reglab/housing_qa huggingface dataset:
MD. Health Occupations Code Ann. §  12-310 (2021)
2021 Maryland Statutes|Health Occupations|Title 12 - Pharmacists and Pharmacies|Subtitle 3 - Licensing|Section 12-310 - Reinstatement of Expired Licenses

    (a)    The Board shall reinstate the license of a pharmacist whose license has been expired for less than 2 years, if the pharmacist:        (1)    Meets the renewal and reinstatement requirements set by rule and regulation of the Board; and        (2)    Pays to the Board the reinstatement fee set by the Board.    (b)    The Board shall reinstate the license of a pharmacist whose license has been expired for 2 years or more if the pharmacist:        (1)    Meets the reinstatement requirements established by the Board in its rules or regulations; and        (2)    Satisfies the requirements of subsection (a) of this section.
MD. Health Occupations Code Ann. §  12-311 (2021)
2021 Maryland Statutes|Health Occupations|Title 12 - Pharmacists and Pharmacies|Subtitle 3 - Licensing|Section 12-311 - Display of Licenses

    Each licensee shall display the license conspicuously in the office or place of business of the licensee.
MD. Health Occupations Code Ann. §  12-312 (2021)
2021 Maryland Statutes|Health Occupations|Title 12 - Pharmacists and Pharmacies|Subtitle 3 - Licensing|Section 12-312 - Surrender of License

    (a)    Unless the Board agrees to accept the surrender of a license, a licensed pharmacist may not surrender the license nor may the license lapse by operation of law while the licensee is under investigation or while charges are pending against the pharmacist.    (b)    The Board may set conditions on its agreement with the pharmacist under investigation or against whom charges are pending to accept surrender of the pharmacist’s license.
MD. Health Occupations Code Ann. §  12-314 (2021)
2021 Maryland Statutes|Health Occupations|Title 12 - Pharmacists and Pharmacies|Subtitle 3 - Licensing|Section 12-314 - Penalty, Etc

    (a)    If after a hearing under § 12-315 of this subtitle the Board finds that there are grounds under § 12-313 of this subtitle to reprimand any licensee, place any licensee on probation, or suspend or revoke a license, the Board may impose a penalty not exceeding $10,000:        (1)    Instead of reprimanding the licensee, placing the licensee on probation, or suspending or revoking the license; or        (2)    In addition to reprimanding the licensee, placing the licensee on probation, or suspending or revoking the license.    (b)    The Board shall adopt rules and regulations to set standards for the imposition of penalties under this section.    (c)    The Board shall pay any penalty collected under this section into the General Fund of this State.
MD. Health Occupations Code Ann. §  12-315 (2021)
2021 Maryland Statutes|Health Occupations|Title 12 - Pharmacists and Pharmacies|Subtitle 3 - Licensing|Section 12-315 - Hearings

    (a)    Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 12-313 of this subtitle or § 12-6B-09 of this title, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board.    (b)    The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.    (c)    The hearing notice to be given to the individual shall be sent by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the last known address of the individual at least 20 days before the hearing.    (d)    The individual may be represented at the hearing by counsel.    (e)    Over the signature of an officer or the executive director of the Board, the Board may issue subpoenas and administer oaths in connection with any investigation under this title and any hearings or proceedings before it.    (f)    If, without lawful excuse, a person disobeys a subpoena from the Board or an order by the Board to take an oath or to testify or answer a question, then, on petition of the Board, a court of competent jurisdiction may punish the person as for contempt of court.    (g)    If after due notice the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.    (h)    The hearing of charges against a person may not be stayed or challenged by procedural defects alleged to have occurred prior to filing of the charges.    (i)    (1)    This subsection does not apply to a civil action brought by a party to a proceeding before the Board who claims to be aggrieved by the decision of the Board.        (2)    Except by the express stipulation and consent of all parties to a proceeding before the Board or any of its investigatory bodies, in a civil or criminal action:            (i)    The proceedings, records, or files of the Board or any of its investigatory bodies are not discoverable and are not admissible in evidence; and            (ii)    Any order passed by the Board is not admissible in evidence.        (3)    If any medical or hospital record or any other exhibit is subpoenaed and otherwise is admissible in evidence, the use of that record or exhibit in a proceeding before the Board or any of its investigatory bodies does not prevent its production in any other proceeding.
MD. Health Occupations Code Ann. §  12-316 (2021)
2021 Maryland Statutes|Health Occupations|Title 12 - Pharmacists and Pharmacies|Subtitle 3 - Licensing|Section 12-316 - Review

