{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/65.2-603.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/65.2-603.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/65.2-603.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/65.2-603.1.html"}],"law_id":69148,"edition_id":1,"section_id":69148,"structure_id":14804,"section_number":"65.2-603.1","catch_line":"Use of therapeutically equivalent drug products required","history":"2009, cc. 333, 559.","full_text":"A\n\nAs used in this section, “therapeutically equivalent drug products” means drug products that (i) contain the same active ingredients, (ii) are identical in strength or concentration, dosage form, and route of administration, and (iii) are classified as being therapeutically equivalent by the U.S. Food and Drug Administration pursuant to the definition of “therapeutically equivalent drug products” set forth in the most recent edition of Approved Drug Products with Therapeutic Equivalence Evaluations, known as the Orange Book.B\n\nNotwithstanding the provisions of § 54.1-3408.03, and except as provided in subsection C, any pharmacist filling a prescription for medication for a workers’ compensation claimant shall dispense a therapeutically equivalent drug product for the prescribed name-brand drug product. If a therapeutically equivalent drug product does not exist or the usual and customary retail price charged by the pharmacist for the therapeutically equivalent drug product is higher than that of the prescribed name-brand drug product, the pharmacist shall dispense the prescribed name-brand drug product.C\n\nA prescriber may specify on the prescription “brand medically necessary” if there is a medical reason why the claimant should not have the prescription filled with a therapeutically equivalent drug product. A request by the claimant that a name-brand drug product be prescribed shall not constitute a sufficient reason under this section for the prescriber to specify “brand medically necessary” on the prescription. If the prescriber specifies on the prescription “brand medically necessary,” the pharmacist shall fill the prescription with the name-brand drug product prescribed. If the prescriber calls the prescription in to the pharmacy by telephone and verbally tells the pharmacist “brand medically necessary,” the pharmacist shall note on the prescription that the prescriber stated “brand medically necessary” and then fill the prescription with the name-brand drug product prescribed. The cost of any medication prescribed by any authorized treating physician and covered pursuant to this section to treat injuries or diseases that result from a compensable claim shall not be the responsibility of the claimant unless the claimant obtained the prescription through fraud.D\n\nAn act in compliance with the provisions of this section shall not be deemed to be a prohibited act under § 54.1-3457.","order_by":null,"text":{"0":{"id":250222,"text":"As used in this section, “therapeutically equivalent drug products” means drug products that (i) contain the same active ingredients, (ii) are identical in strength or concentration, dosage form, and route of administration, and (iii) are classified as being therapeutically equivalent by the U.S. Food and Drug Administration pursuant to the definition of “therapeutically equivalent drug products” set forth in the most recent edition of Approved Drug Products with Therapeutic Equivalence Evaluations, known as the Orange Book.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":250223,"text":"Notwithstanding the provisions of § 54.1-3408.03, and except as provided in subsection C, any pharmacist filling a prescription for medication for a workers’ compensation claimant shall dispense a therapeutically equivalent drug product for the prescribed name-brand drug product. If a therapeutically equivalent drug product does not exist or the usual and customary retail price charged by the pharmacist for the therapeutically equivalent drug product is higher than that of the prescribed name-brand drug product, the pharmacist shall dispense the prescribed name-brand drug product.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":250224,"text":"A prescriber may specify on the prescription “brand medically necessary” if there is a medical reason why the claimant should not have the prescription filled with a therapeutically equivalent drug product. A request by the claimant that a name-brand drug product be prescribed shall not constitute a sufficient reason under this section for the prescriber to specify “brand medically necessary” on the prescription. If the prescriber specifies on the prescription “brand medically necessary,” the pharmacist shall fill the prescription with the name-brand drug product prescribed. If the prescriber calls the prescription in to the pharmacy by telephone and verbally tells the pharmacist “brand medically necessary,” the pharmacist shall note on the prescription that the prescriber stated “brand medically necessary” and then fill the prescription with the name-brand drug product prescribed. The cost of any medication prescribed by any authorized treating physician and covered pursuant to this section to treat injuries or diseases that result from a compensable claim shall not be the responsibility of the claimant unless the claimant obtained the prescription through fraud.