An Act to Encourage the Use of Generic Drugs
Maine Legislature, Session 121, LD 0329
Committee: Business, Research and Economic Development
Sponsors: BRENNAN, DAGGETT, DOUGLASS, HALL, HATCH, MITCHELL, BRANNIGAN, KANE
Amends: 32 MRSA §13781

Legislative Document 
No. 329 
S.P. III 
In Senate, January 28, 2003 
An Act to Encourage the Use of Generic Drugs 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Senator BRENNAN of Cumberland. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Senators: President DAGGETT of Kennebec, DOUGLASS of Androscoggin, 
HALL of Lincoln, HATCH of Somerset, MITCHELL of Penobscot, Representatives: 
BRANNIGAN of Portland, KANE of Saco. 
Printed on rer.:yc1ed paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 32 MRSA §13781, as amended by PL 1997, c. 245, §§13 
and 14, is further amended to read: 
§ 13781. 
Generic and therapeutically equivalent 
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 may 
!!l.Y.£t. 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 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 
t~at the price of the substituted drug 
does 
not 
exceed 
the 
price 
of 
the 
drug 
specified 
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." 
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 bill requires a pharmacist to fill a prescription with 
a 
generic 
and 
therapeutic 
equivalent 
of 
the 
drug 
if 
the 
prescribing physician 
does 
not 
affirmatively 
specify that 
a 
particular brand-name drug be dispensed. 
Current law permits a 
pharmacist to dispense a generic drug.