§ 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).]

Legislative History

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; P.L.32-2013, SEC.1.