State Specific Laws on Drug Product Selection
This information is a summary based on the Drug Product Selection Laws Section of the 2012 Survey of Pharmacy Law done by the National Association of Boards of Pharmacy. This only serves as guide/reference, for patients along with their healthcare provides, to understand and navigate the regulations regarding drug substitution, more commonly referred to by many as Dispense as Written (DAW). Please note that Individual state law is subject to change and may allow other ways to indicate no substitution.
This information is a summary based on the Drug Product Selection Laws Section of the 2012 Survey of Pharmacy Law done by the National Association of Boards of Pharmacy. This only serves as guide/reference, for patients along with their healthcare provides, to understand and navigate the regulations regarding drug substitution, more commonly referred to by many as Dispense as Written (DAW). Please note that Individual state law is subject to change and may allow other ways to indicate no substitution.
State | Generic Substitution | How to Prevent Substitution | Patient Consent | |
---|---|---|---|---|
Permissive - State law permits the pharmacists to substitute a generic version of the prescribed drug. | Mandatory - State law mandatorily require the pharmacist to substitute a generic version of the prescribed drug. | Yes - Includes states where consent is required and those that require the patient to be notified/informed of substitution | ||
Alabama | √ | Prescriber must sign the appropriate on signature line of two-line prescription. | Yes | |
Alaska | √ | Prescriber must handwrite “Brand Necessary” | Yes | |
Arizona | √ | Prescriber must expressly indicate that substitution is not allowed | Yes | |
Arkansas | √ | Prescriber must handwrite “Brand Necessary” | Yes | |
California | √ | Prescriber must handwrite or orally state “Do Not Substitute” or similar words or initial the “Do Not Substitute” box | Yes | |
Colorado | √ | Prescriber must handwrite “Dispense as Written” or initial the “Dispense as Written” pre-printed box | Yes | |
Connecticut | √ | Prescriber must handwrite “DAW,” “Dispense as Written,” or “Medically Necessary” | Yes | |
Delaware | √ | Prescriber must handwrite “DAW” or “Dispense as Written” | Yes | |
District of Columbia | √ | Prescriber must expressly indicate that substitution is not allowed | Yes | |
Florida | √ | Prescriber must expressly indicate that substitution is not allowed | Yes | |
Georgia | √ | Prescriber must handwrite “Brand Necessary” or “Brand Medically Necessary” | Yes | |
Guam | √ | Prescriber/Licensed Practitioner must handwrite "No Substitution" or "No sub" | No, Patient may request the brand name to be dispensed, but prescriber must authorize generic | |
Hawaii | √ | Prescriber must handwrite “brand necessary” or “brand medically necessary” | Yes | |
Idaho | √ | Prescriber must mark “May not substitute” or check brand only box | Yes | |
Illinois | √ | Prescriber must mark “May not substitute” | No, Except for anti-epileptic drugs | |
Indiana | √ | Prescriber must sign the appropriate on signature line of two-line prescription. | Yes, patient must be informed/notified | |
Iowa | √ | Prescriber must expressly indicate that substitution is not allowed | Yes | |
Kansas | √ | Prescriber must sign the appropriate on signature line of two-line prescription or must expressly indicate that substitution is not allowed | Yes, patient must be informed/notified | |
Kentucky | √ | Prescriber must handwrite “Brand Medically Necessary” (Medicaid) or expressly indicate that substitution is not allowed or “Do Not Substitute” | Yes | |
Louisiana | √ | Prescriber must check box on prescription | Yes | |
Maine | √ | Prescriber must expressly indicate that substitution is not allowed or check box on prescription | Yes | |
Maryland | √ | Prescriber must handwrite “Brand Medically Necessary” (Medicaid), or expressly indicate that substitution is not allowed | Yes | |
Massachusetts | √ | Prescriber must indicate “No Substitution” | No | |
