(a) Unless the prescription indicates that it is to be dispensed only as written, the pharmacist may, with the consent of the patient, substitute an equivalent drug product or interchangeable biological product.

(b) A pharmacist who substitutes an equivalent drug product or interchangeable biological product in compliance with this section and applicable regulations incurs no greater liability in filling the prescription than would be incurred in filling the prescription by dispensing the prescribed name brand product.

(c) Except as provided in (d) of this section, if an interchangeable biological product exists for a biological product prescribed to a patient, the dispensing pharmacist or the pharmacist's designee shall communicate to the prescribing practitioner information regarding the biological product provided to the patient, including the name and manufacturer of the biological product. The communication must be provided within three business days after dispensing the biological product as follows:

(1) by making an entry that is electronically accessible to the prescribing practitioner through

(A) an interoperable electronic medical records system;

(B) an electronic prescribing technology;

(C) a pharmacy benefit management system; or

(D) a pharmacy record; or

(2) if the pharmacist or the pharmacist's designee is unable to make an entry through one of the means provided under (1) of this subsection, by facsimile transmission, telephone communication, electronic mail transmission, or transmission by other prevailing means, to the prescribing practitioner.

(d) The dispensing pharmacist or the pharmacist's designee is not required to communicate information under (c) of this section if the dispensed biological product is a refill of a prescription and is the same as the biological product that was dispensed on the previous filling of the prescription.

(e) Entry into an electronic records system as described under (c)(1) of this section is presumed to provide notice to the prescribing practitioner.

(f) A pharmacist shall maintain a record of a dispensed biological product for a minimum of two years after the date of the dispensing.

(g) In this section, “designee” means an agent or employee of the dispensing pharmacist whom the dispensing pharmacist has authorized to communicate the information required under (c) of this section.