LD 329
pg. 2
Page 1 of 2 PUBLIC Law Chapter 384 LD 329 Title Page
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LR 1567
Item 1

 
chapter 855, the pharmacist shall substitute a generic and
therapeutically equivalent drug only when the Department of Human
Services has determined that the substitute drug would be a more
cost-effective alternative than the drug prescribed by the
practitioner.

 
If a written prescription issued by a practitioner in this
State does not contain the box described in this section, a
pharmacist may shall substitute a generic and therapeutically
equivalent drug for the drug specified on the prescription if the
substituted drug is distributed by a business entity doing
business in the United States that is subject to suit and the
service of legal process in the United States and the price of
the substituted drug does not exceed the price of the drug
specified by the practitioner, unless a practitioner has
handwritten on the prescription form, along with the
practitioner's signature, "dispense as written," "DAW," "brand,"
"brand necessary" or "brand medically necessary."; except that,
when the cost of a prescription is to be reimbursed under the
MaineCare program pursuant to Title 22, chapter 855, the
pharmacist shall substitute a generic and therapeutically
equivalent drug only when the Department of Human Services has
determined that the substitute drug would be a more cost-
effective alternative than the drug prescribed by the
practitioner.

 
Any pharmacist who substitutes a generic and therapeutically
equivalent drug under this section shall inform the person to
whom the drug is dispensed of the substitution. When any
substitution is made under this section, the pharmacist shall
cause the name of the generic and therapeutically equivalent
drug, the name or abbreviation of the drug manufacturer or
distributor of that substitute drug and all other information as
required by section 13794 to appear on the container label of the
drug dispensed.

 
This section does not apply to prescriptions ordered by
practitioners for patients in hospitals when those prescriptions
are filled by a hospital pharmacy or in any institution where a
formulary system is established.


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