CHAPTER 311

FORMERLY

HOUSE BILL NO. 522

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE REGARDING SUBSTITUTION OF DRUGS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend § 2553(c), Title 24 of the Delaware Code by deleting the subsection and substituting in lieu thereof the following:

"(c) Prescription form. Every prescription written in this State by a person authorized to prescribe drugs and licensed in Delaware shall be on a prescription form containing a line for the prescriber's signature. Alongside or beneath the line shall be clearly printed the words, 'Substitution Permitted'. Beneath the signature line shall be clearly printed the statement, 'In order for a brand name product to be dispensed, the prescriber must hand write 'Brand Necessary' or 'Brand Medically Necessary' in the space below'. Beneath the statement shall be a second line to accommodate the above-mentioned wording. Prescription forms containing the appropriate signature line and statement shall be used by every prescriber of prescription drugs. Nothing in this legislation is intended to mandate generic substitution.".

Section 2. This Act shall take effect on January 1, 2003.

Approved June 20, 2002