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My pharmacy gave me a generic wellbutrin without informing me. Is this legal?

8 Answers

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  • 6 years ago

    Not only is it legal, many states have laws in place requiring that the least expensive form of a medication is provided to the patient. Most times this means that the generic version of a med is what will be dispensed- unless of course the MD/ANP/PA has ordered Brand Name Only. However, if the MD has noted "substitution allowed" and you as the patient request the brand name, insurance likely won't pay a benefit and you will be stuck with the higher cost.

  • 6 years ago

    Yes it is perfectly legal. Unless your doctor writes on the prescription that you must have brand name, or unless you tell the pharmacy yourself that you prefer the brand name, the pharmacy can dispense generic. In fact, in most states the law requires that pharmacies dispense generic if one is available, unless there is a reason for them to do otherwise. And no, they do not have to tell you because unless you specifically requested brand, there would be no reason for them to dispense the brand anyway.

    Source(s): Pharmacy student, and have been a technician for 5 years.
  • 6 years ago

    Unless your physician specifies "Brand Name Only" on the prescription, it is perfectly legal. Most pharmacies substitute generics in an effort to save the patient on costs. Unless you are using an insurance plan that requires generic substitution whenever possible, you can request the brand name medication.

    Source(s): 30 years as a physician (OB/GYN)
  • ?
    Lv 6
    6 years ago

    They do have a duty to counsel patients, and that would include informing you of the change and offering you an option to pay for the brand name drug. It is not set in stone as a law, and oftentimes they are so busy that they skip this part if the drug is covered by public assistance or Medicaid since most of those people afford the brand name drug. I myself (when I was in practice) made a point to tell them they had a choice.

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  • 6 years ago

    The prescription pad is generally arranged so that the doctor only signs his name and does not have to specify this. Any generic must contain the same medicine and be up to the same standards as the brand name in the USA. That is the law.

  • ?
    Lv 7
    6 years ago

    Joseph P has it right. In fact, many insurance policies direct the pharmacist to dispense generics unless the doctor demands brand name drugs(in which case you'll wind up paying much more).

  • Gary B
    Lv 7
    6 years ago

    If you doctor specified "generic is ok" on the prescription, it is COMPLETELY legal.

    if your insurance company specified "Generic Coverage Only", then it is legal so long as the pharmacy called the doctor and got the OL from him.

  • Tavy
    Lv 7
    6 years ago

    Same pill it is just not branded. We have them all the time in the UK

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