All dangerous drugs distributed at retail on the order of a licensed veterinarian by the limited retail veterinary drug distributor shall be sold in the original, unbroken manufacturer's containers.

1. A. Upon receipt of a prescription for an animal drug, a pharmacist may dispense any lower cost animal drug that is:

   (1) therapeutically equivalent to the prescribed animal drug;

   (2) bioequivalent to the prescribed animal drug; and

   (3) listed in FDA’s list of approved animal drug products (the “green book”).

2. B. When performing animal drug product selection pursuant to this regulation, a pharmacist may rely on the bioequivalence information found in the FDA FOIA summaries published on the FDA internet website.
3. C. A licensed practitioner may prohibit animal drug product selection by writing with his hand the words "no substitution" or the diminution "no sub" on the face of a prescription.
4. D. If animal drug product selection occurs as permitted in this regulation, the pharmacist shall indicate on the label of the dispensed container the brand of drug prescribed and the name of the drug dispensed.

5. E. A pharmacist may not select a therapeutically equivalent animal drug unless he passes on to the purchaser all savings between the net cost of the product prescribed and the product dispensed.

   [03-07-80...08-27-90; 16.19.15.9 NMAC - Rn, 16 NMAC 19.15.9, 03-30-02; A, 10-25-12]