1326.1 A pharmacist may dispense a generically equivalent drug product if:

(a) The generic product costs the patient less than the prescribed drug product;

(b) The patient does not refuse the substitution; and

(c) The prescribing practitioner does not indicate on the written, facsimile, or electronic prescription form that the specific prescribed brand is to be dispensed by marking “DISPENSE AS WRITTEN,” “BRAND NECESSARY,” “NO SUBSTITUTION,” or other similar language.

1326.2 If a prescription is transmitted orally, the prescribing practitioner or the practitioner’s authorized agent shall prohibit substitution by specifying “BRAND NECESSARY,” “NO SUBSTITUTION,” or other similar language.

1326.3 The formulary of drug products for the District of Columbia shall be the chemical and generic drugs contained in the publication, “Approved Drug Products with Therapeutic Equivalence Evaluations (also known as the Orange Book)”, and its monthly updates. This drug formulary is incorporated by reference as a part of this chapter.

1326.4 A copy of the publication, “Approved Drug Products with Therapeutic Equivalence Evaluations,” may be obtained from the Superintendent of Documents, Government Printing Office of the United States, Washington, DC 20402. The electronic version may be accessed on line at http://www.fda.gov/cder/ob/default.htm This URL is subject to change.

SOURCE: Final Rulemaking published at 56 DCR 4742 (June 19, 2009).