ROBERT L. EHRLICH, JR., Governor

Ch. 319

[(d)] (E) The Department may list any additional drug or device products that
are determined by the Department to meet requirements that are adequate to assure
product quality and therapeutic equivalence, after an opportunity for public comment
as provided in Title 10, Subtitle 1 of the State Government Article.

[(e)] (F) The Department may disqualify a drug or device product on the
United States Food and Drug Administration's current list from being used in
Maryland as a generic substitute if the Department determines that the drug or
device is therapeutically nonequivalent or has a negative physical or biological effect
on the consumer of that drug or device product:

(1)     After providing an opportunity for public comment as provided in
Title 10, Subtitle 1 of the State Government Article; or

(2)     Prior to providing an opportunity for public comment, if the
Department believes that a particular generic drug or device product constitutes an
imminent danger to the public health, safety or welfare, and the Department:

(i) Provides an opportunity for public comment as provided in Title
10, Subtitle 1 of the State Government Article within 30 days of disqualifying the
drug or device product; and

(ii) After providing an opportunity for public comment, determines
whether the drug or device product should remain disqualified.

[(f)] (G) For a drug or device product that the Department has disqualified
from being used in Maryland as a generic substitute under subsection [(e)] (F) 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 product for use in Maryland as a generic substitute.

[(g)] (H) A pharmacist who substitutes a drug or device product in compliance
with this section incurs no greater liability in filling the prescription by dispensing
the equivalent drug or device product than would be incurred in filling the
prescription by dispensing the prescribed brand name drug or device.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1_; 2003.

Approved May 13, 2003.

CHAPTER 319
(House Bill 690)

AN ACT concerning

Workers' Compensation - Continuation of Death Benefits - Wholly
Dependent Spouses - Partly Self-Supporting Spouses

FOR the purpose of requiring an employer or insurer to continue to make altering the

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