HARRY HUGHES, Governor

1919

(12)  EXCEPT AS PERMITTED UNDER § 12-508 OF THE
HEALTH OCCUPATIONS ARTICLE, DISPENSE OR CAUSE TO BE
DISPENSED, WITHOUT THE PERMISSION OF THE PRESCRIBER, A
DIFFERENT DRUG OR BRAND OF DRUG INSTEAD OF THE DRUG OR BRAND
OF DRUG PRESCRIBED;

(13)  PRESCRIBE ANY DRUG ON A WRITTEN
PRESCRIPTION FORM WITHOUT CLEARLY IDENTIFYING THE NAME OF
THE PRESCRIBER;

(14)  DISPENSE ANY DRUG BASED ON A PRESCRIPTION
FORM THAT LACKS THE NAME OF THE PRESCRIBER; OR

(15)  FAIL TO PROVIDE TO THE SECRETARY ON REQUEST
INFORMATION ABOUT PRESCRIPTION DRUGS, AS REQUIRED UNDER §
4-227 OF THIS SUBTITLE.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 187B(5) and (13) through (19).

In subsection (b)(1) of this section, the former
language "delivery for sale, holding for sale, or
offering for sale" is deleted as unnecessary in
light of the rule of construction in § 4-102 of
this title that relates to "sale".

The attention of the General Assembly is invited
to the provisions of subsection (b)(6) and (7) of
this section that prohibit a person from
disposing of a counterfeit marking tool or
causing it to be disposed of. When these
provisions are read in context with the other
prohibitions of subsection (b)(6) through (9) of
this section, it appears that once a person comes
into possession, control, or custody of a
counterfeit marking tool, there is no way that
person can avoid the commission of a crime. The
Commission to Revise the Annotated Code questions
whether it really was intended to prohibit the
disposing of a counterfeit marking tool without
allowing some lawful manner of disposing of the
tool. The General Assembly may wish to amend
subsection (b)(6) and (7) to express this intent.

In subsection (b)(12) of this section, an express
exception is added to clarify that the provisions
of that subsection do not contravene the
provisions for the substitution of a generic
equivalent drug for a brand name drug product,
under § 12-508 of the Health Occupations Article.

4-259. SAME -- FALSE REPORTS; MISUSE OF INFORMATION.