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3594
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LAWS OF MARYLAND Ch. 947
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Article 43 - Health
Section 273A
Annotated Code of Maryland
(1971 Replacement Volume and 1976 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section 273A of Article 43 - Health, of
the Annotated Code of Maryland (197 1 Replacement Volume
and 1976 Supplement) be and it is hereby repealed;
Article 43 - Health
[273A.
(a) As used in this section, "brand name" means
the proprietary name the manufacturer places upon a drug
product or on its container, label or wrapping at the
time of packaging; and "established name" shall have the
same meaning as assigned that term by the federal Food,
Drug and Cosmetic Act as amended, Title 21 U.S.C. 301 et
seq.
(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.
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
distributer.
(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
multiple—source drugs as finally determined and published
by the Pharmaceutical Reimbursement Board, United States
Department of Health, Education, and Welfare.
(d) In any instance in which the pharmacist,
pursuant to this section, dispenses a different drug
product from that prescribed, the pharmacist shall pass
on the full savings in cost, being the difference between
the wholesale prices of the two drug products, to the
consumer.]
SECTION 2. AND BE IT FURTHER ENACTED, That new
Section 273A be and it is hereby added to Article 43 -
Health, of the Annotated Code of Maryland (1971
Replacement Volume and 1976 Supplement) to read as
follows:
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