Prescription of Drugs by Generic Names

When providing medical services to patients whose medical services are paid for, either in part or in whole, by local legislative appropriation, by Federal grant-in-aid or by a combination of both, a pharmacist filling a prescription for a drug prescribed by its trade or brand name may:

(a)Substitute in its place a generic drug with the same

(1)active chemical ingredients,

(2)strength,

(3)quantity, and

(4)dosage form;

(b)A drug prescribed by its trade or brand name shall not be substituted if the prescriber indicates in his own handwriting do not substitute or words of similar meaning. The use of pre-dated signatures shall not prohibit a pharmacist from substituting a drug meeting the requirements of subsection

(a)of this Section. CH. 5 GUAM PROCUREMENT LAW

(c)The use of the substituted drug dispensed shall be indicated on the prescription label unless the prescriber orders otherwise.

(d)Selection pursuant to this Section is within the discretion of the pharmacist, except as provided in subsection

(b)of this Section. The person who selects the drug product to be dispensed pursuant to this Section shall assume the same responsibility for selecting the dispensed drug product as would be incurred in filling a prescription for a drug product prescribed by generic name. There shall be no liability on the prescriber for an act or omission by a pharmacist in selecting, preparing or dispensing a drug product pursuant to this Section.

(e)The pharmacist shall pass on to the purchaser the difference in the acquisition cost between the drug product prescribed and the drug product dispensed, exclusive of the pharmacist’s professional fee. The pharmacist may not charge a higher or different professional fee for the generic drug product dispensed than that charged for the brand name product prescribed.