§ 21-31-16.1 Substitution of genericdrugs. – (a) Product selection. The director shall permit substitution of lessexpensive generic, chemical, or brand name drugs and pharmaceuticals consideredby the director as therapeutically equivalent and interchangeable with specificbrand name drugs and pharmaceuticals, if they are found to be in compliancewith § 21-31-16 and standards set forth by the United States Food and DrugAdministration under §§ 505 and 507 of the Federal Food, Drug, andCosmetic Act, 21 U.S.C. §§ 355 and 357. The director shall consider,but not be limited to, the determination of the United States Food and DrugAdministration, or its successor agency, as published under §§ 505and 507 of the Federal Food, Drug, and Cosmetic Act. The director shall providefor the distribution of copies of lists of prescription drug products that thedirector deems after evaluation not to be therapeutically equivalent, andrevisions to the lists, among physicians and pharmacists licensed and activelyengaged in practice within the state, and other appropriate individuals, andshall supply a copy to any person on request. The list shall be revised fromtime to time so as to include new pertinent information on approvedprescription drug products, reflecting current information as to standards forquality, safety, effectiveness, and therapeutic equivalence.
(b) Appropriations. The director shall providenecessary space, personnel, and material to carry out the provisions of thissection.
(c) Liability. There shall be no civil liabilityincurred and no cause of action of any nature shall arise against the director,designated agents, or employees, as a result of the listing or omission ofdrugs or pharmaceuticals for product selection.
(d) Annual reports. The director shall make annualreports to the general assembly by February 10 of each year showing a list ofapproved prescription drug products with therapeutic equivalence, and anestimate of the average savings to the general public.
(e) Pharmacists. When a pharmacist dispenses atherapeutically equivalent drug product, there shall be no additional liabilityimposed on the prescriber who authorizes that product selection, or on thepharmacist dispensing the product selection from a physician's oral or writtenorder.
(f) Enforcement provisions. It is made the duty of thedepartment of health, its agents designated by the director of health, and ofall peace officers within the state to enforce all provisions of this sectionand of §§ 5-19.1-19, 5-37-18 – 5-37-18.2, and 21-31-3.
§ 21-31-16.1 Substitution of genericdrugs. – (a) Product selection. The director shall permit substitution of lessexpensive generic, chemical, or brand name drugs and pharmaceuticals consideredby the director as therapeutically equivalent and interchangeable with specificbrand name drugs and pharmaceuticals, if they are found to be in compliancewith § 21-31-16 and standards set forth by the United States Food and DrugAdministration under §§ 505 and 507 of the Federal Food, Drug, andCosmetic Act, 21 U.S.C. §§ 355 and 357. The director shall consider,but not be limited to, the determination of the United States Food and DrugAdministration, or its successor agency, as published under §§ 505and 507 of the Federal Food, Drug, and Cosmetic Act. The director shall providefor the distribution of copies of lists of prescription drug products that thedirector deems after evaluation not to be therapeutically equivalent, andrevisions to the lists, among physicians and pharmacists licensed and activelyengaged in practice within the state, and other appropriate individuals, andshall supply a copy to any person on request. The list shall be revised fromtime to time so as to include new pertinent information on approvedprescription drug products, reflecting current information as to standards forquality, safety, effectiveness, and therapeutic equivalence.
(b) Appropriations. The director shall providenecessary space, personnel, and material to carry out the provisions of thissection.
(c) Liability. There shall be no civil liabilityincurred and no cause of action of any nature shall arise against the director,designated agents, or employees, as a result of the listing or omission ofdrugs or pharmaceuticals for product selection.
(d) Annual reports. The director shall make annualreports to the general assembly by February 10 of each year showing a list ofapproved prescription drug products with therapeutic equivalence, and anestimate of the average savings to the general public.
(e) Pharmacists. When a pharmacist dispenses atherapeutically equivalent drug product, there shall be no additional liabilityimposed on the prescriber who authorizes that product selection, or on thepharmacist dispensing the product selection from a physician's oral or writtenorder.
(f) Enforcement provisions. It is made the duty of thedepartment of health, its agents designated by the director of health, and ofall peace officers within the state to enforce all provisions of this sectionand of §§ 5-19.1-19, 5-37-18 – 5-37-18.2, and 21-31-3.
§ 21-31-16.1 Substitution of genericdrugs. – (a) Product selection. The director shall permit substitution of lessexpensive generic, chemical, or brand name drugs and pharmaceuticals consideredby the director as therapeutically equivalent and interchangeable with specificbrand name drugs and pharmaceuticals, if they are found to be in compliancewith § 21-31-16 and standards set forth by the United States Food and DrugAdministration under §§ 505 and 507 of the Federal Food, Drug, andCosmetic Act, 21 U.S.C. §§ 355 and 357. The director shall consider,but not be limited to, the determination of the United States Food and DrugAdministration, or its successor agency, as published under §§ 505and 507 of the Federal Food, Drug, and Cosmetic Act. The director shall providefor the distribution of copies of lists of prescription drug products that thedirector deems after evaluation not to be therapeutically equivalent, andrevisions to the lists, among physicians and pharmacists licensed and activelyengaged in practice within the state, and other appropriate individuals, andshall supply a copy to any person on request. The list shall be revised fromtime to time so as to include new pertinent information on approvedprescription drug products, reflecting current information as to standards forquality, safety, effectiveness, and therapeutic equivalence.
(b) Appropriations. The director shall providenecessary space, personnel, and material to carry out the provisions of thissection.
(c) Liability. There shall be no civil liabilityincurred and no cause of action of any nature shall arise against the director,designated agents, or employees, as a result of the listing or omission ofdrugs or pharmaceuticals for product selection.
(d) Annual reports. The director shall make annualreports to the general assembly by February 10 of each year showing a list ofapproved prescription drug products with therapeutic equivalence, and anestimate of the average savings to the general public.
(e) Pharmacists. When a pharmacist dispenses atherapeutically equivalent drug product, there shall be no additional liabilityimposed on the prescriber who authorizes that product selection, or on thepharmacist dispensing the product selection from a physician's oral or writtenorder.
(f) Enforcement provisions. It is made the duty of thedepartment of health, its agents designated by the director of health, and ofall peace officers within the state to enforce all provisions of this sectionand of §§ 5-19.1-19, 5-37-18 – 5-37-18.2, and 21-31-3.
