Title 26, Chapter 4, Section 81
( 26-4-81)
(a) In accordance with this Code section, a pharmacist may
substitute a drug with the same generic name in the same strength,
quantity, dose, and dosage form as the prescribed brand name drug
product which is, in the pharmacist's reasonable professional
opinion, pharmaceutically equivalent. (b) If a practitioner of the healing arts prescribes a drug by its
generic name, the pharmacist shall dispense the lowest retail priced
drug product which is in stock and which is, in the pharmacist's
reasonable professional opinion, pharmaceutically equivalent. (c) Substitutions as provided for in subsections (a) and (b) of this
Code section are authorized for the express purpose of making
available to the consumer the lowest retail priced drug product
which is in stock and which is, in the pharmacist's reasonable
professional opinion, both therapeutically equivalent and
pharmaceutically equivalent. (d) Whenever a substitution is made, the pharmacist shall record on
the original prescription the fact that there has been a
substitution and the identity of the dispensed drug product and its
manufacturer. Such prescription shall be made available for
inspection by the board or its representative in accordance with the
rules of the board. (e) The substitution of any drug by a registered pharmacist pursuant
to this Code section does not constitute the practice of medicine. (f) A patient for whom a prescription drug order is intended may
instruct a pharmacist not to substitute a generic name drug in lieu
of a brand name drug. (g) A practitioner of the healing arts may instruct the pharmacist
not to substitute a generic name drug in lieu of a brand name drug
by including the words "brand necessary" in the body of the
prescription. Such indication of brand necessary must be in the
practitioner's own handwriting and shall not be printed, applied by
rubber stamp, or any such similar means. (h) The substitution of any drug by a registered pharmacist pursuant
to this Code section does not constitute the practice of medicine. |