486

LAWS OF MARYLAND

Ch.8

(II) DETERMINED TO BE THERAPEUTICALLY
EQUIVALENT;

(2)  SHALL LIST ALL DRUG PRODUCTS THAT:

(I)  WERE NOT SUBJECT TO PREMARKETING
APPROVAL FOR SAFETY AND EFFECTIVENESS UNDER THE FEDERAL
FOOD, DRUG, AND COSMETIC ACT;

(II)  ARE MANUFACTURED BY FIRMS MEETING THE
REQUIREMENTS OF THAT ACT;

(III)  ARE SUBJECT TO PHARMACOPEIAL
STANDARDS THAT ARE ADEQUATE TO ASSURE PRODUCT QUALITY; AND

(IV)  HAVE BEEN DETERMINED BY THE
COMMISSIONER OF FOOD AND DRUGS TO MEET ANY OTHER
REQUIREMENTS NECESSARY TO ASSURE THERAPEUTIC EQUIVALENCE;
AND

(3)  MAY LIST ANY ADDITIONAL DRUG PRODUCTS THAT
ARE DETERMINED BY THE DEPARTMENT TO MEET REQUIREMENTS THAT
ARE ADEQUATE TO ASSURE PRODUCT QUALITY AND THERAPEUTIC
EQUIVALENCE.

(E)  DISTRIBUTION OF FORMULARY.

THE DEPARTMENT SHALL DISTRIBUTE THE FORMULARY AND ITS
REVISIONS TO:

(1)  ALL OF THE PHARMACIES IN THIS STATE;

(2)  ALL AUTHORIZED PRESCRIBERS IN THIS STATE;
AND

(3)  ANY OTHER PERSON WHOM IT CONSIDERS
APPROPRIATE.

(F)  PUBLIC EDUCATION; MONITORING OF IMPLEMENTATION.
THE DEPARTMENT SHALL:

(1)  ASSESS THE NEED FOR PUBLIC EDUCATION
REGARDING THE PROVISIONS OF THIS SECTION;

(2)  PROVIDE WHATEVER PUBLIC EDUCATION REGARDING
THE PROVISIONS OF THIS SECTION THAT IT CONSIDERS
APPROPRIATE; AND

(3)  MONITOR PERIODICALLY THE EFFECTS OF THIS
SECTION.

(G)  EFFECT ON LIABILITY.

A PHARMACIST WHO SUBSTITUTES A DRUG PRODUCT IN
COMPLIANCE WITH THIS SECTION INCURS NO GREATER LIABILITY IN
FILLING THE PRESCRIPTION BY DISPENSING THE EQUIVALENT DRUG