1. (a) Not later than the third business day after the date of dispensing a biological product, the dispensing pharmacist or the pharmacist's designee shall communicate to the prescribing practitioner the specific product provided to the patient, including the name of the product and the manufacturer or national drug code number.

2. (b) The communication must be conveyed by making an entry into an interoperable electronic medical records system or through electronic prescribing technology or a pharmacy benefit management system or a pharmacy record, which may include information submitted for the payment of claims, that a pharmacist reasonably concludes is electronically accessible by the prescribing practitioner. Otherwise, the pharmacist or the pharmacist's designee shall communicate the biological product dispensed to the prescribing practitioner, using facsimile, telephone, electronic transmission, or other prevailing means, provided that communication is not required if:

   1. (1) there is no interchangeable biological product approved by the United States Food and Drug Administration for the product prescribed; or
   2. (2) a refill prescription is not changed from the product dispensed on the prior filling of the prescription.

Source Note:The provisions of this §309.5 adopted to be effective December 6, 2015, 40 TexReg 8790; amended to be effective December 9, 2019, 44 TexReg 7547.