Medicines and Related Substances Control Act, 1965 (Act No. 101 of 1965)22F. Generic substitution |
| (1) | Subject to subsections (2), (3) and (4), a pharmacist or a person licensed in terms of section 22C(1)(a) shall— |
[Words preceding section 22F(1)(a) substituted by section 7(a) of Act No. 59 of 2002]
| (a) | inform all members of the public who visit the pharmacy or any other place where dispensing takes place, as the case may be, with a prescription for dispensing, of the benefits of the substitution for a branded medicine by an interchangeable multi-source medicine, and shall, in the case of a substitution, take reasonable steps to inform the person who prescribed the medicine of such substitution; and |
[Section 22F(1)(a) substituted by section 7(b) of Act No. 59 of 2002]
| (b) | dispense an interchangeable multi-source medicine instead of the medicine prescribed by a medical practitioner, dentist, practitioner, nurse or other person registered under the Health Professions Act, 1974, unless expressly forbidden by the patient to do so. |
| (2) | If a pharmacist is forbidden as contemplated in subsection (1)(b), that fact shall be noted by the pharmacist on the prescription. |
| (3) | When an interchangeable multi-source medicine is dispensed by a pharmacist he or she shall note the brand name or where no such brand name exists, the name of the manufacturer of that interchangeable multi-source medicine in the prescription book. |
| (4) | A pharmacist shall not sell an interchangeable multi-source medicine— |
| (a) | if the person prescribing the medicine has written in his or her own hand on the prescription the words 'no substitution' next to the item prescribed; |
| (b) | if the retail price of the interchangeable multi-source medicine is higher than that of the prescribed medicine; or |
| (c) | where the product has been declared not substitutable by the Authority. |
[Section 22F(4)(c) substituted by section 27 of Notice No. 434, GG 32148, dated 21 April 2009]
[Section 22F inserted by section 14 of Act No. 90 of 1997]