reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Health Occupations › Title 11 - Optometrists › Subtitle 3 - Licensing › Section 11-315 - Hearings and Investigations

(a)    Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 11-313 of this subtitle, it shall give the licensee 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 individual may be represented at the hearing by counsel.
(d)    The Board may issue subpoenas in connection with any investigation of charges under § 11-313 of this subtitle or proceeding under this section.
(e)    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.
2023 Maryland Statutes › Health Occupations › Title 11 - Optometrists › Subtitle 3 - Licensing › Section 11-316 - Findings and Order of Board

(a)    If the Board finds that there are grounds under § 11-313 of this subtitle for action, the Board shall pass an order in accordance with the Administrative Procedure Act.
(b)    If the Board finds that there are no grounds under § 11-313 of this subtitle for action, the Board:
(1)    Immediately shall dismiss the charges and exonerate the licensee;
(2)    Shall expunge all records that relate to the charges; and
(3)    May not take any further action on the charges.
2023 Maryland Statutes › Health Occupations › Title 11 - Optometrists › Subtitle 3 - Licensing › Section 11-317 - Order of Suspension or Revocation

(a)    The Board shall include in any order of suspension or revocation the specific terms and conditions of the suspension or revocation.
(b)    Except as provided in § 11-318(c) of this subtitle for a stay pending review, when the Board files an order of suspension or revocation, it is effective, in accordance with its terms and conditions, immediately.
(c)    The Board shall keep a copy of each order of suspension or revocation as a permanent record.
2023 Maryland Statutes › Health Occupations › Title 11 - Optometrists › Subtitle 3 - Licensing › Section 11-318 - Review

(a)    Except as provided in this section for an action under § 11–313 of this subtitle, 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 § 11–313 of this subtitle may not appeal to the Secretary but may take a direct judicial appeal as provided in the Administrative Procedure Act.
(c)    If an optometrist seeks judicial review of an order of suspension or revocation by the Board, the order shall be stayed until the optometrist’s judicial remedies are exhausted.
2023 Maryland Statutes › Health Occupations › Title 11 - Optometrists › Subtitle 3 - Licensing › Section 11-319 - Reinstatement of Suspended or Revoked License

The Board may reinstate the license of any individual whose license has been suspended or revoked under this title only in accordance with:
(1)    The terms and conditions of the order of suspension or revocation;
(2)    An order of reinstatement issued by the Board; or
(3)    A final judgment in any proceeding for review.
2023 Maryland Statutes › Health Occupations › Title 11 - Optometrists › Subtitle 3 - Licensing › Section 11-320 - Cease and Desist Order or Injunction

(a)    This section does not apply to:
(1)    An individual licensed under Title 14, Subtitle 3 of this article; or
(2)    An individual supervised by an individual licensed under Title 14, Subtitle 3 of this article.
(b)    The Board may issue a cease and desist order or obtain injunctive relief for a violation of any provision of § 11–313 of this subtitle or § 11–501, § 11–502, or § 11–504 of this title.
(c)    (1)    An action may be maintained in the name of the State or the Board to enjoin:
(i)    The unauthorized practice of optometry;
(ii)    The misrepresentation of the practice of optometry;
(iii)    The act of knowingly dispensing contact lenses or replacement contact lenses without a valid and unexpired prescription or a replacement contact lens prescription; or
(iv)    Conduct that is grounds for disciplinary action under § 11–313 of this subtitle.
(2)    An action under this subsection may be brought by:
(i)    The Board, in its own name;
(ii)    The Attorney General, in the name of the State; or
(iii)    A State’s Attorney, in the name of the State.
(3)    An action under this subsection shall be brought in the county where the defendant:
(i)    Resides; or
(ii)    Engages in the act sought to be enjoined.
(4)    Proof of actual damage or that any person will sustain any damage if an injunction is not granted is not required for an action under this subsection.
(5)    An action under this subsection is in addition to and not instead of criminal prosecution for disciplinary action under § 11–313 of this subtitle or the unauthorized practice of optometry under §§ 11–501, 11–502, and 11–504 of this title.
2023 Maryland Statutes › Health Occupations › Title 11 - Optometrists › Subtitle 4 - Miscellaneous Provisions › Section 11-401 - Governmental Relations With Optometrists

