Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part III - Prevention of Diseases › Chapter 25 - CONTROLLED SUBSTANCES, DRUGS, DEVICES AND COSMETICS › Subchapter A - CONTROLLED SUBSTANCES, DRUGS, DEVICES AND COSMETICS › PRESCRIPTIONS › Section 25.55 - Dispensing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Where the
					 pharmacist is to substitute a less expensive generically equivalent drug for a
					 brand name drug at the pharmacy, notification to the person presenting the
					 prescription shall be made by the pharmacist, either directly or through a
					 pharmacy intern or other person under the supervision of the pharmacist
					 authorized to assist the pharmacist by the State Board of Pharmacy. Such
					 notification shall be limited to advising the person presenting the
					 prescription that substitution is possible, to advising the person of the
					 amount of the retail price difference between the brand name and the
					 generically equivalent drug product substituted for it, and to informing the
					 person that he may refuse the substitution. Questions by the person presenting
					 the prescription for drug product information shall be answered only by the
					 pharmacist or pharmacy intern. The notification described in this subsection of
					 a possible substitution and retail price difference may be oral or may be in a
					 written statement similar to the following: "Your physician has indicated that
					 this prescription, identified as _______, may be filled with one of the generic
					 drug products listed in the Pennsylvania Department of Health Formulary. This
					 lower cost generically equivalent product has been selected by our pharmacy in
					 order to save you, the purchaser, a total of $ _______. Please indicate whether
					 you do [] or do not [] wish to have the lower priced drug. Signed
					 ________________.''
(b) Where the
					 pharmacist is to substitute a less expensive generically equivalent drug
					 product for a brand name drug by mail, the following provisions must be
					 complied with:
(1) The mail order pharmacy,
					 in all communications in connection with the solicitations of mail order
					 customers, whether by direct mailings, general advertising, or on order forms,
					 shall include notice in upper case letters and in boldface type as follows:
PENNSYLVANIA LAW PERMITS PHARMACISTS TO SUBSTITUTE A LESS
						EXPENSIVE GENERICALLY EQUIVALENT DRUG FOR A BRAND NAME DRUG UNLESS YOU OR YOUR
						PHYSICIAN DIRECT OTHERWISE.
[] CHECK HERE IF YOU DO NOT WISH A LESS EXPENSIVE BRAND
						OR GENERIC DRUG "PRODUCT."
(2) After receiving a prescription order by
					 mail, a mail order pharmacy shall substitute a less expensive generically
					 equivalent drug product listed in the Formulary unless expressly directed
					 otherwise by the person presenting the prescription or the prescribing
					 physician.
(3) When a generically
					 equivalent drug product is dispensed by mail, the pharmacy shall notify the
					 person presenting the prescription of the substitution and shall indicate the
					 retail price difference between the brand name drug and the generic equivalent
					 drug product substituted for it.