201 KAR 2:280. Prescription dispensing for formulary Compliance

Section 1. Dispensing. (1) A pharmacist may dispense a therapeutic equivalent drug product under the following conditions: (a) The ordering practitioner has indicated "formulary compliance approval" on the prescription, in one of the following ways: 1. In the practitioner's own handwriting or an equivalent designation within an electronic system; or 2. By checking a "formulary compliance approval" box on a preprinted form; or 3. By indicating a "formulary compliance approval" through a note, prescriber comment or other designation within an electronic prescription system. (b) The pharmacist receives a formulary change as a consequence of the patient's third-party plan; and (c) The product designated as "preferred" by the third-party formulary is in the same therapeutic class as the prescribed drug. (2) The pharmacist, within twenty-four (24) hours of the formulary compliance substitution, shall notify the ordering practitioner, in an original writing or by facsimile: (a) That the pharmacist engaged in formulary compliance; and (b) The therapeutic equivalent drug product that was dispensed. Section 2. The pharmacist may make adjustments in the quantity and directions to provide for an equivalent dose of the preferred formulary therapeutic alternative.