Ch. 126

LAWS OF MARYLAND

(b) Unless the prescriber directs otherwise on the form or
on an attached signed certification of need, the generic form of
the drug AS LISTED IN [from] the Department formulary [or the
list of multiple source drugs as finally determined and published
by the Pharmaceutical Reimbursement Board of the United States
Department of Health and Human Services] shall be used to fill
the prescription, EXCEPT FOR DRUGS GENERALLY NOT AVAILABLE IN THE
STATE, DRUGS THAT HAVE LOW UTILIZATION, OR DRUGS LACKING
SIGNIFICANT COST DIFFERENTIAL BETWEEN THE INTERCHANGEABLE
PRODUCTS.

(C)  (1) THE PROGRAM SHALL PUBLISH A LIST OF DRUGS INCLUDED
ON THE STATE FORMULARY THAT ARE GENERALLY AVAILABLE WITHIN THE
STATE, HAVE SUFFICIENT UTILIZATION, AND HAVE SUFFICIENT COST
DIFFERENTIAL BETWEEN PRODUCTS.

(2)  THE PROGRAM SHALL ESTABLISH MAXIMUM REIMBURSEMENT
LEVELS FOR THE DRUG PRODUCTS LISTED UNDER PARAGRAPH (1) OF THIS
SUBSECTION BASED ON THE COST OF THE AVAILABLE GENERIC PRODUCTS.

(3)  ADDITIONS TO  THE PROGRAM LIST OF INTERCHANGEABLE
DRUGS SHALL BE EFFECTIVE 120   60 DAYS AFTER THE PUBLICATION OF THE
FORMULARY PROGRAM LIST OR SUPPLEMENTS TO THE FORMULARY PROGRAM
LIST INCLUDING THE CHANGES.

(4)  DRUG PRODUCTS REMOVED FROM THE FORMULARY SHALL BE
DELETED FROM THE PROGRAM LIST OF INTERCHANGEABLE DRUGS CONCURRENT
WITH REMOVAL FROM THE FORMULARY.

(D)  THE SECRETARY SHALL ADOPT REGULATIONS TO CARRY OUT THE
PROVISIONS OF THIS SECTION.

Article - Health Occupations

12-508.

(d) (1) The Department shall publish and, at least every 6
months, update a formulary that lists those substitutions that
may be made under this section. The formulary:

[(1)] (I) Automatically shall list all drug products
that the Commissioner of Food and Drugs has:

[(i)] 1. Approved as safe and effective; and

[(ii)] 2. Determined to be therapeutically
equivalent;

[(2)] (II) Automatically shall list all drug products
that:

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