RÉSUMÉ DIGEST
ACT 391 (HB 319) 2015 Regular Session Simon
With respect to interchangeable biological products, new law defines "biological product"
and amends the definition of "equivalent drug product".
New law requires the dispensing pharmacist or his designee, no later than five business days
following the dispensing of a biological product, to communicate to the prescriber the
specific product provided to the patient, including the name of the product and the
manufacturer. Further authorizes the required communication to be done by any means.
New law provides no communication is required if any of the following conditions exist:
(1)There is no interchangeable or therapeutical equivalent biological product approved
by the United States Food and Drug Administration for the product prescribed.
(2)The prescription is a refill not changed from the product dispensed on the prior filling
of the prescription.
(3)The prescriber indicates dispense as written.
Nothing in new law creates a cause of action against the prescriber and the dispensing
pharmacist or his designee for a communication as required pursuant to new law.
Effective August 1, 2015.
(Amends R.S. 37:1164(16); Adds R.S. 37:1164(58) and 1226.1)