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PARRIS N. GLENDENING, Governor
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S.B. 676
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(B) A PROTOCOL SHALL PROHIBIT THE SUBSTITUTION OF A CHEMICALLY
DISSIMILAR DRUG PRODUCT BY THE PHARMACIST FOR THE PRODUCT PRESCRIBED
BY THE PHYSICIAN, UNLESS PERMITTED IN THE THERAPY MANAGEMENT CONTRACT.
12-6A-07.
(A) A THERAPY MANAGEMENT CONTRACT SHALL APPLY ONLY TO
CONDITIONS FOR WHICH PROTOCOLS HAVE BEEN APPROVED BY THE BOARD OF
PHYSICIAN QUALITY ASSURANCE AND THE BOARD. OF PHARMACY UNDER THE
REGULATIONS ADOPTED UNDER THIS SUBTITLE.
(B) A THERAPY MANAGEMENT CONTRACT SHALL TERMINATE ONE YEAR
FROM THE DATE OF ITS SIGNING, UNLESS RENEWED BY THE LICENSED PHYSICIAN,
LICENSED PHARMACIST, AND PATIENT.
(C) A THERAPY MANAGEMENT CONTRACT SHALL INCLUDE:
(1) A STATEMENT THAT NONE OF THE PARTIES INVOLVED IN THE
THERAPY MANAGEMENT CONTRACT HAVE BEEN COERCED, GIVEN ECONOMIC
INCENTIVES, EXCLUDING, NORMAL REIMBURSEMENT FOR SERVICES RENDERED, OR
INVOLUNTARILY REQUIRED TO PARTICIPATE;
(2) NOTICE TO THE PATENT INDICATING HOW THE PATIENT- MAY
TERMINATE THE THERAPY MANAGEMENT CONTRACT;
(3) A PROCEDURE FOR PERIODIC REVIEW BY THE PHYSICIAN, OF THE
DRUGS MODIFIED PURSUANT TO THE AGREEMENT OR CHANGED WITH THE
CONSENT OF THE PHYSICIAN; AND
(4) REFERENCE TO AN APPROVED PROTOCOL, WHICH WILL BE
PROVIDED TO THE PATIENT UPON REQUEST.
(D) ANY PARTY TO THE THERAPY MANAGEMENT CONTRACT MAY TERMINATE
THE CONTRACT AT ANY TIME.
(E) FEES PAID TO THE BOARD OF PHYSICIAN QUALITY ASSURANCE AND
BOARD OF PHARMACY RELATED TO THERAPY MANAGEMENT SHALL BE
ESTABLISHED IN REGULATIONS.
12-6A-08.
(A) THE PHYSICIAN SHALL MAINTAIN COMPLETE PATIENT RECORDS WITH
RESPECT TO THE THERAPY MANAGEMENT CONTRACT.
(B) THE LICENSED PHYSICIAN'S PATIENT RECORD SHALL BE FULLY UPDATED
IN WRITING BY THE LICENSED PHARMACIST IN A TIMELY MANNER, AS PROVIDED IN
THE PHYSICIAN-PHARMACIST AGREEMENT.
12-6A-09.
NOTHING FN THIS SUBTITLE SUPERSEDES THE PROVISIONS OF § 5-902 OF THE
CRIMINAL LAW ARTICLE.
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- 4791 -
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