An Act to Encourage the Use of Generic Drugs LR 1567(02)
Maine Legislature, Session 121, LD 0329
Committee Amendment CA_A_S191 (Senate)

COMMITTEE AMENDMENT "II" to s. P. 111, L. D. 
Act to Encourage the Use of Generic Drugs" 
329, Bill, "An 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'Sec. 1. 32 MRS A §13781, as amended by PL 1997, c. 245, §§13 
and 14, is further amended to read: 
§13181. 
Generic and therapeutica11y equiva1ent 
substitution 
A written prescription issued by 
a practitioner in this 
State may contain a box in the lower right-hand corner of the 
prescription form. The following words must appear to the left of 
this 
box: 
"Any 
drug 
which 
is 
the 
generic 
and 
therapeutic 
equivalent of the drug specified above in this prescription lIIay 
must be dispensed, provided that no check mark 
( 
) 
has been 
handwritten in the box in the lower right-hand corner." 
Any 
pharmacist 
receiving 
a 
prescription 
in 
which 
no 
handwritten check mark ( ) is found in the box provided lIIay 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 
COMl\fflTTEE AMENDMENT 
ea' 
~ 
~ 
COMMITTEE AMENDMENT "A" /to S. P. 111, L. D. 329 
in the United States and 
~ha~ the price of the substituted drug 
does 
not 
exceed 
the 
price 
of 
the 
drug 
specified 
by 
the 
practitioner: except that, when the cost of a prescription is to 
be reimbursed under the MaineCare program pursuant to Title 22 r 
chapter 
855, 
the pharmacist shall substitute 
a 
generic 
and 
therapeutically eguivalent 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," "DAN," "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 
egui valent 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.' 
SUMMARY 
This 
amendment 
provides 
that 
the 
generic 
substitution 
provisions of the bill apply to MaineCare prescriptions only when 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 111, L.D. 329 
the Department of Human Services has determined that a gener ic 
and therapeutically equivalent drug would be more cost effective. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/13/03 .:?#ac:.. 
Office of Fiscal and Program Review 
LD329 
An Act to Encourage the Use of Generic Drugs 
LR 1567(02) 
Fiscal Note for Bill as Amended by Committee Amendment 'It' S-/q I 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
LR1567(2) - Fiscal Note - Page 1 of 1