Pharmacies, including mail-order pharmacies, may substitute generically equivalent drug products for all legend and non-legend prescriptions unless the prescribing practitioner handwrites "medically necessary" on each paper prescription, or uses electronic indications when transmitted electronically, or gives instructions when transmitted orally that the brand name drug product is medically necessary. In this section, "drug product" does not include a biological product.
N.H. Rev. Stat. Ann. § 318:47-d
Pharmacies; Substituting Generic Drugs
Applied in 2 court decisions — leading case IMS Health Inc. v. Ayotte (2008)
Most recently applied in IMS Health Inc. v. Ayotte (November 2008)
Source. 2002, 123:1. 2008, 23:1, eff
Official source: New Hampshire General Court. Reproduced from public-domain New Hampshire statutes; confirm against the official source for the current text. Not legal advice.