§328-92 Drug product selection.
(a) A pharmacist or the pharmacist's authorized agent shall:(1) Offer to the consumer substitutable and lower cost equivalent drug products from the formulary adopted pursuant to section 328-96;
(2) Inform the consumer of the retail price difference between the brand name drug product and the substitutable drug product; and
(3) Inform the consumer of the consumer's right to refuse substitution.
The pharmacist shall substitute if the consumer consents, the practitioner does not prohibit substitution under subsection (b), and the price of the substitute equivalent drug product is less than the price of the prescribed drug product. The pharmacist shall not substitute if the consumer refuses.
(b) In filling initial or original prescriptions, the pharmacist shall not substitute an equivalent drug product if the practitioner, and only the practitioner, handwrites "do not substitute" on the written prescription. The pharmacist shall not substitute an equivalent drug product if a prescription is ordered orally and the practitioner or authorized employee of the practitioner orally orders "do not substitute".
The pharmacist shall note the practitioner's instructions on the prescription record required to be maintained under section 328-17.7.
In refilling prior written prescriptions, the pharmacist shall not substitute an equivalent drug product if the oral prescription is a refill of a prior written prescription for which selection of an equivalent drug product was not permitted; provided that if the prior written prescription permitted the selection of an equivalent drug product, substitution shall be permitted. The pharmacist, however, shall not substitute an equivalent drug product if a refill of a prescription is ordered orally and the practitioner or authorized employee of the practitioner orally orders "do not substitute".
The designation of "do not substitute" and the practitioner's signature shall not be preprinted or stamped on the prescription.
(c) The pharmacist shall not substitute an equivalent drug product unless its price to the purchaser is less than the price of the prescribed drug product.
(d) The pharmacist shall not substitute an equivalent drug product for any prescription for an anti-epileptic drug, except upon the consent of the practitioner and the patient or the patient's parent or guardian. This narrow exception for epileptic patients shall not be construed as a policy decision to make exceptions for any other conditions.
(e) The county prosecutors and the attorney general may bring action upon complaint by an aggrieved person or upon their own motion in the name of the State against any person to enjoin any violation of this part. [L 1980, c 187, pt of §1; am L 1982, c 122, §1(4); gen ch 1985; am L 1992, c 193, §§1, 5; am L 1996, c 209, §3; am L 1997, c 214, §6]