ND SB2122

Amends North Dakota Century Code section 19-02.1-14.1 to extend "brand medically necessary" requirements to electronic prescriptions, requiring prescribers to take specific overt action in their electronic system to include this language.

Requires a reminder legend stating "In order to require that a brand name product be dispensed, the practitioner must handwrite the words 'brand medically necessary'" to appear on prescription forms or prescriber computer screens in at least six-point uppercase print or font.

Permits pharmacists to dispense therapeutically equivalent generic drugs unless the prescriber indicates "brand medically necessary" in their own handwriting (for written prescriptions) or through specific electronic action (for electronic prescriptions).

Applies same "brand medically necessary" requirements to prescriptions with maximum allowable cost programs under federal Medicaid (Title XIX of Social Security Act).

Allows patients to request brand name drugs when practitioner has not instructed otherwise, but patient must pay the price difference between brand and generic equivalents.