Iowa Code 155A.32 – Drug product selection — restrictions
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1. a. If an authorized prescriber prescribes, in writing, electronically, by facsimile, or orally, a drug by its brand or trade name, the pharmacist may exercise professional judgment in the economic interest of the patient by selecting a drug product with the same generic name and demonstrated bioavailability as the drug product prescribed for dispensing and sale to the patient. If the cost of the prescription or any part of it will be paid by expenditure of public funds authorized under chapter 249A, the pharmacist shall exercise professional judgment by selecting a drug product with the same generic name and demonstrated bioavailability as the drug product prescribed for dispensing and sale.
b. If an authorized prescriber prescribes a biological product, the pharmacist may exercise professional judgment in the economic interest of the patient by selecting a biological product that is an interchangeable biological product for the biological product prescribed for dispensing and sale to the patient. If the cost of the prescription or any part of it will be paid by expenditure of public funds authorized under chapter 249A, the pharmacist shall exercise professional judgment by selecting a biological product that is an interchangeable biological product for the biological product prescribed for dispensing and sale.
Terms Used In Iowa Code 155A.32
- Authorized agent: means an individual designated by a practitioner who is under the supervision of the practitioner and for whom the practitioner assumes legal responsibility. See Iowa Code 155A.3
- Biological product: means the same as defined in 42 U. See Iowa Code 155A.3
- Demonstrated bioavailability: means the rate and extent of absorption of a drug or drug ingredient from a specified dosage form, as reflected by the time-concentration curve of the drug or drug ingredient in the systemic circulation. See Iowa Code 155A.3
- drug: means a drug, as classified by the United States food and drug administration, that is required by the United States food and drug administration to be prescribed or administered to a patient by a practitioner prior to dispensation. See Iowa Code 155A.3
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Generic name: means the official title of a drug or drug ingredient published in the current official United States Pharmacopoeia and National Formulary, official Homeopathic Pharmacopoeia, or other drug compendium published by the United States pharmacopoeial convention or any supplement to any of them. See Iowa Code 155A.3
- Interchangeable biological product: means either of the following:a. See Iowa Code 155A.3
- Manufacturer: means manufacturer as defined by the federal Drug Supply Chain Security Act, 21 U. See Iowa Code 155A.3
- Person: means a natural person. See Iowa Code 154A.1
- Pharmacist: means a person licensed by the board to practice pharmacy. See Iowa Code 155A.3
- Pharmacy: means a location where prescription drugs are compounded, dispensed, or sold by a pharmacist and where prescription drug orders are received or processed in accordance with the pharmacy laws. See Iowa Code 155A.3
- Product: means the same as defined in 21 U. See Iowa Code 155A.3
- trade name: means the registered trademark name given to a drug product or ingredient by its manufacturer, labeler, or distributor. See Iowa Code 155A.3
2. The pharmacist shall not exercise the drug or biological product selection described in this section if any of the following is true:a. The prescriber specifically indicates that no drug or biological product selection shall be made.b. The person presenting the prescription indicates that only the specific drug product prescribed should be dispensed. However, this paragraph does not apply if the cost of the prescription or any part of it will be paid by expenditure of public funds authorized under chapter 249A.3. If selection of a generically equivalent drug product or an interchangeable biological product is made under this section, the pharmacist making the selection shall inform the patient and note that fact and the name of the manufacturer of the selected drug on the prescription presented by the patient or the patient’s adult representative or transmitted by the prescriber or the prescriber’s authorized agent.4. a. Within five business days following the dispensing of a biological product, the dispensing pharmacist or the pharmacist’s designee shall make an entry of the specific biological product provided to the patient, including the name of the biological product and the manufacturer. The entry shall be electronically accessible to the prescriber through one of the following means:(1) An interoperable electronic medical records system.(2) An electronic prescribing technology.(3) A pharmacy benefit management system.(4) A pharmacy record.b. An entry into an electronic records system as described in this subsection is presumed to provide notice to the prescriber. If the entry is not made electronically, the pharmacist shall communicate the name and manufacturer of the biological product dispensed to the prescriber using facsimile, telephone, electronic transmission, or other prevailing means.c. Communication under this subsection shall not be required in either of the following circumstances:(1) There is no federal food and drug administration-approved interchangeable biological product for the product prescribed.(2) A refill prescription is not changed from the product dispensed on the prior filling of the prescription.