1668

LAWS OF MARYLAND

Ch. 596

Mental Hygiene to establish certain drug formularies;
providing for the revision and distribution of the
formularies; and requiring the Department to educate
the public concerning the provisions of this Act, if
necessary, and to monitor the effects of the Act.

BY repealing and reenacting, with amendments,

Article 43 - Health

Section 273A (b) and (e)

Annotated Code of Maryland

(1971 Replacement Volume and 1978 Supplement)

BY adding to

Article 43 - Health
Section 273A(a) 94) and (f)
Annotated Code of Maryland
(1971 Replacement Volume and 1978 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article 43 - Health

273A.

(a)(4) "SAVINGS" MEANS THE DIFFERENCE BETWEEN THE

ACTUAL ACQUISITION COST OF AN EQUIVALENT DRUG PRODUCT AND

THE RETAIL COST OF THE BRAND NAME DRUG.

(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
the different drug product is generically equivalent. [The
pharmacist shall pass any savings in cost on to the
consumer.]

(2) ANY PHARMACIST SUBSTITUTING A LESS EXPENSIVE

EQUIVALENT DRUG PRODUCT SHALL PASS ON TO THE CONSUMER NO

LESS THAN 75 PERCENT OF THE AMOUNT OF THE--SAVINGS--REALIZED

BY THE SUBSTITUTION. THE DEPARTMENT OF HEALTH AND MENTAL

HYGIENE SHALL ESTABLISH AND IMPLEMENT A PROCEDURE FOR A

RANDOM AUDIT OF PHARMACISTS TO INSURE COMPLIANCE WITH THIS

PROVISION. THE PHARMACIST MAY NOT SELECT AN EQUIVALENT DRUG
PRODUCT UNLESS ITS PRICE TO THE PURCHASER IS LESS THAN THE
PRICE OF THE PRESCRIBED DRUG PRODUCT.

(3) ANY PHARMACIST WHO SELECTS AN EQUIVALENT
DRUG PURSUANT TO THIS SECTION INCURS NO GREATER LIABILITY IN
FILLING THE PRESCRIPTION BY DISPENSING THE EQUIVALENT DRUG
PRODUCT THAN WOULD BE INCURRED IN FILLING THE PRESCRIPTION
BY DISPENSING THE BRAND NAME DRUG PRESCRIBED.