• Current through October 23, 2012

(a)(1) When a pharmacist receives a prescription for a brand name drug, the pharmacist may dispense a generically equivalent drug product that is listed in the Orange Book; provided, that the pharmacist shall dispense a generically equivalent drug product if requested by the purchaser, except as provided in § 48-803.03.

(2) If a generic substitution is made pursuant to this subsection, the pharmacist shall dispense the generically equivalent drug product in stock having the lowest cost to the person purchasing the drug product.

(b) When a pharmacist receives a prescription for a drug by generic name, the pharmacist shall dispense the listed product in stock that has the lowest cost to the person purchasing the drug product.

(c) Repealed.

(Sept. 10, 1976, D.C. Law 1-81, title III, § 302, 23 DCR 2460; Apr. 7, 1977, D.C. Law 1-114, § 4(a), 23 DCR 8743; Mar. 11, 2010, D.C. Law 18-118, § 2(b), 57 DCR 901.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 33-732.

1973 Ed., § 33-832.

Effect of Amendments

D.C. Law 18-118 rewrote the heading and section, which had read as follows:

§ 48-803.02. Dispensation of equivalent products by pharmacists--Conditions under which authorized; prices for prescribed drugs.

"(a)(1) When a pharmacist receives a prescription for a brand name drug, the pharmacist may dispense a generically equivalent drug product that is listed in the Orange Book; provided, that the pharmacist shall dispense a generically equivalent drug product if requested by the purchaser, except as provided in § 48-803.02.

"(2) If a generic substitution is made pursuant to this subsection, the pharmacist shall dispense the generically equivalent drug product in stock having the lowest cost to the person purchasing the drug product.

"(b) When a pharmacist receives a prescription for a drug by generic name, the pharmacist shall dispense the listed product in stock having the lowest current selling price.

"(c) Until the first promulgation of the formulary by the Department of Human Services, pharmacists licensed in the District shall have the same power which they had prior to September 10, 1976, to exercise their professional judgment in selecting the drug product to be dispensed."

Legislative History of Laws

For legislative history of D.C. Law 1-81, see Historical and Statutory Notes following § 48-804.51.

For legislative history of D.C. Law 1-114, see Historical and Statutory Notes following § 48-804.51.

For Law 18-118, see notes following § 48-803.01.