    (a)    Except as provided in this section for an action under § 12–313 of this subtitle or § 12–6B–09 or § 12–6D–11 of this title, any person aggrieved by a final decision of the Board in a contested case, as defined in the Administrative Procedure Act, may petition for judicial review as allowed by the Administrative Procedure Act.    (b)    Any person aggrieved by a final decision of the Board under § 12–313 of this subtitle or § 12–6B–09 or § 12–6D–11 of this title may not appeal to the Secretary but may take a direct judicial appeal as provided in the Administrative Procedure Act.
MD. Health Occupations Code Ann. §  12-317 (2021)
2021 Maryland Statutes|Health Occupations|Title 12 - Pharmacists and Pharmacies|Subtitle 3 - Licensing|Section 12-317 - Pharmacist Rehabilitation Committees

    (a)    In this section, “pharmacist rehabilitation committee” means a group that:        (1)    Includes at least one pharmacist; and        (2)    Is recognized by the Board.    (b)    For purposes of this section, a pharmacist rehabilitation committee evaluates and provides assistance to any pharmacist, registered pharmacy intern, or registered pharmacy technician in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition.    (c)    (1)    Except as otherwise provided in this section, the proceedings, records, and files of a pharmacist rehabilitation committee are not discoverable and are not admissible in evidence in any civil action arising out of matters that are being or have been reviewed and evaluated by the pharmacist rehabilitation committee.        (2)    Paragraph (1) of this subsection does not apply to any record or document that is considered by the pharmacist rehabilitation committee and that otherwise would be subject to discovery and introduction into evidence in a civil trial.        (3)    For purposes of this subsection, civil action does not include a proceeding before the Board or judicial review of a proceeding before the Board.    (d)    A person who acts in good faith and within the scope of jurisdiction of a pharmacist rehabilitation committee is not civilly liable for any action as a member of the pharmacist rehabilitation committee or for giving information to, participating in, or contributing to the function of the pharmacist rehabilitation committee.
MD. Health Occupations Code Ann. §  12-318 (2021)
2021 Maryland Statutes|Health Occupations|Title 12 - Pharmacists and Pharmacies|Subtitle 3 - Licensing|Section 12-318 - Pharmacy Review Committee

    (a)    In this section, “pharmacy review committee” means an advisory committee appointed by the Board from a pool of Board approved pharmacists to aid the Board in licensing and disciplinary matters.    (b)    A pharmacy review committee shall:        (1)    Evaluate and seek to improve the quality of pharmaceutical care provided by providers of pharmaceutical care;        (2)    Evaluate the need for and the level of performance of pharmaceutical care provided by providers of pharmaceutical care;        (3)    Evaluate the qualifications, competence, and performance of providers of pharmaceutical care; or        (4)    Evaluate and act on matters that relate to the discipline of any provider of pharmaceutical care.    (c)    (1)    This subsection does not apply to:            (i)    A civil action brought by a party to the proceedings of the pharmacy review committee who claims to be aggrieved by the decision of the pharmacy review committee; or            (ii)    Any record or document that is considered by the pharmacy review committee and that otherwise would be subject to discovery and introduction into evidence in a civil trial.        (2)    The proceedings, records, and files of a pharmacy review committee are not discoverable and are not admissible in evidence in any civil action arising out of matters that are being reviewed and evaluated by the pharmacy review committee.    (d)    A person who acts in good faith and within the scope of jurisdiction of a pharmacy review committee is not civilly liable for any action as a member of the pharmacy review committee or for giving information to, participating in, or contributing to the function of the pharmacy review committee.
MD. Health Occupations Code Ann. §  12-319 (2021)
2021 Maryland Statutes|Health Occupations|Title 12 - Pharmacists and Pharmacies|Subtitle 3 - Licensing|Section 12-319 - Injunction by State or Board

