Dispensation of equivalent products by pharmacists — Consideration as practice of medicine or evidence of negligence; failure of physician to specify specific brand.
The substitution of drugs by a licensed pharmacist under this subchapter shall not constitute the practice of medicine. Nothing in this subchapter shall be construed as authorizing a pharmacist to prescribe any drug or medication. Substitution of drugs made in accordance with § 48-803.02 shall not constitute evidence of negligence or improper pharmacy practice if the substitution was made within reasonable and prudent pharmacy practice or if the prescribed and substituted drugs were generically equivalent drug products drugs [sic] as determined under this chapter. Failure of a licensed physician to specify that a specific brand is necessary for the particular patient shall not constitute evidence of negligence unless the physician had reasonable cause to believe that the health of the patient required the use of that brand and no other.
Annotations
Sept. 10, 1976, D.C. Law 1-81, title III, § 305, 23 DCR 2460 Apr. 7, 1977, D.C. Law 1-114, § 4(b), 23 DCR 8743 Mar. 11, 2010, D.C. Law 18-118, § 2(f), 57 DCR 901 D.C. Law 18-118 rewrote subsec. (a); and, in subsec. (b), substituted “generically equivalent drug products” for “therapeutically equivalent”. Prior to amendment, subsec. (a) read as follows: “(a) The substitution of therapeutically equivalent drugs by a licensed pharmacist under § 48-803.02 shall not constitute the practice of medicine.” 1973 Ed., § 33-835. 1981 Ed., § 33-735.
Sourced from the DC Council Open Law Library (public domain).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.