Current through Register Vol. XLI, No. 25, June 21, 2024
Section 15-17-4 - Patient Notification4.1. Substitution notification. Before delivery of a prescription for an interchangeable biological product, a pharmacist must personally, or through his or her agent or employee inform the patient or the patient's agent that a less expensive interchangeable biological product is available for the brand prescribed; and ask the patient or the patient's agent to choose between the interchangeable biological product and the brand prescribed.4.2. Exceptions. A pharmacy is not required to comply with the provisions of subsection 4.1. of this section: 4.2.1. in the case of the refill of a prescription for which the pharmacy previously complied with subsection 4.1. of this section with regard to the same patient or patient's agent; or4.2.2. if the patient's physician or physician's agent advises the pharmacy that: 4.2.2.a. the physician has informed the patient or the patient's agent that a less expensive interchangeable biological product is available for the brand prescribed; and4.2.2.b. the patient or the patient's agent has chosen either the brand prescribed or the less interchangeable biological product.4.3. Notification by pharmacies delivering prescriptions by mail. 4.3.1. A pharmacy that supplies a prescription by mail is considered to have complied with the provision of subsection 4.1. of this section if the pharmacy includes on the prescription order form completed by the patient or the patient's agent language that clearly and conspicuously:4.3.1.a. states that if a less expensive generically equivalent drug or interchangeable biological product is available for the brand prescribed, the patient or the patient's agent may choose between the generically equivalent drug or interchangeable biological product and the brand prescribed; and4.3.1.b. allows the patient or the patient's agent to indicate the choice of the generically equivalent drug or interchangeable biological product or the brand prescribed.4.3.2. If the patient or patient's agent fails to indicate otherwise to a pharmacy on the prescription order form under 4.1.a. of this subsection, the pharmacy may dispense an interchangeable biological product.