    (a)    An action may be maintained in the name of this State or the Board to enjoin:        (1)    The unauthorized practice of pharmacy; or        (2)    Conduct that is a ground for disciplinary action under § 12-313 of this subtitle or § 12-6B-09 of this title.    (b)    An action may be brought by:        (1)    The Board, in its own name;        (2)    The Attorney General, in the name of the State; or        (3)    The State’s Attorney, in the name of the State.    (c)    An action under this section shall be brought in the county where the defendant resides or engages in the actions sought to be enjoined.    (d)    Proof of actual damages or that a person will sustain damage if an injunction is not granted is not required for an action under this section.    (e)    An action under this section is in addition to and not instead of criminal prosecution for unauthorized practice of pharmacy under § 12-701 of this title or disciplinary action under § 12-313 of this subtitle or § 12-6B-09 of this title.
MD. Health Occupations Code Ann. §  12-320 (2021)
2021 Maryland Statutes|Health Occupations|Title 12 - Pharmacists and Pharmacies|Subtitle 3 - Licensing|Section 12-320 - Investigation and Examination

    (a)    In investigating an allegation brought against a licensee, registered pharmacy intern, or registered pharmacy technician under this title, if the Board has reason to believe that a licensee, registered pharmacy intern, or registered pharmacy technician may cause harm to a person affected by the licensee’s practice, the acts of a registered pharmacy intern, or the acts of a registered pharmacy technician, the Board on its own initiative may direct the licensee, registered pharmacy intern, or registered pharmacy technician to submit to an appropriate examination by a health care provider designated by the Board.    (b)    In return for the privilege given to a licensee to practice pharmacy, a registered pharmacy intern to practice pharmacy under the direct supervision of a pharmacist, or a registered pharmacy technician to perform delegated pharmacy acts in the State, the licensee, registered pharmacy intern, or registered pharmacy technician is deemed to have:        (1)    Consented to submit to an examination under this section, if requested by the Board in writing; and        (2)    Waived any claim of privilege as to the testimony or examination reports of a health care provider.    (c)    The failure or refusal of a licensee, a registered pharmacy intern, or registered pharmacy technician to submit to an examination required under this section is prima facie evidence of the licensee’s inability to practice pharmacy competently, the registered pharmacy intern’s inability to practice pharmacy competently under the direct supervision of a pharmacist, or the registered pharmacy technician’s inability to perform delegated pharmacy acts, unless the Board finds that the failure or refusal was beyond the control of the licensee, registered pharmacy intern, or registered pharmacy technician.    (d)    The Board shall pay the cost of any examination made under this section.
MD. Health Occupations Code Ann. §  12-401 (2021)
2021 Maryland Statutes|Health Occupations|Title 12 - Pharmacists and Pharmacies|Subtitle 4 - Pharmacy Permits|Section 12-401 - Pharmacy Permit Required

    (a)    A person shall hold a pharmacy permit issued by the Board before the person may establish or operate a pharmacy in this State.    (b)    A separate pharmacy permit is required for each pharmacy that a person establishes or operates.
MD. Health Occupations Code Ann. §  12-402 (2021)
2021 Maryland Statutes|Health Occupations|Title 12 - Pharmacists and Pharmacies|Subtitle 4 - Pharmacy Permits|Section 12-402 - Qualifications of Applicants

    To qualify for a pharmacy permit, an applicant shall satisfy the Board that the pharmacy for which the application is made will be operated in accordance with the standards specified in § 12-403 of this subtitle.
MD. Health Occupations Code Ann. §  12-404 (2021)
2021 Maryland Statutes|Health Occupations|Title 12 - Pharmacists and Pharmacies|Subtitle 4 - Pharmacy Permits|Section 12-404 - Application for Pharmacy Permits

