1. Except as otherwise provided in subsections 3 and 4, within 3 business days after dispensing a biological product, the dispensing pharmacist or his or her designee shall make an entry of the specific product provided to the patient that includes, without limitation, the name of the product and its manufacturer. The record must be electronically accessible by the prescribing practitioner through:

(a) An interoperable electronic health records system;

(b) Electronic prescribing technology;

(c) A pharmacy benefit management system; or

(d) A pharmacy record.

2. An electronic record of the dispensing of a biological product made pursuant to subsection 1 is presumed to provide notice to the prescriber of the dispensing of the product.

3. Except as otherwise provided in subsection 4, if an electronic record of the dispensing of a biological product is not made pursuant to subsection 1, the dispensing pharmacist or his or her designee shall, within 3 business days after dispensing the biological product, give notice of the biological product to the prescriber by facsimile, telephone, electronic transmission or other available means.

4. Notice of the dispensing of a biological product pursuant to subsection 1 or 3 is not required if:

(a) There is no interchangeable biological product for the biological product prescribed; or

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

5. As used in this section, “electronic health record” has the meaning ascribed to it in 42 U.S.C. § 17921(5).

(Added to NRS by 2017, 633)