Title 48 — Foods and Drugs.
21 chapters · 208 sections in this title.
D.C. Code § 48-801.01 List of most commonly used prescription drugs
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Thirty days prior to each issue date, the Department of Human Services shall furnish to the Office of Consumer Protection a list of the 100 most commonly used prescription drugs.
D.C. Code § 48-801.02 Posters to be furnished pharmacies; contents
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Ten days prior to each issue date, the Office of Consumer Protection shall furnish to each pharmacy in the District a poster suitable for display of a type style and size so as to be easily readable at a reasonable distance, which: (1) Lists the 100 most commonly used prescriptio…
D.C. Code § 48-801.03 Completion and display of posters
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On and after each issue date, each pharmacy shall legibly post on the poster its current selling prices for the 100 most commonly used prescription drugs, the professional and convenience services it offers and the additional charges therefor, and the eligibility and terms of any…
D.C. Code § 48-801.04 Quotation of prices, services and charges
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The current selling price of all prescription drugs (including those not required to be posted) dispensed by each pharmacy, and the pharmacy’s discounts and professional and convenience services and charges therefor, shall be available and be quoted, correctly and free of charge,…
D.C. Code § 48-801.05 Services and drugs to be furnished at prices posted; exception
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No pharmacy may fail to provide to any consumer the discounts and services stated on the poster, under the eligibility, price, and other terms there stated. Every sale of one of the 100 most commonly used prescription drugs, in a quantity and strength which requires the price of …
D.C. Code § 48-801.06 Consumer information to reflect actual charges
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A pharmacy may charge any current selling price, discount, service availability or service charge, at any time; provided, that the poster and sources of consumer information are adjusted accordingly.
D.C. Code § 48-802.01 Interference with disclosure of price information prohibited
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No person may directly or indirectly prohibit, hinder or restrict or attempt to prohibit or restrict the disclosure by any pharmacy, government agency, or other person, of accurate price information regarding prescription drugs, including such disclosure made by means of advertis…
D.C. Code § 48-803.01 Generically equivalent drug formulary; therapeutic interchange list
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(a) The formulary of generically equivalent drug products for the District of Columbia shall be the chemical and generic drugs contained in the Food and Drug Administration publication, “Approved Drug Products with Therapeutic Equivalence Evaluations,” including all updates issue…
D.C. Code § 48-803.02 Dispensing of generically equivalent drug products
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(a)(1) When a pharmacist receives a prescription for a brand name drug, the pharmacist may dispense a generically equivalent drug product that is listed in the Orange Book; provided, that the pharmacist shall dispense a generically equivalent drug product if requested by the purc…
D.C. Code § 48-803.03 Dispensing of substitute drug products — conditions
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A pharmacist shall not dispense a: (1) Substitute drug product if the person purchasing the drug product or the patient for whom it is intended indicates a preference for the drug product actually prescribed; (2) Generically equivalent drug product pursuant to § 48-803.02 if: (A)…
D.C. Code § 48-803.03a Dispensing of substitute drug products by pharmacists — notification of substitution
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(a) An individual shall be notified of a drug substitution and provided the right to refuse the substitution prior to purchase of the substitute drug product. (b)(1) The Department of Health shall create and distribute to all pharmacies signs that state in block letters not less …
D.C. Code § 48-803.04 Dispensation of equivalent products by pharmacists — Recording and labeling required
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When a drug is substituted under this subchapter, the pharmacist shall record on the prescription form the drug substituted by name and manufacturer, and retain the form for inspection by District officials. The pharmacist shall also label the prescription container with the name…
D.C. Code § 48-803.05 Dispensation of equivalent products by pharmacists — Consideration as practice of medicine or evidence of negligence; failure of physician to specify specific brand
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(a) The substitution of drugs by a licensed pharmacist under this subchapter shall not constitute the practice of medicine. Nothing in this subchapter shall be construed as authorizing a pharmacist to prescribe any drug or medication. (b) Substitution of drugs made in accordance …
D.C. Code § 48-804.01 Violations of posting provisions
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(a) Any pharmacy which sells a legend drug in violation of § 48-801.03, § 48-801.04, or § 48-801.05 is liable to the buyer, or the provider or insurer of the buyer, for the full amount charged for the drug. (b) Civil fines, penalties, and fees may be imposed as alternative sancti…
D.C. Code § 48-804.02 Restraints of trade
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Any person who, by any means, interferes with, prevents, discourages, or attempts to interfere with, prevent, or discourage: (1) any disclosure of, or attempt to disclose, or action necessary to disclose, substantially accurate prices, discounts, services, or other information co…
D.C. Code § 48-804.03 Inspection of pricing records and practices; cease and desist orders
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After reasonable notice, the Office of Consumer Protection may inspect the pricing records and practices of any pharmacy or other person, to assure compliance with this chapter. After appropriate notice and hearing, the Office may, if it finds that any person has violated this ch…
D.C. Code § 48-804.51 Definitions
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For the purposes of this chapter, the term: (1) “Agent” means an individual who: (A) Is under the immediate and personal supervision of a prescriber or pharmacist and has written authorization, which shall be available for review upon request, to act on behalf of or at the direct…