Ch. 318

2003 LAWS OF MARYLAND

(B) (1) SUBJECT TO THE PROVISIONS OF THIS SUBTITLE, AN EMPLOYEE OF
THE PHARMACY OR A PHARMACIST, OR THE PHARMACIST'S DESIGNEE, WHO IS
UNDER THE DIRECT SUPERVISION OF THE PHARMACIST, SHALL ADVISE THE INFORM
A RETAIL CONSUMER TO THE BEST OF THE PHARMACIST'S OR THE PHARMACIST'S
DESIGNEE'S KNOWLEDGE OF THE AVAILABILITY OF A GENERICALLY EQUIVALENT
DRUG AND SHALL ADVISE THE INFORM A RETAIL CONSUMER OF THE APPROXIMATE
COST DIFFERENCE AS COMPARED TO THE BRAND NAME DRUG.

(2)      THE BOARD SHALL ADOPT PROCEDURES FOR:

(I)      A CONSUMER TO NOTIFY THE BOARD WHEN A PHARMACIST
FAILS TO PROVIDE THE INFORMATION REQUIRED UNDER PARAGRAPH (1) OF THIS
SUBSECTION; AND

(II)     ADVISING A PHARMACIST TO BRING THE PHARMACIST INTO
COMPLIANCE WITH THE REQUIREMENTS OF PARAGRAPH (1) OF THIS SUBSECTION.

(3)      PARAGRAPH (1) OF THIS SUBSECTION DOES NOT APPLY:

(I)      TO A PRESCRIPTION THAT IS WRITTEN FOR A GENERIC DRUG;

(II)     WHEN THE AUTHORIZED PRESCRIBER STATES EXPRESSLY
THAT THE PRESCRIPTION IS TO BE DISPENSED ONLY AS DIRECTED;

(III)   TO A PHARMACIST WHO WORKS IN A PHARMACY, WHETHER
CENTRALIZED OR DECENTRALIZED, WHICH PRIMARILY SERVES PUBLIC OR PRIVATE
INSTITUTIONAL RECIPIENTS; OR

(IV)    WHEN THE COST OF THE PRESCRIPTION IS REIMBURSED BY A
THIRD PARTY PAYER INCLUDING MEDICAL ASSISTANCE.

[(b)] (C) A pharmacist may substitute a generically equivalent drug or device
product, of the same dosage form and strength, for any brand name drug or device
product prescribed, if:

(1)     The authorized prescriber does not state expressly that the
prescription is to be dispensed only as directed;

(2)     The substitution is recognized in the United States Food and Drug
Administration's current list of approved drug or device products with therapeutic
equivalence evaluations; and

(3)     The consumer is charged less for the substituted drug or device than
the price of the brand name drug or device.

[(c)] (D) If a drug or device product is substituted under this section, the
pharmacist shall:

(1)     Notify the patient in writing that the drug or device product
dispensed is a generic equivalent of the prescribed drug or device product; and

(2)     Record on the prescription and keep a record of the name and
manufacturer of the substituted drug or device product.

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