HARRY HUGHES, Governor

1299

Article 43 - Health
254A.

(A)   EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS
SECTION, [Whenever] WHENEVER a pharmacist [sells or] OR ANY
OTHER PERSON ANY LICENSED PHYSICIAN, DENTIST, PODIATRIST, OR
VETERINARIAN dispenses any medications OTHER THAN TO
INPATIENTS IN HOSPITALS AND RELATED INSTITUTIONS [on
prescription issued by a physician or 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, is addition to all other
information required by law:

(1)   The name and strength of the medication
prescribed DISPENSED; AND

(2)   The expiration date of the medication, if
known (month, year), and appropriate special handling
instructions regarding proper storage[;].

(B)   THE FOLLOWING MEDICATIONS ARE EXEMPT FROM THE
REQUIREMENTS OF SUBSECTION (A) :

(1)   MEDICATION DISPENSED BY A LICENSED
PHYSICIAN, DENTIST, PODIATRIST, OR VETERINARIAN IN A BONA
FIDE EMERGENCY SITUATION;

(2)   STARTER DOSES OF MEDICATION DISPENSED BY A
LICENSED PHYSICIAN, DENTIST, PODIATRIST, OR VETERINARIAN IN
THE REGULAR COURSE OF PRACTICE; AND

(3)   SAMPLES OF MEDICATION DISPENSED BY A
LICENSED PHYSICIAN, DENTIST, PODIATRIST, OR VETERINARIAN IN
THE REGULAR COURSE OF PRACTICE.

(C)   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 § 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, shall be fined not more than $50.
Pharmacists violating this section shall be subject to
disciplinary action by the Board of Pharmacy.

SECTION 2. AND 3E IT FURTHER ENACTED, That this Act
shall take effect July 1, 1979.

Approved May 29, 1979.