Hawaii Revised Statutes 328-92 – Drug product and biological product selection
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Terms Used In Hawaii Revised Statutes 328-92
- Agent: means a person under the direct supervision of a pharmacist, acting in the pharmacist's presence. See Hawaii Revised Statutes 328-91
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
- Drug product: means a drug as defined in § 328-1 other than a biological product as defined in this part. See Hawaii Revised Statutes 328-91
- Equivalent generic drug product: means a drug product approved by the director as substitutable by pharmacists and included in the Hawaii list of equivalent generic drug products and interchangeable biological products. See Hawaii Revised Statutes 328-91
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Hawaii list of equivalent generic drug products and interchangeable biological products: means the list of equivalent generic drug products and interchangeable biological products, which may include references to the Orange Book, the Purple Book, and other published findings and approvals of the United States Food and Drug Administration, created and published by the director pursuant to the director's authority in this part to approve drug products and biological products that pharmacists may substitute with equivalent generic drug products and interchangeable biological products. See Hawaii Revised Statutes 328-91
- Interchangeable biological product: means a biological product approved by the director as substitutable by pharmacists and included in the Hawaii list of equivalent generic drug products and interchangeable biological products. See Hawaii Revised Statutes 328-91
- Savings: means the financial benefit derived from utilizing the substituted equivalent generic drug product or interchangeable biological product from the perspective of the consumer or the ultimate payer, including third party payers. See Hawaii Revised Statutes 328-91
The pharmacist shall substitute an equivalent generic drug product or an interchangeable biological product if the practitioner does not prohibit substitution under subsection (b), and the substitute equivalent generic drug product or interchangeable biological product results in a savings. The pharmacist shall not substitute if the consumer refuses.
The pharmacist shall note the practitioner’s instructions on the prescription record required to be maintained under section 328-17.7.
This subsection shall not apply when it does not comply with any federal requirement for services reimbursable by medicaid or medicare.