Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 12D of chapter 112 of the General Laws, as appearing in the 1984 Official Edition, is hereby amended by striking out the second to sixth paragraphs, inclusive, and inserting in place thereof the following five paragraphs:-

Every prescription written in the commonwealth by a practitioner shall be on prescription forms approved by the department containing a signature line for the practitioner's signature. Only by placing his signature on the signature line shall the practitioner validate the prescription.

The prescription form shall contain a space below the signature line in which the practitioner may instruct the pharmacist to dispense a brand name drug product by writing in the practitioner's own handwriting the words "no substitution". Below this space, at the bottom of the prescription form, shall be printed the words: "Interchange is mandated unless the practitioner writes the words no substitution in this space". Where the practitioner has written "no substitution" the pharmacist shall dispense the exact drug product as written by the practitioner. No other form or procedure, including initialing, checking or initialing a box, or pre-printing or stamping a prescription form shall be deemed by the pharmacist to be the equivalent of the practitioner's hand written statement "no substitution".

Except in cases where the practitioner has indicated "no substitution", the pharmacist shall dispense a less expensive, reasonably available, interchangeable drug product as allowed by the most current formulary or supplement thereof. The pharmacist shall also indicate on the label in the following manner the fact of the interchange:

"Interchange (name of exact drug product dispensed)"

In cases where the practitioner has instructed that the pharmacist dispense a brand name drug product, the pharmacist shall dispense the exact drug product as written by such practitioner.

In the event of noncompliance by a pharmacist or a practitioner, the drug purchaser or patient may inform the secretary of the executive office of consumer affairs of such noncompliance. Said secretary shall refer the matter to the board of registration in pharmacy and, where appropriate, to the board of registration in medicine, for appropriate action.

SECTION 2. This act shall take effect as of July first, nineteen hundred and eighty-six.