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In North Carolina, the law is that a generic is dispensed unless the client requests otherwise.
I live in NY in a town bordering NJ and see doctors in both states. On prescriptions from both states, unless the doctor specifically indicates the patient is to receive name brand (by writing "daw" - dispense as written - and signing next to it in NY/signing his name a second time in a specified box in NJ), the patient has no choice but to receive generics. I recently asked a pharmacist what the price difference would be for Lortab vs. generic hydrocodone and was told it didn't matter as by law he was required to fill the script generically. This makes absolutely no sense to me. In the future when I know I'll be written a certain prescription I'll have to check pricing beforehand so I know whether to request that my doctor write the script to allow brand name.