{"data":{"id":"us-ky/krs-217.822","jurisdiction":"us-ky","citation":"KRS 217.822","heading":"Substitution of equivalent drug or interchangeable biological product --","body":"Substitute must be lower in price than prescribed drug or biological product --\nSelection by pharmacist not practice of medicine -- Liability of pharmacist --\nPharmacist to communicate to prescribing practitioner the specific biological\nproduct dispensed.\n(1) When a pharmacist receives a prescription for a brand name drug which is not listed\nby generic name in the nonequivalent drug product formulary prepared by the\nboard, the pharmacist shall select a lower -priced therapeutically equivalent drug\nwhich the pharmacist has in stock, unless otherwise instructed by the patient at the\npoint of purchase or by the patient's practitioner. If a lower-priced selection is made,\nthe label on the container of the drug shall show the name of the drug dispensed.\n(2) When a pharmacist receives a prescription for a brand name biological product\nwhich is not listed by name in the nonequivalent drug product formulary prepared\nby the board, the pharmacist shall dispense a lower -priced interchangeable\nbiological product, if there is one in stock, unless otherwise instructed by the patient\nat the point of purchase or by the patient's prescribing practitioner. If an\ninterchangeable product is select ed, the label on the container shall show the name\nof the biological product dispensed.\n(3) When an equivalent drug product or interchangeable biological product is dispensed\nin lieu of a brand name drug prescribed, the price of the equivalent drug or\ninterchangeable biological product dispensed shall be lower in price to the\npurchaser than the drug product prescribed.\n(4) If, in the opinion of a practitioner, it is to the best interest of the practitioner's\npatient that an equivalent drug or interchangeabl e biological product should not be\ndispensed, the practitioner may indicate in the manner of his or her choice on the\nprescription \"Do Not Substitute,\" except that the indication shall not be preprinted\non a prescription.\n(5) The selection of any drug or i nterchangeable biological product by a pharmacist\nunder the provisions of this section shall not constitute the practice of medicine.\n(6) A pharmacist who selects an equivalent drug product or interchangeable biological\nproduct pursuant to KRS 217.815 to 2 17.826 assumes no greater liability for\nselecting the dispensed drug product than would be incurred in dispensing a\nprescription for a drug product or biological product prescribed by its generic,\nnonbrand, or proper name.\n(7) When a pharmacist receives a generically written prescription for a multiple source\ndrug product, he or she shall dispense an equivalent drug product in accordance\nwith the provisions of KRS 217.815 to 217.826.\n(8) When a pharmacist receives a prescription for a biological product wri tten by\nnonbrand or proper name, he or she shall dispense an interchangeable biological\nproduct in accordance with the provisions of KRS 217.814 to 217.826, provided\nthat the interchangeable product has been deemed by the United States Food and\nDrug Administration to be interchangeable with that specific reference product as\nidentified by the nonbrand or proper name.\n(9) A pharmacist shall not substitute a biological product for a prescribed biological\nproduct unless the substituted product is an interchang eable biological product for\nthe prescribed biological product.\n(10) (a) Within five (5) business days following the dispensing of a biological product,\nthe dispensing pharmacist or the pharmacist's designee shall communicate to\nthe prescribing practitione r the specific product provided to the patient,\nincluding the name of the product and the manufacturer.\n(b) Communication shall be conveyed by making an entry that is electronically\naccessible to the prescribing practitioner through:\n1. An interoperable electronic medical records system;\n2. An electronic prescribing technology;\n3. A pharmacy benefit management system; or\n4. A pharmacy record.\n(c) Communication entries into an electronic records system as described in this\nsubsection are presumed to provide notice to the prescribing practitioner.\nOtherwise, the pharmacist shall communicate the biological product dispensed\nto the prescribing practiti oner using facsimile, telephone, electronic\ntransmission, or other prevailing means. Communication to the prescribing\npractitioner, or the prescribing practitioner's office personnel, using facsimile,\ntelephone, electronic transmission, or other prevailing  means shall be\npresumed to provide notice to the prescribing practitioner.\n(d) Communication shall not be required where:\n1. There is no United States Food and Drug Administration -approved\ninterchangeable biological product for the product prescribed;\n2. A refill prescription is not changed from the product dispensed on the\nprior filling of the prescription; or\n3. The prescribing practitioner indicates \"Do Not Substitute\" on the\nprescription.\n(e) Communication received by the prescribing practitioner from the dispensing\npharmacist or the pharmacist's designee shall be treated in accordance with the\nstandards of acceptable and prevailing practice of the prescribing practitioner\nwithin the Commonwealth of Kentucky and the following as they relate to\npatient records:\n1. The principles of ethics of the American Medical Association;\n2. The code of ethics of the American Osteopathic Association;\n3. The principles of ethics and code of professional conduct of the\nAmerican Dental Association;\n4. The code of ethics of the American Chiropractic Association;\n5. The principles of veterinary medical ethics of the American Veterinary\nMedical Association;\n6. The code of ethics of the American Optometric Association; or\n7. The code of ethics for nurses of the American Nurses Association.","path":["KRS Chapter 217"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45075","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:27Z","sha256":"9a4e31f79d2a29703295d8aa83abc4ff6aed87138d6bda30cd2659ac2225a481","source_id":"us-ky","stale":false,"prev":"us-ky/krs-217.821","next":"us-ky/krs-217.823"},"notice":"GroundRules: Original legal text. Not legal advice."}