Sec. 10. (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).]
‹ Prev All Indiana sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.