§ 33-24-149 — Drug substitution procedures

(a) A pharmacist who receives a prescription for a brand
name prescription drug may dispense any interchangeable
biological product or generically equivalent drug of the brand
name prescription drug prescribed, unless the prescribing
practitioner has clearly indicated substitution is not
permitted.
(b) If a practitioner prescribes a prescription drug by
its generic name or by the nonproprietary name of an
interchangeable biological product, the pharmacist may dispense
the generically equivalent drug or the interchangeable
biological product as defined in this act.
(c) Except as provided in subsection (e) of this section,
when a pharmacist dispenses an interchangeable biological
product or generically equivalent drug as authorized by this
act, he shall label the prescription container with the name of
the dispensed biological product or drug. If the dispensed drug
or product does not have a brand name, the prescription label
shall indicate the generic name of the drug dispensed or the
nonproprietary name of the interchangeable biological product
dispensed.
(d) The national drug code number or the name of the
manufacturer or distributor of the interchangeable biological
product or generically equivalent drug dispensed shall be noted
on the prescription record or entry by the pharmacist.
(e) A prescription dispensed by a pharmacist shall bear
upon the label the name of the medication in the container
except if the practitioner orders "do not label", or words of
similar import, on the prescription or so designates in an oral
or electronic transmission of the prescription.
(f) Except as otherwise provided in subsections (g) and
(j) of this section, not later than five (5) business days after
dispensing a biological product, the dispensing pharmacist or
the pharmacist's designee shall make an entry of the specific
product dispensed to the patient, including the name and
manufacturer of the product. The entry shall be electronically
accessible to the practitioner through one (1) of the following
electronic records systems:
(i) An interoperable electronic medical records
system;
(ii) Electronic prescribing technology;
(iii) A pharmacy benefit management system; or
(iv) A pharmacy record.
(g) Except as otherwise provided in subsection (j) of this
section, if an electronic records system under subsection (f) of
this section is not available, the dispensing pharmacist shall,
not later than five (5) business days after dispensing a
biological product, communicate to the practitioner the specific
product dispensed to the patient, including the name and
manufacturer of the product, using facsimile, telephone,
electronic transmission or any other prevailing means of
communication.
(h) An entry made into an electronic records system under
subsection (f) of this section or a communication made under
subsection (g) of this section shall establish a presumption
that the practitioner received notice of the biological product
dispensed to the patient.
(j) The requirements of subsections (f) and (g) of this
section shall not apply if:
(i) There is no interchangeable biological product
for the product prescribed by the practitioner; or
(ii) A prescription for a refill is not changed from
the product dispensed on the prior filling of the prescription.
(k) The dispensing pharmacist shall notify a patient of
the biological product which was dispensed, which may be carried
out through the prescription label required pursuant subsection
(c) of this section.