Guam § 5271 - Prescription of Drugs by Generic Names.

§ 5271. Prescription of Drugs by Generic Names.

When providing medical services to patients whose medical services are paid for, either in part or in

whole, by local legislative appropriation, by Federal grant-in-aid or by a combination of both, a pharmacist

filling a prescription for a drug prescribed by its trade or brand name may:

(a) Substitute in its place a generic drug with the same (1) active chemical ingredients, (2)

strength, (3) quantity, and (4) dosage form;

(b) A drug prescribed by its trade or brand name shall not be substituted if the prescriber indicates

in his own handwriting do not substitute or words of similar meaning. The use of pre-dated signatures

shall not prohibit a pharmacist from substituting a drug meeting the requirements of subsection (a) of

this Section.

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(c) The use of the substituted drug dispensed shall be indicated on the prescription label unless

the prescriber orders otherwise.

(d) Selection pursuant to this Section is within the discretion of the pharmacist, except as provided

in subsection (b) of this Section. The person who selects the drug product to be dispensed pursuant to

this Section shall assume the same responsibility for selecting the dispensed drug product as would be

incurred in filling a prescription for a drug product prescribed by generic name. There shall be no

liability on the prescriber for an act or omission by a pharmacist in selecting, preparing or dispensing

a drug product pursuant to this Section.

(e) The pharmacist shall pass on to the purchaser the difference in the acquisition cost between

the drug product prescribed and the drug product dispensed, exclusive of the pharmacist’s professional

fee. The pharmacist may not charge a higher or different professional fee for the generic drug product

dispensed than that charged for the brand name product prescribed.