54-1769. COMMUNICATION REGARDING BIOLOGICAL PRODUCTS. [EFFECTIVE UNTIL JULY 1, 2026] (1) A pharmacist who dispenses a biological product according to board rule shall communicate to the prescriber the name and manufacturer of the drug within five (5) business days following the dispensing of the biological product. Communication shall occur via an entry in an interoperable electronic medical records system, an electronic prescribing technology, a pharmacy benefit management system or a pharmacy record that can be accessed electronically by the prescriber. Entry into an electronic records system as described in this subsection shall be considered 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 when:
(a) There is no interchangeable biological product approved by the federal food and drug administration for the product prescribed;
(b) A refill prescription is not changed from the product dispensed on the prior filling of the prescription; or
(c) The pharmacist or the pharmacist’s designee has already communicated to the prescriber the specific product to be provided to the patient, including the name and manufacturer of the product, prior to dispensing; and that product is the product that is actually dispensed.
(2) Nothing in this section shall delay the dispensing of a valid prescription for a biological product.
(3) For purposes of this section:
(a) "Biological product" shall have the same meaning as in 42 U.S.C. 262(i).
(b) "Interchangeable biological product" means a biological product that the federal food and drug administration has licensed and determined meets the standards for interchangeability set forth in 42 U.S.C. 262(k)(4) or has been deemed therapeutically equivalent by the federal food and drug administration in the latest edition of or supplement to the publication "Approved Drug Products with Therapeutic Equivalence Evaluations."
History:
[54-1769, added 2016, ch. 197, sec. 1, p. 553.]
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.