(a) As used in this section, unless the context otherwise requires:
(1) “Anti-epileptic drug” means:
(A) Any drug prescribed for the treatment of epilepsy; or
(B) A drug used to treat or prevent seizures;
(2) “Epilepsy” means a neurological condition characterized by recurrent seizures;
(3) “Interchange” means the dispensing of one (1) manufacturer of an anti-epileptic drug for a different manufacturer of an anti-epileptic drug for which the patient is currently receiving therapy. This includes the substitution of a generic version for a brand version, a brand version for a generic version, or a generic version for a generic version by a different manufacturer; and
(4) “Seizure” means a brief disturbance in electrical activity of the brain.
(b) A pharmacist, pharmacy intern or pharmacy technician shall provide notification to the patient, a family member, other relative, or a close personal friend of the individual or any other person identified by the patient before interchanging one manufacturer of an anti-epileptic drug for another manufacturer of an anti-epileptic drug in instances where the patient's epilepsy or seizures are currently being controlled on a specific drug, strength, dosage form, and dosing regimen from a specific manufacturer. The prescriber of the medication shall also be notified prior to the interchange.
(c) This section shall not apply to prescriptions dispensed for inpatients of a hospital, nursing home or assisted care living facility as defined in § 68-11-201, or inpatients or residents of a mental health hospital or residential facility licensed under title 33.
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