Section 16-42-22-10 - Substitution prohibited(a) If a prescription is filled under the Medicaid program (42 U.S.C. 1396 et seq.), the children's health insurance program established under IC 12-17.6-2, or the Medicare program (42 U.S.C. 1395 et seq.), the pharmacist shall substitute a generically equivalent drug product and inform the customer of the substitution if the substitution would result in a lower price unless: (1) the words "Brand Medically Necessary" or words of similar meaning are:(A) written in the practitioner's own writing on the form; or(B) electronically transmitted with an electronically transmitted prescription; or(2) the practitioner has indicated that the pharmacist may not substitute a generically equivalent drug product by: (A) orally stating that a substitution is not permitted; or(B) for an electronically transmitted prescription, indicating with the electronic prescription that a substitution is not permitted.(b) If a practitioner orally states that a generically equivalent drug product may not be substituted, the practitioner must subsequently forward to the pharmacist a written or electronically transmitted prescription with the "Brand Medically Necessary" instruction appropriately indicated in the physician's own handwriting.(c) This section does not authorize any substitution other than substitution of a generically equivalent drug product.Pre-1993 Recodification Citation: 16-6-8.1-2(e).
Amended by P.L. 32-2013, SEC. 1, eff. 7/1/2013.As added by P.L. 2-1993, SEC.25. Amended by P.L. 239-1999, SEC.8; P.L. 291-2001, SEC.234; P.L. 204-2005, SEC.12.