Section Ph 704.06 - Drug Product Selection(a) Unless instructed otherwise by the person receiving the drug pursuant to the prescription, a pharmacist filling a prescription for a drug product prescribed by its trade or brand name may select a therapeutically equivalent drug product with the same established name, active ingredient, strength, quantity and dosage form as the drug product identified in the prescription.(b) Therapeutically equivalent drugs shall include only those drug products listed in "Approved Prescription Drug Products with Therapeutic Equivalence Evaluations" Published by the United States Department of Health and Human Services, according to RSA 146-B:2, I, or any written notification or confirmation from the federal Food and Drug Administration (FDA) that a drug product is a therapeutically equivalent drug product.(c) The pharmacist shall not select an equivalent drug product:(1) If the prescriber handwrites "medically necessary" on the written prescription;(2) If when ordering a prescription orally, the prescriber specifies that the prescribed drug is medically necessary; or(3) If the prescription is electronically transmitted, the prescriber includes a statement on the face of the prescription indicating medically necessary.(d) The pharmacist shall not select an equivalent drug product unless its price to the purchaser is less than the price of the prescribed drug product.(e) Unless the prescriber instructs otherwise, the label for every drug product dispensed shall include the product's trade or brand name, if any, or its established generic name and the name of the manufacturer, packer or distributor, using abbreviations such as the National Drug Code (NDC) number if necessary. In the interest of public health and safety, the pharmacist may, when dispensing a generic drug, include the brand name on the prescription label following the generic name. The brand name, however, shall be preceded or followed with the word "sub", indicating substituted for, or "I.C.", indicating interchanged for or "generic for".(f) The pharmacy file copy or computer record of every dispensing of a prescription shall include the trade or brand name, the name of the manufacturer, and the packer or distributor of the drug product dispensed.N.H. Admin. Code § Ph 704.06
#1639, eff 11-1-80; ss by #2260, eff 1-5-83; ss by #2914, eff 11-27-84; ss by #4600, eff 8-1-89; ss by #6094-B, INTERIM, eff 9-21-95, EXPIRED, 1-19-96
New. #6181-B, eff 2-5-96, EXPIRED: 2-5-04
New. #8316, eff 3-26-05; amd by #8572, eff 2-23-06
Amended by Volume XXXV, Number 32 Filed August 13, 2015, Proposed by #10903, Effective 8/5/2015, Expires8/5/2025.