2006 Code of Virginia § 54.1-3408.03 - Dispensing of therapeutically equivalent drug product permitted

54.1-3408.03. Dispensing of therapeutically equivalent drug productpermitted.

A. A pharmacist may dispense a therapeutically equivalent drug product for aprescription that is written for a brand-name drug product unless (i) theprescriber indicates such substitution is not authorized by specifying on theprescription, "brand medically necessary" or (ii) the patient insists onthe dispensing of the brand-name drug product.

In the case of an oral prescription, the prescriber's oral dispensinginstructions regarding substitution shall be followed.

B. Prescribers using prescription blanks printed in compliance with Virginialaw in effect on June 30, 2003, having two check boxes and referencing theVirginia Voluntary Formulary, may indicate, until July 1, 2006, thatsubstitution is not authorized by checking the "Dispense as Written" box.If the "Voluntary Formulary Permitted" box is checked on such prescriptionblanks or if neither box is checked, a pharmacist may dispense atherapeutically equivalent drug product pursuant to such prescriptions.

C. If the pharmacist dispenses a drug product other than the brand nameprescribed, he shall so inform the purchaser and shall indicate, unlessotherwise directed by the prescriber, on both his permanent record and theprescription label, the brand name or, in the case of a therapeuticallyequivalent drug product, the name of the manufacturer or the distributor.Whenever a pharmacist dispenses a therapeutically equivalent drug productpursuant to a prescription written for a brand-name product, the pharmacistshall label the drug with the name of the therapeutically equivalent drugproduct followed by the words "generic for" and the brand name of the drugfor which the prescription was written.

D. When a pharmacist dispenses a drug product other than the drug productprescribed, the dispensed drug product shall be at a lower retail price thanthat of the drug product prescribed. Such retail price shall not exceed theusual and customary retail price charged by the pharmacist for the dispensedtherapeutically equivalent drug product.

(2003, c. 639.)