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Governmental unit” means any board, commission, authority, department, or other administrative agency of this State, a county, or a municipality.
(3)    “Ocular practitioner” means any practitioner who is authorized to provide services within the scope of optometry.
(b)    (1)    Except as provided in this subsection, a governmental unit may not interfere with the complete freedom of the public to choose any ocular practitioner.
(2)    A governmental unit may make an agreement under which an ocular practitioner is to provide optometric services to the employees of a governmental unit.
(c)    A governmental unit shall honor and accept any report, statement, or service made or provided by a licensed optometrist within the scope of optometry to the same extent as if the report, statement, or service was made or provided by a physician.
2023 Maryland Statutes › Health Occupations › Title 11 - Optometrists › Subtitle 4 - Miscellaneous Provisions › Section 11-402 - Duty of Referral

(a)    If, while providing optometric services to a patient, an optometrist or diagnostically certified optometrist detects or diagnoses an active eye pathology which the optometrist is not licensed or certified to treat under § 11-404 or § 11-404.2 of this subtitle, the optometrist shall refer the patient to:
(1)    An ophthalmologist or a therapeutically certified optometrist, as appropriate;
(2)    The patient’s physician;
(3)    A physician if required under a managed care contract; or
(4)    A hospital emergency room or ambulatory surgical center if necessary.
(b)    If, while providing optometric services to a patient, a therapeutically certified optometrist diagnoses an active eye pathology that the optometrist is not certified to treat under § 11-404.2 of this subtitle, the optometrist shall refer the patient to:
(1)    An ophthalmologist;
(2)    The patient’s physician;
(3)    A physician if required under a managed care contract; or
(4)    A hospital emergency room if necessary.
2023 Maryland Statutes › Health Occupations › Title 11 - Optometrists › Subtitle 4 - Miscellaneous Provisions › Section 11-403 - Titles

(a)    A licensed optometrist may:
(1)    Use the title “optometrist”;
(2)    If the optometrist holds the degree of doctor of optics or doctor of optometry from a college or university authorized to give the degree, use the title “Doctor” or the abbreviations “Dr.” or “O.D.” with the optometrist’s name;
(3)    If the optometrist is certified under § 11-404 of this subtitle, use the title “diagnostically certified optometrist”; and
(4)    If the optometrist is certified under § 11-404.1 of this subtitle, use the title “therapeutically certified optometrist”.
(b)    Except as otherwise provided in this section, a licensed optometrist may not attach to the optometrist’s name or use as a title:
(1)    The words or abbreviations “Doctor”, “Dr.”, “M.D.”, “physician”, or “surgeon”, or any other word or abbreviation that suggests that the optometrist practices medicine; or
(2)    Any word or abbreviation that suggests that the optometrist treats diseases or injuries of the human eye, including the words “eye specialist”, “eyesight specialist”, “oculist”, or “ophthalmologist”.
2023 Maryland Statutes › Health Occupations › Title 11 - Optometrists › Subtitle 4 - Miscellaneous Provisions › Section 11-404 - Administration of Drugs, Medicine, Etc

(a)    Unless certified under this section, a licensed optometrist may not administer a topical ocular diagnostic pharmaceutical agent to a patient.
(b)    The Board shall certify a licensed optometrist as qualified to administer topical ocular diagnostic pharmaceutical agents if the licensed optometrist submits to the Board evidence satisfactory to the Board that the licensed optometrist:
(1)    Meets the educational requirements that the Board establishes for certification of qualification to administer topical ocular diagnostic pharmaceutical agents; and
(2)    Has within 7 years before certification completed a course in pharmacology that meets the requirements of subsection (c) of this section.
(c)    The course in pharmacology required by subsection (b) of this section shall:
(1)    Be of at least the length that the Board establishes but not less than 70 course hours;
(2)    Place emphasis on:
(i)    Topical application of ocular diagnostic pharmaceutical agents for the purpose of examining and analyzing ocular functions; and
(ii)    Allergic reactions to ocular diagnostic pharmaceutical agents; and
(3)    Be given by an institution that is:
(i)    Accredited by a regional or professional accrediting organization that is recognized or approved by the United States Commissioner of Education; and
(ii)    Approved by the Board.
(d)    The Board shall revoke the certification of qualification to administer topical ocular diagnostic pharmaceutical agents of any licensed optometrist who does not annually take a course of study, approved by the Board, that relates to the use of those agents.
(e)    Certification of qualification under this section authorizes the licensed optometrist who is certified under this section to administer a topical ocular diagnostic pharmaceutical agent to a patient for diagnostic purposes but not for purposes of treatment.
(f)    Except as expressly authorized under this section for diagnostic purposes or under § 11-404.1 of this subtitle for therapeutic purposes, an optometrist may not administer drugs or medicine to any patient.
(g)    The Department shall collect and report statistical information on the incidences of negative reactions to the administration by optometrists of topical ocular diagnostic pharmaceutical agents.
2023 Maryland Statutes › Health Occupations › Title 11 - Optometrists › Subtitle 4 - Miscellaneous Provisions › Section 11-404.1 - Therapeutically Certified Optometrists -- Certification

