State Codes and Statutes

Statutes > Missouri > T22 > C338 > 338_056

Generic substitutions may be made, when, form required forprescription blanks, exception--penalty.

338.056. 1. Except as provided in subsection 2 of this section*, thepharmacist filling prescription orders for drug products prescribed by tradeor brand name may select another drug product with the same active chemicalingredients of the same strength, quantity and dosage form, and of the samegeneric drug type, as determined by the United States Adopted Names andaccepted by the Federal Food and Drug Administration. Selection pursuant tothis section is within the discretion of the pharmacist, except as provided insubsection 2 of this section*. The pharmacist who selects the drug product tobe dispensed pursuant to this section shall assume the same responsibility forselecting the dispensed drug product as would be incurred in filling aprescription for a drug product prescribed by generic name. The pharmacistshall not select a drug product pursuant to this section unless the productselected costs the patient less than the prescribed product.

2. A pharmacist who receives a prescription for a brand name drug may,unless requested otherwise by the purchaser, select a less expensivegenerically equivalent product under the following circumstances:

(1) If a written prescription is involved, the prescription form usedshall have two signature lines at opposite ends at the bottom of the form.Under the line at the right side shall be clearly printed the words: "Dispenseas Written". Under the line at the left side shall be clearly printed thewords "Substitution Permitted". The prescriber shall communicate theinstructions to the pharmacist by signing the appropriate line. Noprescription shall be valid without the signature of the prescriber on one ofthese lines;

(2) If an oral prescription is involved, the practitioner or thepractitioner's agent, communicating the instructions to the pharmacist, shallinstruct the pharmacist as to whether or not a therapeutically equivalentgeneric drug may be substituted. The pharmacist shall note the instructionson the file copy of the prescription.

3. All prescriptions written in the state of Missouri by practitionersauthorized to write prescriptions shall be on forms which comply withsubsection 2 hereof.

4. Notwithstanding the provisions of subsection 2 of this section to thecontrary, a pharmacist may fill a prescription for a brand name drug bysubstituting a generically equivalent drug when generic substitution isallowed in accordance with the laws of the state where the prescribingpractitioner is located.

5. Violations of this section are infractions.

(L. 1978 H.B. 933, A.L. 1996 H.B. 1237)

*Words "of this section" do not appear in original rolls.

State Codes and Statutes

Statutes > Missouri > T22 > C338 > 338_056

Generic substitutions may be made, when, form required forprescription blanks, exception--penalty.

338.056. 1. Except as provided in subsection 2 of this section*, thepharmacist filling prescription orders for drug products prescribed by tradeor brand name may select another drug product with the same active chemicalingredients of the same strength, quantity and dosage form, and of the samegeneric drug type, as determined by the United States Adopted Names andaccepted by the Federal Food and Drug Administration. Selection pursuant tothis section is within the discretion of the pharmacist, except as provided insubsection 2 of this section*. The pharmacist who selects the drug product tobe dispensed pursuant to this section shall assume the same responsibility forselecting the dispensed drug product as would be incurred in filling aprescription for a drug product prescribed by generic name. The pharmacistshall not select a drug product pursuant to this section unless the productselected costs the patient less than the prescribed product.

2. A pharmacist who receives a prescription for a brand name drug may,unless requested otherwise by the purchaser, select a less expensivegenerically equivalent product under the following circumstances:

(1) If a written prescription is involved, the prescription form usedshall have two signature lines at opposite ends at the bottom of the form.Under the line at the right side shall be clearly printed the words: "Dispenseas Written". Under the line at the left side shall be clearly printed thewords "Substitution Permitted". The prescriber shall communicate theinstructions to the pharmacist by signing the appropriate line. Noprescription shall be valid without the signature of the prescriber on one ofthese lines;

(2) If an oral prescription is involved, the practitioner or thepractitioner's agent, communicating the instructions to the pharmacist, shallinstruct the pharmacist as to whether or not a therapeutically equivalentgeneric drug may be substituted. The pharmacist shall note the instructionson the file copy of the prescription.

3. All prescriptions written in the state of Missouri by practitionersauthorized to write prescriptions shall be on forms which comply withsubsection 2 hereof.

4. Notwithstanding the provisions of subsection 2 of this section to thecontrary, a pharmacist may fill a prescription for a brand name drug bysubstituting a generically equivalent drug when generic substitution isallowed in accordance with the laws of the state where the prescribingpractitioner is located.

5. Violations of this section are infractions.

(L. 1978 H.B. 933, A.L. 1996 H.B. 1237)

*Words "of this section" do not appear in original rolls.


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T22 > C338 > 338_056

Generic substitutions may be made, when, form required forprescription blanks, exception--penalty.

338.056. 1. Except as provided in subsection 2 of this section*, thepharmacist filling prescription orders for drug products prescribed by tradeor brand name may select another drug product with the same active chemicalingredients of the same strength, quantity and dosage form, and of the samegeneric drug type, as determined by the United States Adopted Names andaccepted by the Federal Food and Drug Administration. Selection pursuant tothis section is within the discretion of the pharmacist, except as provided insubsection 2 of this section*. The pharmacist who selects the drug product tobe dispensed pursuant to this section shall assume the same responsibility forselecting the dispensed drug product as would be incurred in filling aprescription for a drug product prescribed by generic name. The pharmacistshall not select a drug product pursuant to this section unless the productselected costs the patient less than the prescribed product.

2. A pharmacist who receives a prescription for a brand name drug may,unless requested otherwise by the purchaser, select a less expensivegenerically equivalent product under the following circumstances:

(1) If a written prescription is involved, the prescription form usedshall have two signature lines at opposite ends at the bottom of the form.Under the line at the right side shall be clearly printed the words: "Dispenseas Written". Under the line at the left side shall be clearly printed thewords "Substitution Permitted". The prescriber shall communicate theinstructions to the pharmacist by signing the appropriate line. Noprescription shall be valid without the signature of the prescriber on one ofthese lines;

(2) If an oral prescription is involved, the practitioner or thepractitioner's agent, communicating the instructions to the pharmacist, shallinstruct the pharmacist as to whether or not a therapeutically equivalentgeneric drug may be substituted. The pharmacist shall note the instructionson the file copy of the prescription.

3. All prescriptions written in the state of Missouri by practitionersauthorized to write prescriptions shall be on forms which comply withsubsection 2 hereof.

4. Notwithstanding the provisions of subsection 2 of this section to thecontrary, a pharmacist may fill a prescription for a brand name drug bysubstituting a generically equivalent drug when generic substitution isallowed in accordance with the laws of the state where the prescribingpractitioner is located.

5. Violations of this section are infractions.

(L. 1978 H.B. 933, A.L. 1996 H.B. 1237)

*Words "of this section" do not appear in original rolls.