or a generic equivalent covered under the patient's drug plan.
(c) If a pharmacist has reason to believe that the brand name drug or drug product is less expensive to the patient or patient's drug plan than the generic equivalent, the pharmacist shall fill the prescription with the brand name drug or drug product.
(d) Nothing in this section shall be construed as prohibiting a pharmacist from complying with the request of a patient with a valid prescription order to obtain a brand name drug or drug product, if:
(1) The patient has prescription drug coverage under a prescription benefit plan and agrees to pay the additional cost, if any, of purchasing the brand name drug or drug product, as that cost is determined according to the benefits provided by the patient's prescription benefit plan and when cost sharing that would be required to cover the additional cost is permissible under the patient's prescription benefit plan guidelines and all applicable laws and regulations; or
(2) The patient does not have a prescription benefit plan or the patient's prescription benefit plan does not provide coverage for the brand name drug or drug product, and the patient agrees to pay the entire cost at the pharmacy of the brand name drug or drug product.
[Acts 2005, ch. 434, § 7; 2006, ch. 564, § 3.]
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