TITLE 5
Businesses and Professions

CHAPTER 5-19.1
Pharmacies

SECTION 5-19.1-19.1


§ 5-19.1-19.1 Pharmacists – Substitution of biological products.

(a) Pharmacists when dispensing a prescription for any biological product shall, unless requested otherwise by the individual presenting the prescription in writing, substitute such product with an interchangeable biological product in accordance with the provisions of § 21-31-16.1(g). No substitution under this section shall be allowed if the prescribing physician orders the pharmacist to dispense as brand-name necessary on the prescription form, or if the prescriber gives oral direction to that effect to the dispensing pharmacist. The requirements of this section shall not apply to an order to dispense a biological product for immediate administration to a licensed hospital, nursing facility, or hospice facility in-patient. The pharmacist will make a biological product selection from approved interchangeable prescription biological products in accordance with § 21-31-16.1(g). When a biological product selection is made, the pharmacist shall inform the patient of the selection made and shall indicate the product dispensed on the written prescription or on the oral prescription, which has been reduced to writing, or product information may be maintained on a computerized system if information is readily retrievable.

(b) Within five (5) business days following the dispensing of a biological product, the dispensing pharmacist, or the pharmacist's designee, shall communicate to the prescriber the specific product provided to the patient, including the name of the product and the manufacturer.

(c) The communication shall be conveyed by making an entry electronically accessible to the prescriber through:

(1) An interoperable, electronic medical-records system;

(2) An electronic prescribing technology;

(3) A pharmacy benefit management system; or

(4) A pharmacy record.

(d) Entry into an electronic records system as described in this subsection is presumed to provide notice to the prescriber. Otherwise, the pharmacist shall communicate the biological product dispensed to the prescriber using facsimile, telephone, electronic transmission, or other prevailing means; provided that the communication shall not be required where:

(1) There is no interchangeable biological product for the product prescribed approved by the United States Food and Drug Administration; or

(2) A refill prescription is not changed from the product dispensed on the prior filling of the prescription.

History of Section.
(P.L. 2016, ch. 178, § 2; P.L. 2016, ch. 193, § 2.)