                                 CODE OF VIRGINIA

USE OF THERAPEUTICALLY EQUIVALENT DRUG PRODUCTS REQUIRED (§ 65.2-603.1)

A. As used in this section, &#8220;therapeutically equivalent drug
products&#8221; 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 &#8220;therapeutically equivalent drug products&#8221; set forth in the most
recent edition of Approved Drug Products with Therapeutic Equivalence
Evaluations, known as the Orange Book.

B. Notwithstanding the provisions of &#xA7; 54.1-3408.03, and except as provided
in subsection C, any pharmacist filling a prescription for medication for a
workers&#8217; 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. A prescriber may specify on the prescription &#8220;brand medically
necessary&#8221; 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
&#8220;brand medically necessary&#8221; on the prescription. If the prescriber
specifies on the prescription &#8220;brand medically necessary,&#8221; 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 &#8220;brand medically
necessary,&#8221; the pharmacist shall note on the prescription that the
prescriber stated &#8220;brand medically necessary&#8221; 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. An act in compliance with the provisions of this section shall not be deemed
to be a prohibited act under &#xA7; 54.1-3457.

HISTORY: 2009, cc. 333, 559.