1. (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. (1) the words "Brand Medically Necessary" or words of similar meaning are:

      1. (A) written in the practitioner's own writing on the form; or
      2. (B) electronically transmitted with an electronically transmitted prescription; or

   2. (2) the practitioner has indicated that the pharmacist may not substitute a generically equivalent drug product by:

      1. (A) orally stating that a substitution is not permitted; or
      2. (B) for an electronically transmitted prescription, indicating with the electronic prescription that a substitution is not permitted.
2. (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.

3. (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).]

As added by P.L.2-1993, SEC.25. Amended by P.L.239-1999, SEC.8; P.L.291-2001, SEC.234; P.L.204-2005, SEC.12; P.L.32-2013, SEC.1.