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3595
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MARVIN MANDEL,
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Governor
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Article 43 - Health
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273A.
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(A) (1) IN THIS SECTION, THE FOLLOWING PHRASES
HAVE THE MEANINGS INDICATED.
(2) "BRAND NAME" MEANS THE PROPRIETARY NAME
A MANUFACTURER PLACES ON A DRUG PRODUCT OR ITS CONTAINER.
(3) "ESTABLISHED NAME" HAS THE SAME
DEFINITION AS THAT ASSIGNED IN THE FEDERAL FOOD, DRUG AND
COSMETIC ACT, AS AMENDED, TITLE 21 UNITED STATES CODE
BEGINNING AT SECTION 301.
(B) (1) IN FILLING A PRESCRIPTION FOR A BRAND
NAME DRUG PRODUCT, A PHARMACIST MAY DISPENSE A DIFFERENT,
LOWER COST, DRUG PRODUCT OF THE SAME DOSAGE FORM AND
STRENGTH IF, IN HIS PROFESSIONAL JUDGMENT, THE DIFFERENT
DRUG PRODUCT IS GENERICALLY EQUIVALENT. THE PHARMACIST
SHALL PASS ANY SAVINGS IN COST ON TO THE CONSUMER.
(2) IN FILLING A PRESCRIPTION WRITTEN
GENERICALLY, THE PHARMACIST SHALL DISPENSE THE LOWEST
RETAIL COST GENERIC EQUIVALENT DRUG IN STOCK.
(C) THE PROVISIONS OF (A) (B) DO NOT APPLY IF THE
PRESCRIBER EXPRESSLY INDICATES ON THE PRESCRIPTION THAT
THE PRESCRIPTION IS TO BE DISPENSED AS WRITTEN DIRECTED.
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(D) (1) THE PHARMACIST SHALL NOTIFY THE PATIENT
IN WRITING IF THE DRUG DISPENSED IS A GENERIC EQUIVALENT
OF THE PRESCRIBED DRUG.
(2) WHENEVER A DIFFERENT DRUG PROJECT IS
DISPENSED IN ACCORDANCE WITH (B), THE PHARMACIST SHALL
RECORD ON THE PRESCRIPTION AND MAINTAIN AS A RECORD THE
NAME AND MANUFACTURER OF THE DRUG PRODUCT DISPENSED.
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(E) THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE
SHALL ESTABLISH A LIST OF DRUGS FOR WHICH DRUG PRODUCT
SELECTION IS RESTRICTED OR PROHIBITED. THIS FORMULARY
SHALL CONTAIN THOSE DRUGS FOR WHICH THERE IS EVIDENCE OF
ACTUAL OR POTENTIAL BIO-INEQUIVALENCY OF THERAPEUTIC
SIGNIFICANCE. THE FORMULARY MAY BE ADDED TO OR DELETED
FROM AS NECESSARY BUT SHALL BE UPDATED AT LEAST ONCE
EVERY SIX MONTHS.
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SECTION 3. AND BE IT FURTHER ENACTED, That the
provisions of this Act may not be implemented until
January 1, 1978.
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SECTION 4. AND BE IT FURTHER ENACTED, That, subject
to Section 3., this Act shall take effect July 1, 1977.
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