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.