§ 17-92-503 - Generic substitutions. - Arkansas Statutes

17-92-503. Generic substitutions.

(a) (1) Except as provided in subsection (b) of this section, when a pharmacist receives a prescription for a brand or trade name drug product, the pharmacist may dispense a lower cost generically equivalent drug product.

(2) The total amount charged for the substituted generically equivalent drug product or for dispensing the drug product shall not exceed the amount normally and regularly charged under comparable circumstances by the pharmacist for that drug product or for the dispensing of that drug product.

(3) A pharmacist may not dispense a drug product with a total charge that exceeds the total charge of the drug product originally prescribed unless agreed to by the purchaser.

(b) The pharmacist shall not dispense a generically equivalent drug product under subsection (a) of this section if:

(1) The prescriber, in the case of a prescription in writing signed by the prescriber, indicates in his or her own handwriting by name or initial that no substitution shall be made;

(2) The prescriber, in the case of a prescription other than one in writing signed by the prescriber, expressly indicates that the prescription is to be dispensed as communicated;

(3) The person for whom the drug product is prescribed indicates that the prescription is to be dispensed as written or communicated; or

(4) The Arkansas State Board of Pharmacy has determined that the drug should not be substituted and has notified all pharmacists of that determination.

(c) (1) The Arkansas State Board of Pharmacy shall determine which drugs are generically equivalent as defined in 17-92-101, relying on standards scientifically supported and generally accepted in the field of pharmacy, and shall notify each licensed pharmacist and the Arkansas State Medical Board of this determination.

(2) In making this determination, the Arkansas State Board of Pharmacy may use a nationally recognized reference source that meets the requirements of this act, notifying each licensed pharmacist and the Arkansas State Medical Board of the reference source to be used and any additions or deletions the Arkansas State Board of Pharmacy may make in its discretion.