    (a)    To apply for a pharmacy permit, an applicant shall:        (1)    Submit an application to the Board on the form that the Board requires; and        (2)    Pay to the Board an application fee set by the Board.    (b)    For each pharmacy permit for which a person applies, the person shall submit a separate application and pay a separate application fee.
MD. Health Occupations Code Ann. §  12-405 (2021)
2021 Maryland Statutes|Health Occupations|Title 12 - Pharmacists and Pharmacies|Subtitle 4 - Pharmacy Permits|Section 12-405 - Issuance of Pharmacy Permit; Notice of Denial

    (a)    The Board shall issue a pharmacy permit to any applicant who meets the requirements of this title.    (b)    If the Board denies a pharmacy permit to an applicant, it shall give the applicant written notice of its decision and the reasons for the denial.
MD. Health Occupations Code Ann. §  12-406 (2021)
2021 Maryland Statutes|Health Occupations|Title 12 - Pharmacists and Pharmacies|Subtitle 4 - Pharmacy Permits|Section 12-406 - Scope of Pharmacy Permit

    (a)    A pharmacy permit authorizes the pharmacy permit holder to establish and operate the pharmacy while the pharmacy permit is effective.    (b)    (1)    Subject to paragraphs (2) and (3) of this subsection, a pharmacy permit holder may conduct wholesale distribution, if:            (i)    The wholesale distribution business does not exceed 5% of the pharmacy permit holder’s annual sales; and            (ii)    The pharmacy permit holder:                1.    Maintains records of wholesale distribution separately from its other records; and                2.    Makes the records of wholesale distribution available for inspection by the Board.        (2)    A pharmacy permit holder that obtains a waiver from the Board under § 12–403(d) of this subtitle may conduct wholesale distribution only with another pharmacy permit holder.        (3)    A retail pharmacy that holds a pharmacy permit may conduct wholesale distribution only with:            (i)    Another pharmacy permit holder; and            (ii)    A wholesale distributor if the retail pharmacy:                1.    Reports to the Board that the retail pharmacy is conducting wholesale distribution with a wholesale distributor; and                2.    A.    Maintains records of wholesale distribution with wholesale distributors separately from its records of wholesale distribution with pharmacy permit holders; and                B.    Makes the records of wholesale distribution available for inspection by the Board.
MD. Health Occupations Code Ann. §  12-407 (2021)
2021 Maryland Statutes|Health Occupations|Title 12 - Pharmacists and Pharmacies|Subtitle 4 - Pharmacy Permits|Section 12-407 - Term and Renewal of Pharmacy Permits

    (a)    A pharmacy permit expires on the May 31 after its effective date, unless the pharmacy permit is renewed for a 2–year term as provided in this section.    (b)    (1)    Except as provided in paragraph (2) of this subsection, on or before March 1 of the year the permit expires, the Board shall send to each pharmacy permit holder a renewal notice for each pharmacy permit by first–class mail to the last known address of the pharmacy permit holder.        (2)    If requested by a pharmacy permit holder, the Board shall send to the pharmacy permit holder, at least two times within the month before a pharmacy permit expires, a renewal notice for each pharmacy permit by electronic means to the last known electronic address of the pharmacy permit holder.        (3)    If a renewal notice sent by electronic means under paragraph (2) of this subsection is returned to the Board as undeliverable, the Board shall send to the pharmacy permit holder a renewal notice for each pharmacy permit by first–class mail to the last known address of the pharmacy permit holder.        (4)    A renewal notice sent under this subsection shall state:            (i)    The date on which the current pharmacy permit expires;            (ii)    The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the pharmacy permit expires; and            (iii)    The amount of the renewal fee.    (c)    Before the pharmacy permit expires, the pharmacy permit holder periodically may renew it for an additional 2–year term, if the pharmacy permit holder:        (1)    Otherwise is entitled to the pharmacy permit;        (2)    Pays to the Board a renewal fee set by the Board; and        (3)    Submits a renewal application to the Board on the form that the Board provides.    (d)    The Board shall renew the pharmacy permit of each pharmacy permit holder who meets the requirements of this section.    (e)    If application for renewal is not made on or before May 1, the pharmacy permit shall expire on the last day of its term and the Board may not reinstate the pharmacy permit unless the applicant:        (1)    Provides reason, sufficient to the Board, for the failure to file within the time required; and        (2)    Pays, in addition to the renewal fee, a late fee set by the Board.
MD. Health Occupations Code Ann. §  12-408 (2021)
2021 Maryland Statutes|Health Occupations|Title 12 - Pharmacists and Pharmacies|Subtitle 4 - Pharmacy Permits|Section 12-408 - Nontransferability of Pharmacy Permits; Display of Pharmacy Permits

