Substitute Prescription Drug Act

Summary

Substitute Prescription Drug Act - Permits a pharmacist to fill or refill a drug prescription from a licensed physician with a substitute drug when the drug in the prescription is identified by a proprietary name or designation if (1) the physician has not stated that such prescription is only to be filled or refilled by the drug so identified; and (2) the cost of the substitute drug is lower than the prescribed drug or any other substitute currently available in the pharmacists inventory. Prohibits a pharmacist from substituting a drug if the patient requests a substitute other than such substitute selected by the pharmacist. Permits a pharmacist to utilize a substitute drug for a prescribed drug when the prescribed drug is identified by its established name if (1) use of the substitute drug would result in a reduction in cost to the patient; and (2) such substitute is the least costly substitute currently available in the pharmacist's inventory. Prohibits use of a substitute drug in the case of an established name drug prescription if the physician specifies that the prescription is to be filled with a drug other than the substitute except, (1) if more than one substitute drug conforms to the prescribed drugs specifications and the cost to the patient is less than any other substitute drug, such substitute drug may be used; or (2) the patient requests a drug other than the substitute drug chosen by the pharmacist. Exempts certain transactions with respect to which benefits are payable under the Social Security Act from the substitute drug requirements. Preempts State law in areas covered by this Act. Makes any violation of this Act a violation of the Federal Trade Commission Act and subject to enforcement under such Act.

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1 official file

• Introduced in House

  summary · EN · 17 January 1977

  Open at official source

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