If a physician prescribes a brand name drug when a less costly therapeutically equivalent generic drug exists, and writes "Do Not Substitute" or "Dispense as Written" on the prescription in conformity with Business and Professions Code section 4073, the physician must document the medical necessity for prescribing the brand name drug in the patient's medical chart and in the Doctor's First Report of Injury (Form 5021) or Progress Report (PR-2.) The documentation must include the patient-specific factors that support the physician's determination that the brand name drug is medically necessary. The physician must submit a Request for Authorization and obtain authorization through prospective review before the brand name drug is dispensed.
Cal. Code Regs. Tit. 8, § 9792.27.7
Note: Authority cited: Sections 133, 4603.5, 5307.3 and 5307.27, Labor Code. Reference: Sections 4600, 4604.5 and 5307.27, Labor Code.