Michigan | √ | Prescriber must handwrite “DAW” or “Dispense as Written” | No | |
Minnesota | √ | Prescriber must handwrite “DAW” or “Dispense as Written” | Yes | |
Mississippi | √ | Prescriber must sign the appropriate on signature line of two-line prescription. | Yes | |
Missouri | √ | Prescriber must sign the appropriate on signature line of two-line prescription. | Yes | |
Montana | √ | Prescriber must handwrite “Brand Name Medically Necessary,” or printed if electronically generated. | Yes | |
Nebraska | √ | Prescriber must expressly indicate that substitution is not allowed | Yes | |
Nevada | √ | Prescriber must handwrite “Dispense as Written” | No | |
New Hampshire | √ | Prescriber must handwrite, orally state, or include on the face of electronically transmitted prescription, “medically necessary” | Yes | |
New Jersey | √ | Prescriber must sign the appropriate on signature line of two-line prescription. | No | |
New Mexico | √ | Prescriber must handwrite “No Substitution” or “No Sub.” | No | |
New York | √ | Prescriber must handwrite “Brand Medically Necessary” (Medicaid) or indicate "DAW or “Dispense as Written” in the designated box | Yes | |
North Carolina | √ | Prescriber must sign the appropriate on signature line of two-line prescription or expressly indicate that substitution is not allowed | Yes, For narrow therapeutic drugs only | |
North Dakota | √ | Prescriber must handwrite “Brand Medically Necessary” | Yes | |
Ohio | √ | Prescriber must handwrite “DAW” or “Dispense as Written | Yes | |
Oklahoma | - | - | Unlawful for pharmacists to substitute without the authority of prescriber or purchaser | Unlawful for pharmacists to substitute without authority of prescriber or purchaser |
Oregon | √ | Prescriber may specify in writing, telephone communication or by electronic transmission that there shall be no substitution | No | |
Pennsylvania | √ | Prescriber must handwrite “Brand Necessary” or “Brand Medically Necessary” | Yes | |
Puerto Rico | √ | Prescriber must handwrite “Do not interchange” | Yes | |
Rhode Island | √ | Prescriber must handwrite “Brand Necessary” or “Brand Medically Necessary” or patient may request, in writing, that the brand name be dispensed | No | |
South Carolina | √ | Prescriber must sign the appropriate on signature line of two-line prescription. | Yes | |
South Dakota | √ | Prescriber must handwrite “Brand Necessary” | Yes | |
Tennessee | √ | Prescriber must handwrite “Brand name medically necessary,” “dispense as written,” “medically necessary,” “brand name,” “no generic,” or any abbreviation of this language or circle preprinted “dispense as written” | No | |
Texas | √ | Prescriber must handwrite “Brand Necessary” or “brand medically necessary” | Yes | |
Utah | √ | Prescriber must expressly indicate that substitution is not allowed or check pre-printed “Do Not Substitute” box | Yes | |
Vermont | √ | Prescriber must handwrite “brand necessary,” “no substitution,” "dispense as written" or "DAW" plus a statement that the generic equivalent has not been effective or is reasonably certain it will not be effective or is reasonably certain to cause adverse reactions | Yes | |
Virginia | √ | Prescriber must handwrite “Brand Medically Necessary” | Yes | |
Washington | √ | Prescriber must sign the appropriate on signature line of two-line prescription. | No, Patient may request the brand name to be dispensed, but prescriber must authorize generic | |
West Virginia | √ | Prescriber must expressly indicate that substitution is not allowed or handwrite “Medically Necessary,” "brand necessary," or "brand medically necessary" | Yes | |
Wisconsin | √ | Prescriber must expressly indicate that substitution is not allowed | Yes | |
Wyoming | √ | Prescriber must expressly indicate that substitution is not allowed | No |
References
National Association of Boards of Pharmacy. Survey of Pharmacy Law—2012. Mount Prospect, IL: National Association of Boards of Pharmacy; 2011.
Wockhardt USA (2010), State-Specific Regulations for Writing Dispense as Written (DAW).