Sec. 10. (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) the words “Brand Medically Necessary” or words of similar meaning are:

(A) written in the practitioner‘s own writing on the form; or

(B) electronically transmitted with an electronically transmitted prescription; or

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

(A) orally stating that a substitution is not permitted; or

(B) for an electronically transmitted prescription, indicating with the electronic prescription that a substitution is not permitted.

     (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.

     (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.