Delaware § 2551 Dispensing and substitution of biological products [Effective June 30, 2026]

Delaware Statutes

§ 2551 — Dispensing and substitution of biological products [Effective June 30, 2026]

Delaware § 2551

Title24

Ch. 25Pharmacy [Effective until June 30, 2026].

Subch.Substitution of Drugs; Emergency Refills [Effective June 30, 2026].

This text of Delaware § 2551 (Dispensing and substitution of biological products [Effective June 30, 2026]) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 24, § 2551 (2026).

Text

(a)A pharmacist may substitute for a prescribed biological product only if:

(1)The practitioner has not expressly prohibited substitution in a manner specified in § 2550 of this title.

(2)The product to be substituted has been designated by the Food and Drug Administration (FDA) as interchangeable with or therapeutically equivalent to the prescribed product.

(3)The pharmacist informs the patient or the patient’s adult representative that an interchangeable biological product has been dispensed.

(4)The pharmacist indicates on the prescription and on the prescription label the name of the manufacturer of the interchangeable biological product substituted unless the practitioner indicates otherwise.

(b)If a biological product is dispensed, the pharmacist or the pharmacist’s designe

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(a) A pharmacist may substitute for a prescribed biological product only if:

(1) The practitioner has not expressly prohibited substitution in a manner specified in § 2550 of this title.

(2) The product to be substituted has been designated by the Food and Drug Administration (FDA) as interchangeable with or therapeutically equivalent to the prescribed product.

(3) The pharmacist informs the patient or the patient’s adult representative that an interchangeable biological product has been dispensed.

(4) The pharmacist indicates on the prescription and on the prescription label the name of the manufacturer of the interchangeable biological product substituted unless the practitioner indicates otherwise.

(b) If a biological product is dispensed, the pharmacist or the pharmacist’s designee shall, within a reasonable time but not to exceed 10 days following dispensing, communicate to the practitioner the name and manufacturer of the biological dispensed, by 1 of the following:

(1) Recording such information in an interoperable electronic health records system shared with the prescribing practitioner, to the extent such a system is in place between a pharmacist and practitioner.

(2) In the case where electronic health records are not in place between a pharmacist and a practitioner, communicating such information to the practitioner using any prevailing means available. No communication is required under this subsection where there is no interchangeable or therapeutically equivalent biological product for the prescribed biological product or where a refill prescription is not changed from the biological product originally dispensed.

(c) The pharmacy must maintain a record of the biological product dispensed as required in § 2532 of this title.

(d) The Board shall maintain a link on its website to the current list of all biological products determined by the U.S. Food and Drug Administration to be interchangeable with a specific biological product.

(e) Hospital pharmacies are exempt from the requirements of subsection (b) of this section.