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":250225,"text":"An act in compliance with the provisions of this section shall not be deemed to be a prohibited act under § 54.1-3457.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14804,"edition_id":1,"name":"Notice of Accident; Filing Claims; Medical Attention and Examination","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":13199,"metadata":{},"date_created":"2026-06-26 03:50:02","date_modified":"2026-06-26 03:50:02","permalink":{"id":276527,"object_type":"structure","relational_id":14804,"identifier":"6","token":"65.2\/6","url":"\/65.2\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13199,"edition_id":1,"name":"Workers' Compensation","identifier":"65.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:26","date_modified":"2026-06-26 03:44:26","permalink":{"id":276115,"object_type":"structure","relational_id":13199,"identifier":"65.2","token":"65.2","url":"\/65.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":81142,"structure_id":14804,"section_number":"65.2-600","catch_line":"Notice of accident","url":"\/65.2-600\/","token":"65.2\/6\/65.2-600","metadata":false},{"id":60353,"structure_id":14804,"section_number":"65.2-601","catch_line":"Time for filing claim","url":"\/65.2-601\/","token":"65.2\/6\/65.2-601","metadata":false},{"id":80844,"structure_id":14804,"section_number":"65.2-601.1","catch_line":"Effect of filing claim; stay of debt collection activities by health care providers","url":"\/65.2-601.1\/","token":"65.2\/6\/65.2-601.1","metadata":false},{"id":83079,"structure_id":14804,"section_number":"65.2-601.2","catch_line":"Notice to employee of employer's intent","url":"\/65.2-601.2\/","token":"65.2\/6\/65.2-601.2","metadata":false},{"id":76135,"structure_id":14804,"section_number":"65.2-601.3","catch_line":"Notice of right to dispute claim","url":"\/65.2-601.3\/","token":"65.2\/6\/65.2-601.3","metadata":false},{"id":60208,"structure_id":14804,"section_number":"65.2-602","catch_line":"Tolling of statute of limitations","url":"\/65.2-602\/","token":"65.2\/6\/65.2-602","metadata":false},{"id":82651,"structure_id":14804,"section_number":"65.2-603","catch_line":"Duty to furnish medical attention, etc., and vocational rehabilitation; effect of refusal of employee to accept","url":"\/65.2-603\/","token":"65.2\/6\/65.2-603","metadata":false},{"id":69148,"structure_id":14804,"section_number":"65.2-603.1","catch_line":"Use of therapeutically equivalent drug products required","url":"\/65.2-603.1\/","token":"65.2\/6\/65.2-603.1","metadata":false},{"id":70150,"structure_id":14804,"section_number":"65.2-604","catch_line":"Furnishing copy of medical report","url":"\/65.2-604\/","token":"65.2\/6\/65.2-604","metadata":false},{"id":67541,"structure_id":14804,"section_number":"65.2-605","catch_line":"Liability of employer for medical services ordered by Commission; fee schedules for medical services; malpractice; assistants-at-surgery; coding","url":"\/65.2-605\/","token":"65.2\/6\/65.2-605","metadata":false},{"id":71627,"structure_id":14804,"section_number":"65.2-605.1","catch_line":"Prompt payment; limitation on claims","url":"\/65.2-605.1\/","token":"65.2\/6\/65.2-605.1","metadata":false},{"id":74938,"structure_id":14804,"section_number":"65.2-605.2","catch_line":"Biennial peer-reviewed studies","url":"\/65.2-605.2\/","token":"65.2\/6\/65.2-605.2","metadata":false},{"id":56629,"structure_id":14804,"section_number":"65.2-606","catch_line":"Physicians for medical examination","url":"\/65.2-606\/","token":"65.2\/6\/65.2-606","metadata":false},{"id":71780,"structure_id":14804,"section_number":"65.2-607","catch_line":"Medical examination; physician-patient privilege inapplicable; autopsy","url":"\/65.2-607\/","token":"65.2\/6\/65.2-607","metadata":false}],"previous_section":{"id":82651,"structure_id":14804,"section_number":"65.2-603","catch_line":"Duty to furnish medical attention, etc., and vocational rehabilitation; effect of refusal of employee to accept","url":"\/65.2-603\/","token":"65.2\/6\/65.2-603","metadata":false},"next_section":{"id":70150,"structure_id":14804,"section_number":"65.2-604","catch_line":"Furnishing copy of medical report","url":"\/65.2-604\/","token":"65.2\/6\/65.2-604","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/65.2-603.1\/","history_text":"

This law was first created in 2009. The record of its establishment is cataloged in chapters 333<\/a> and 559<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":81842,"section_number":"54.1-3408.03","catch_line":"Dispensing of therapeutically equivalent drug product permitted","order_by":null,"url":"\/54.1-3408.03\/"},{"id":83286,"section_number":"54.1-3457","catch_line":"Prohibited acts","order_by":null,"url":"\/54.1-3457\/"}],"permalink":{"id":276557,"object_type":"law","relational_id":69148,"identifier":"65.2-603.1","token":"65.2\/6\/65.2-603.1","url":"\/65.2-603.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/65.2-603.1\/","token":"65.2\/6\/65.2-603.1","dublin_core":{"Title":"Use of therapeutically equivalent drug products required","Type":"Text","Format":"text\/html","Identifier":"\u00a7 65.2-603.