    (a)    A pharmacy permit is not transferable.    (b)    Each pharmacy permit shall be displayed conspicuously in the pharmacy for which it is issued.
MD. Health Occupations Code Ann. §  12-409 (2021)
2021 Maryland Statutes|Health Occupations|Title 12 - Pharmacists and Pharmacies|Subtitle 4 - Pharmacy Permits|Section 12-409 - Suspensions and Revocations -- Grounds

    (a)    Subject to the hearing provisions of § 12–411 of this subtitle, the Board may suspend or revoke any pharmacy permit, if the pharmacy:        (1)    Is conducted so as to endanger the public health or safety;        (2)    Violates any of the standards specified in § 12–403 of this subtitle; or        (3)    Otherwise is not conducted in accordance with the law.    (b)    (1)    A nonresident pharmacy is subject to the disciplinary actions stated in this subtitle.        (2)    The Board may fine a nonresident pharmacy in accordance with § 12–410 of this subtitle or deny, revoke, or suspend the permit of a nonresident pharmacy for any violation of § 12–403(e) through (h) of this subtitle.
MD. Health Occupations Code Ann. §  12-410 (2021)
2021 Maryland Statutes|Health Occupations|Title 12 - Pharmacists and Pharmacies|Subtitle 4 - Pharmacy Permits|Section 12-410 - Penalty Instead of Suspension or in Addition to Suspension or Revocation

    (a)    If after a hearing under § 12-411 of this subtitle the Board finds that there are grounds under § 12-409 of this subtitle to suspend or revoke a permit, the Board may impose a penalty not exceeding $10,000:        (1)    Instead of suspending the permit; or        (2)    In addition to suspending or revoking the permit.    (b)    The Board shall adopt rules and regulations to set standards for the imposition of penalties under this section.    (c)    The Board shall pay any penalty collected under this section into the General Fund of this State.
MD. Health Occupations Code Ann. §  12-411 (2021)
2021 Maryland Statutes|Health Occupations|Title 12 - Pharmacists and Pharmacies|Subtitle 4 - Pharmacy Permits|Section 12-411 - Hearings

    (a)    Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 12-409 of this subtitle or any action to suspend or revoke a pharmacy permit under any other section of this title, it shall give the person against whom the action is contemplated an opportunity for a hearing before the Board.    (b)    The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.    (c)    If after due notice the person against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.
MD. Health Occupations Code Ann. §  12-412 (2021)
2021 Maryland Statutes|Health Occupations|Title 12 - Pharmacists and Pharmacies|Subtitle 4 - Pharmacy Permits|Section 12-412 - Review

    (a)    Any person whose application for a pharmacy permit has been denied or whose pharmacy permit has been suspended or revoked under this title may petition for judicial review as allowed by the Administrative Procedure Act.    (b)    If an appeal is taken under this section, the Board may stay its order of suspension or revocation pending the decision of the court.
MD. Health Occupations Code Ann. §  12-413 (2021)
2021 Maryland Statutes|Health Occupations|Title 12 - Pharmacists and Pharmacies|Subtitle 4 - Pharmacy Permits|Section 12-413 - Entry and Inspection

    (a)    During business hours, the Secretary, the Board, or the agents of either may enter any permit holder’s pharmacy and inspect for compliance with federal and State laws and regulations:        (1)    Any drugs or devices, dentifrices, domestic remedies, and toilet articles that are in the pharmacy;        (2)    Any records or publications that are required to be kept by a pharmacy under this title; and        (3)    The facility.    (b)    At the direction of the Secretary, the Board, the Chief of the Office of Controlled Substances Administration, or their agents may enter a permit holder’s pharmacy at any time and investigate with law enforcement officers pursuant to a valid warrant.    (c)    A person may not hinder an inspection or an investigation conducted under this section.