MARVIN MANDEL, Governor

3605

The State Department of Health and the physicians
and pharmacists services subcommittees of the Maryland
medical assistance program advisory committee shall meet
jointly to determine which drugs shall be listed in a
formulary system; and after such meetings, the Department
shall publish [such] THE formulary, which shall include
those generic drugs having clinical equivalency. The
above subcommittees shall take due recognition of studies
and recommendations of the U.S. Food and Drug
Administration and shall consult with various schools of
pharmacy and [such] other medical and pharmacological
experts as it shall deem advisable.

A reimbursement form will be used for prescribing
all drugs under the medicaid program in Maryland and it
shall include the following statement: This prescription
shall be filled by a generic equivalent from the State
Health Department formulary, unless checked by the
prescribing physician.

Unless the [physician] PRESCRIBER indicates
otherwise on the form OR ON AN ATTACHED SIGNED
CERTIFICATION OF NEED, it is understood that the generic
form of the drug from the State Health Department
formulary OR THE LIST PREPARED ACCORDING TO FEDERAL
REGULATION 45CFR PART 19 (MAXIMUM ALLOWABLE COST) will be
utilized in filling the prescription.

254A.

Whenever a pharmacist sells or dispenses any
medications on prescription issued by a physician or a
dentist, he shall affix to the container in which the
medication is sold or dispensed, unless the prescriber
indicates that he should not, a label showing the name
and strength of medication prescribed, in addition to all
other information required by law. In listing the
established or trade name, the label shall conform to the
name used by the practitioner in his prescription, EXCEPT
WHEN UNDER THE PROVISIONS OF SECTION 273A OF THIS ARTICLE
THE PHARMACIST DISPENSES A DRUG PRODUCT DIFFERENT THAN
THAT ORDERED BY THE PRESCRIBER, IN WHICH CASE THE LABEL
MUST CONTAIN THE ESTABLISHED NAME OF THE DRUG PRESCRIBED
AND THE NAME OF THE MANUFACTURER OR DISTRIBUTOR OF THE
DRUG PRODUCT DISPENSED. No person shall alter, deface,
or remove any label so affixed so long as any of the
original contents remain. Any person failing to observe
the provisions of this section is guilty of a
misdemeanor, and upon conviction thereof, shall be fined
[fifty dollars ($50.00)] $50. Pharmacists violating
this section shall be subject to disciplinary action by
the Board of Pharmacy.

273A.