Delaware Code Title 24. Professions and Occupations § 2549A. Dispensing and substitution of biological products

(1) The practitioner has not expressly prohibited substitution in a manner specified in § 2549 of this title;

(2) The product to be substituted has been designated by the Federal Food and Drug Administration as interchangeable with or therapeutically equivalent to the prescribed product;

(3) The pharmacist informs the patient or the patient's adult representative that an interchangeable biological product has been dispensed;  and

(4) The pharmacist indicates on the prescription and on the prescription label the name of the manufacturer of the interchangeable biological product substituted unless the practitioner indicates otherwise.

(1) Recording such information in an interoperable electronic health records system shared with the prescribing practitioner, to the extent such a system is in place between a pharmacist and practitioner;  or

(2) In the case where electronic health records are not in place between a pharmacist and a practitioner, communicating such information to the practitioner using any prevailing means available.  No communication is required under this subsection where there is no interchangeable or therapeutically equivalent biological product for the prescribed biological product, or where a refill prescription is not changed from the biological product originally dispensed.