(a)    Unless certified under this section, a licensed optometrist may not administer or prescribe any therapeutic pharmaceutical agents or remove superficial foreign bodies from a human eye, adnexa, or lacrimal system.
(b)    (1)    Except as provided in paragraph (2) of this subsection, the Board shall certify a licensed optometrist as a therapeutically certified optometrist if the licensed optometrist submits to the Board evidence satisfactory to the Board that the licensed optometrist:
(i)    Has successfully completed at least 110 hours of a therapeutic pharmaceutical agents course approved by the Board;
(ii)    Has successfully passed a pharmacology examination relating to the treatment and management of ocular disease, which is prepared, administered, and graded by the National Board of Examiners in Optometry or any other nationally recognized optometric organization as approved by the Secretary;
(iii)    Is currently certified by the Board to administer topical ocular diagnostic pharmaceutical agents under § 11-404 of this subtitle; and
(iv)    Has successfully completed an 8-hour course in the management of topical steroids approved by the Board.
(2)    (i)    Except as provided in subparagraph (ii) of this paragraph, an optometrist who has graduated on or after July 1, 2005 from an accredited school of optometry recognized by the Board is not subject to the requirements of paragraph (1) of this subsection.
(ii)    If an optometrist who has graduated on or after July 1, 2005 from an accredited school of optometry recognized by the Board is not certified under this section within 3 years of graduation, the optometrist shall successfully complete a therapeutic pharmaceutical agents course and successfully pass a pharmacology exam under paragraph (1) of this subsection before the Board may certify the optometrist.
2023 Maryland Statutes › Health Occupations › Title 11 - Optometrists › Subtitle 4 - Miscellaneous Provisions › Section 11-404.3 - Therapeutically Certified Optometrists -- Quality Assurance

(a)    The Board shall recommend to the Secretary quality assurance guidelines for therapeutically certified optometrists and optometric care.
(b)    After considering the recommendations of the Board, the Secretary shall adopt regulations that establish standards of quality for therapeutically certified optometrists and optometric care.
2023 Maryland Statutes › Health Occupations › Title 11 - Optometrists › Subtitle 4 - Miscellaneous Provisions › Section 11-405 - Optometrist Rehabilitation Committees

(a)    In this section, “optometrist rehabilitation committee” means a committee that:
(1)    Is defined in subsection (b) of this section; and
(2)    Performs any of the functions listed in subsection (d) of this section.
(b)    For purposes of this section, an optometrist rehabilitation committee is a committee of the Board or a committee of the Maryland Optometric Association that:
(1)    Is recognized by the Board; and
(2)    Includes but is not limited to optometrists.
(c)    A rehabilitation committee of the Board or recognized by the Board may function:
(1)    Solely for the Board; or
(2)    Jointly with a rehabilitation committee representing another board or boards.
(d)    For purposes of this section, an optometrist rehabilitation committee evaluates and provides assistance to any optometrist, and any other individual regulated by the Board, in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition.
(e)    (1)    Except as otherwise provided in this subsection, the proceedings, records, and files of the optometrist 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 optometrist rehabilitation committee.
(2)    Paragraph (1) of this subsection does not apply to any record or document that is considered by the optometrist rehabilitation committee and that otherwise would be subject to discovery or introduction into evidence in any arbitration or civil proceeding.
(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.
(f)    A person who acts in good faith and within the scope of jurisdiction of an optometrist rehabilitation committee is not civilly liable for any action as a member of the optometrist rehabilitation committee or for giving information to, participating in, or contributing to the function of the optometrist rehabilitation committee.
2023 Maryland Statutes › Health Occupations › Title 11 - Optometrists › Subtitle 5 - Prohibited Acts; Penalties › Section 11-504 - Dispensing Lenses Without Valid and Unexpired Prescription