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section, “therapeutically equivalent drug products<\/span>” means drug products that (i) contain the same active ingredients, (ii) are identical in strength or concentration, dosage form, and route of administration, and (iii) are classified as being therapeutically equivalent by the U.S. Food and Drug Administration pursuant to the definition of “therapeutically equivalent drug products<\/span>” set forth in the most recent edition of Approved Drug Products with Therapeutic Equivalence Evaluations, known as the Orange Book. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding the provisions of § 54.1-3408.03<\/a>, and except as provided in subsection C, any pharmacist filling a prescription for medication for a workers’ compensation claimant shall dispense a therapeutically equivalent drug product for the prescribed name-brand drug product. If a therapeutically equivalent drug product does not exist or the usual and customary retail price charged by the pharmacist for the therapeutically equivalent drug product is higher than that of the prescribed name-brand drug product, the pharmacist shall dispense the prescribed name-brand drug product. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A prescriber may specify on the prescription “brand medically necessary” if there is a medical reason why the claimant should not have the prescription filled with a therapeutically equivalent drug product. A request by the claimant that a name-brand drug product be prescribed shall not constitute a sufficient reason under this section for the prescriber to specify “brand medically necessary” on the prescription. If the prescriber specifies on the prescription “brand medically necessary,” the pharmacist shall fill the prescription with the name-brand drug product prescribed. If the prescriber calls the prescription in to the pharmacy by telephone and verbally tells the pharmacist “brand medically necessary,” the pharmacist shall note on the prescription that the prescriber stated “brand medically necessary” and then fill the prescription with the name-brand drug product prescribed. The cost of any medication prescribed by any authorized treating physician and covered pursuant to this section to treat injuries or diseases that result from a compensable claim shall not be the responsibility of the claimant unless the claimant obtained the prescription through fraud<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> An act in compliance with the provisions of this section shall not be deemed to be a prohibited act under § 54.1-3457<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nUSE OF THERAPEUTICALLY EQUIVALENT DRUG PRODUCTS REQUIRED (\u00a7 65.2-603.1)\n\nA. As used in this section, “therapeutically equivalent drug\nproducts” means drug products that (i) contain the same active\ningredients, (ii) are identical in strength or concentration, dosage form, and\nroute of administration, and (iii) are classified as being therapeutically\nequivalent by the U.S. Food and Drug Administration pursuant to the definition\nof “therapeutically equivalent drug products” set forth in the most\nrecent edition of Approved Drug Products with Therapeutic Equivalence\nEvaluations, known as the Orange Book.\n\nB. Notwithstanding the provisions of § 54.1-3408.03, and except as provided\nin subsection C, any pharmacist filling a prescription for medication for a\nworkers’ compensation claimant shall dispense a therapeutically equivalent\ndrug product for the prescribed name-brand drug product. If a therapeutically\nequivalent drug product does not exist or the usual and customary retail price\ncharged by the pharmacist for the therapeutically equivalent drug product is\nhigher than that of the prescribed name-brand drug product, the pharmacist shall\ndispense the prescribed name-brand drug product.\n\nC. A prescriber may specify on the prescription “brand medically\nnecessary” if there is a medical reason why the claimant should not have\nthe prescription filled with a therapeutically equivalent drug product. A\nrequest by the claimant that a name-brand drug product be prescribed shall not\nconstitute a sufficient reason under this section for the prescriber to specify\n“brand medically necessary” on the prescription. If the prescriber\nspecifies on the prescription “brand medically necessary,” the\npharmacist shall fill the prescription with the name-brand drug product\nprescribed. If the prescriber calls the prescription in to the pharmacy by\ntelephone and verbally tells the pharmacist “brand medically\nnecessary,” the pharmacist shall note on the prescription that the\nprescriber stated “brand medically necessary” and then fill the\nprescription with the name-brand drug product prescribed. The cost of any\nmedication prescribed by any authorized treating physician and covered pursuant\nto this section to treat injuries or diseases that result from a compensable\nclaim shall not be the responsibility of the claimant unless the claimant\nobtained the prescription through fraud.\n\nD. An act in compliance with the provisions of this section shall not be deemed\nto be a prohibited act under § 54.1-3457.\n\nHISTORY: 2009, cc. 333, 559.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}