Ch. 614

1997 LAWS OF MARYLAND

(f)     For a drug, OR DEVICE, OR DIAGNOSTIC product that the Department has
disqualified from being used in Maryland as a generic substitute under subsection (e) of
this section, the Department shall provide an opportunity for public comment as provided
in Title 10, Subtitle 1 of the State Government Article before reinstating the drug; OR
DEVICE, OR DIAGNOSTIC product for use in Maryland as a generic substitute.

(g)     A pharmacist who substitutes a drug; OR DEVICE, OR DIAGNOSTIC product
in compliance with this section incurs no greater liability in filling the prescription by
dispensing the equivalent drug; OR DEVICE, OR DIAGNOSTIC product than would be
incurred in filling the prescription by dispensing the prescribed brand name drug, OR
DEVICE, OR DIAGNOSTIC.

[12-509.] 12-505.

(a) [In this section, "established name" has the meaning stated in the Federal
Food, Drug, and Cosmetic Act,]

[(b)] Except for a [ medication] DRUG; OR DEVICE, OR DIAGNOSTIC dispensed to
an inpatient in a hospital or related institution, a pharmacist shall label each container of
[medication] DRUGS; OR DEVICES, OR DIAGNOSTICS that the pharmacist dispenses.

[(c)] (B) In addition to any other information required by law, the pharmacist
shall include on the label:

(1)     The date the prescription is filled; and

(2)     Unless otherwise required by the prescriber:

(i) [The month and year when the medication expires, if known;] AN
EXPIRATION DATE OF THE DRUGS; OR DEVICES, OR DIAGNOSTICS WHICH SHALL BE
THE LESSER OF:

1. 1 YEAR FROM THE DATE OF DISPENSING;

2. THE MONTH AND YEAR WHEN THE DRUGS; OR DEVICES;
OR DIAGNOSTICS EXPIRE;

3.       THE APPROPRIATE EXPIRATION DATE FOR REPACKAGED
DRUGS; OR DEVICES, OR DIAGNOSTICS; OR

4.       A SHORTER PERIOD AS DETERMINED BY THE
PHARMACIST;

(ii) Any appropriate special handling instructions regarding proper
storage of the [medication] DRUGS; OR DEVICES, OR DIAGNOSTICS; and

(iii) Subject to the provisions of subsection [ (d)] (C) of this section,
the name and strength of the [medication] DRUGS; OR DEVICES, OR DIAGNOSTICS.

[(d)](C) (1) Except as provided in paragraph (2) of this subsection, the
pharmacist shall indicate on the label the same name for the [medication] DRUG; OR
DEVICE, OR DIAGNOSTIC as that used by the authorized prescriber.

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