3606

LAWS OF MARYLAND

[Ch. 881

(b)    Unless the physician or other authorized
prescriber explicitly states otherwise when transmitting
an oral prescription or in the instance of a written
prescription, indicates in his own writing or by
initialing an appropriate imprinted statement, a
different brand name or nonbrand name drug product of the
same established name may be dispensed by a pharmacist
[provided, however, that such action by the pharmacist
shall be authorized only if in each case the pharmacist
immediately transmits notice in writing to the prescriber
specifying the drug product actually dispensed and in the
name of the manufacturer or distributor]. EXCEPT IN THE
CASE OF MEDICAL ASSISTANCE PRESCRIPTIONS, SUCH ACTION BY
THE PHARMACIST SHALL BE AUTHORIZED ONLY IF IN EACH CASE
THE PHARMACIST IMMEDIATELY TRANSMITS NOTICE IN WRITING TO
THE PRESCRIBER SPECIFYING THE DRUG PRODUCT ACTUALLY
DISPENSED AND THE NAME OF THE MANUFACTURER OR DISTRIBUTOR

(c)    The provisions of this section shall only
apply to those drug products included in the Maryland
Medical Assistance Formulary determined by the Maryland
Department of Health and Mental Hygiene on the basis of
scientific evidence to be clinically equivalent AND THOSE
DRUG PRODUCTS APPROVED FOR LISTING ACCORDING TO
PROCEDURES IN FEDERAL REGULATIONS 45CFR PART 19 ENTITLED
MAXIMUM ALLOWABLE COST FOR DRUGS.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1975.

Approved May 15, 1975.

CHAPTER 882
(House Bill 1533)

AN ACT concerning

Mentally Retarded — Release

FOR the purpose of correcting a certain error in the laws
relating to the release of certain individuals from
public facilities for the Mentally Retarded; and
clarifying language.

BY repealing and re—enacting, with amendments,

Article 59A — Mental Retardation