54-1769. COMMUNICATION REGARDING BIOLOGICAL PRODUCTS. [EFFECTIVE UNTIL JULY 1, 2026] (1) A pharmacist who dispenses a biological product according to board rule shall communicate to the prescriber the name and manufacturer of the drug within five (5) business days following the dispensing of the biological product. Communication shall occur via an entry in an interoperable electronic medical records system, an electronic prescribing technology, a pharmacy benefit management system or a pharmacy record that can be accessed electronically by the prescriber. Entry into an electronic records system as described in this subsection shall be considered notice to the prescriber. Otherwise, the pharmacist shall communicate the biological product dispensed to the prescriber using facsimile, telephone, electronic transmission or other prevailing means, provided that the communication shall not be required when:
(a) There is no interchangeable biological product approved by the federal food and drug administration for the product prescribed;
(b) A refill prescription is not changed from the product dispensed on the prior filling of the prescription; or
(c) The pharmacist or the pharmacist’s designee has already communicated to the prescriber the specific product to be provided to the patient, including the name and manufacturer of the product, prior to dispensing; and that product is the product that is actually dispensed.
(2) Nothing in this section shall delay the dispensing of a valid prescription for a biological product.
(3) For purposes of this section:
(a) "Biological product" shall have the same meaning as in 42 U.S.C. 262(i).
(b) "Interchangeable biological product" means a biological product that the federal food and drug administration has licensed and determined meets the standards for interchangeability set forth in 42 U.S.C. 262(k)(4) or has been deemed therapeutically equivalent by the federal food and drug administration in the latest edition of or supplement to the publication "Approved Drug Products with Therapeutic Equivalence Evaluations."
History:
[54-1769, added 2016, ch. 197, sec. 1, p. 553.]
Structure Idaho Code
Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES
Section 54-1701 - SHORT TITLE.
Section 54-1702 - LEGISLATIVE DECLARATION.
Section 54-1703 - STATEMENT OF PURPOSE.
Section 54-1705 - DEFINITIONS.
Section 54-1706 - STATE BOARD OF PHARMACY ESTABLISHED.
Section 54-1708 - QUALIFICATIONS OF BOARD MEMBERS.
Section 54-1709 - APPOINTMENT OF BOARD MEMBERS — NOTICE OF VACANCY — NOMINEES.
Section 54-1710 - TERMS OF OFFICE.
Section 54-1712 - REMOVAL OF BOARD MEMBERS.
Section 54-1713 - ORGANIZATION OF THE BOARD.
Section 54-1714 - COMPENSATION OF BOARD MEMBERS.
Section 54-1715 - MEETINGS OF THE BOARD.
Section 54-1718 - LICENSURE AND DISCIPLINE.
Section 54-1719 - MEDICATIONS — DRUGS — DEVICES — OTHER MATERIALS.
Section 54-1720 - OTHER DUTIES — POWERS — AUTHORITY.
Section 54-1721 - UNLAWFUL PRACTICE.
Section 54-1722 - QUALIFICATIONS FOR LICENSURE BY EXAMINATION.
Section 54-1723 - QUALIFICATIONS FOR LICENSURE BY RECIPROCITY.
Section 54-1723A - CERTIFICATE TO ENGAGE IN THE PRACTICE OF PHARMACY INTO IDAHO.
Section 54-1723B - MULTISTATE PRACTICE OF PHARMACY.
Section 54-1725 - CONTINUING PHARMACY EDUCATION.
Section 54-1726 - GROUNDS FOR DISCIPLINE.
Section 54-1727 - CONFIDENTIALITY OF PRESCRIPTIONS AND PATIENT INFORMATION.
Section 54-1728 - PENALTIES AND REINSTATEMENT INTERVALS.
Section 54-1729 - REGISTRATION AND LICENSURE OF FACILITIES.
Section 54-1729A - WHOLESALE DRUG DISTRIBUTOR — LICENSURE.
Section 54-1730 - DRUG OUTLET APPLICATION PROCEDURES.
Section 54-1731 - NOTIFICATIONS.
Section 54-1732 - VIOLATIONS AND PENALTIES.
Section 54-1733 - VALIDITY OF PRESCRIPTION DRUG ORDERS.
Section 54-1733A - TRANSMISSION OF PRESCRIPTION DRUG ORDERS.
Section 54-1733B - OPIOID ANTAGONISTS.
Section 54-1733D - EPINEPHRINE AUTO-INJECTORS — PRESCRIPTION AND ADMINISTRATION.
Section 54-1736 - DECLARATION OF COMMON NUISANCE.
Section 54-1737 - BURDEN OF PROOF.
Section 54-1737A - RESTRICTIONS ON TRANSACTIONS.
Section 54-1738 - PROOF THAT A DRUG IS A PRESCRIPTION DRUG OR LEGEND DRUG.
Section 54-1739 - PROSPECTIVE DRUG REVIEW AND COUNSELING.
Section 54-1760 - SHORT TITLE.
Section 54-1762 - LEGEND DRUG DONATION.
Section 54-1762A - DRUG DONATION FOR ANIMALS.
Section 54-1764 - IMMUNITY FROM LIABILITY.
Section 54-1769 - COMMUNICATION REGARDING BIOLOGICAL PRODUCTS.