(a)    Knowingly selling or dispensing contact lenses or replacement contact lenses without a valid and unexpired prescription or replacement contact lens prescription shall be considered a violation of this title.
(b)    The Board shall investigate any alleged violation of this section or § 11-404.4 of this title and may, notwithstanding § 11-205 of this title:
(1)    Issue subpoenas, administer oaths, and examine witnesses; and
(2)    Enforce any provision of this title by injunction or other appropriate proceedings.
(c)    An action under this section is in addition to and not instead of criminal prosecution under § 11-505 of this subtitle.
2023 Maryland Statutes › Health Occupations › Title 11 - Optometrists › Subtitle 5 - Prohibited Acts; Penalties › Section 11-505 - Penalties

(a)    A person who violates any provision of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 6 months or both.
(b)    (1)    This subsection does not apply to:
(i)    An individual licensed under Title 14, Subtitle 3 of this article; or
(ii)    An individual supervised by an individual licensed under Title 14, Subtitle 3 of this article.
(2)    A person who violates § 11–501, § 11–502, or § 11–504 of this subtitle is subject to a civil fine not exceeding $50,000 to be assessed by the Board in accordance with regulations adopted by the Board.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 1 - Definitions; General Provisions › Section 12-102.1 - Inspections

(a)    This section does not apply to a licensed dentist who obtains a permit from the State Board of Dental Examiners under § 12–102(h) of this subtitle.
(b)    The Office of Controlled Substances Administration shall enter and inspect the office of a dentist, physician, or podiatrist who holds:
(1)    An initial dispensing permit:
(i)    Within 6 months after receiving the report required under § 12–102(l)(1) of this subtitle; and
(ii)    At least one more time during the duration of the permit; and
(2)    A renewed dispensing permit at least two times during the duration of the permit.
(c)    The Office of Controlled Substances Administration promptly shall report the results of the inspections required under subsection (b) of this section to the respective board of licensure.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 1 - Definitions; General Provisions › Section 12-102.2 - Fees

(a)    This section does not apply to a licensed dentist who obtains a permit from the State Board of Dental Examiners under § 12–102(h) of this subtitle.
(b)    The Board of Dental Examiners, the Board of Physicians, and the Board of Podiatric Medical Examiners shall charge a fee to a dentist, physician, or podiatrist who holds a dispensing permit in an amount that will produce funds to approximate but not exceed the documented costs to the Office of Controlled Substances Administration for inspections of dispensing permit holders.
(c)    Revenues collected by the Board of Dental Examiners, the Board of Physicians, and the Board of Podiatric Medical Examiners under this section shall be paid into the General Fund of the State.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 2 - State Board of Pharmacy › Section 12-203 - Officers

(a)    From among its members, the Board annually shall elect a president, a secretary, and a treasurer.
(b)    The Board shall determine:
(1)    The manner of election of officers; and
(2)    The duties of each officer.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 2 - State Board of Pharmacy › Section 12-204 - Quorum; Meetings; Compensation; Staff

(a)    A majority of the members then serving on the Board is a quorum to do business.
(b)    The Board shall determine the times and places of its meetings.
(c)    Each member of the Board is entitled to:
(1)    Compensation in accordance with the budget of the Board; and
(2)    Reimbursement for expenses at a rate determined by the Board.
(d)    (1)    The Board may employ a staff in accordance with the budget of the Board.
(2)    The Board may designate 1 of its staff as an executive director.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 2 - State Board of Pharmacy › Section 12-205 - Miscellaneous Powers and Duties

(a)    In addition to the powers set forth elsewhere in this title, the Board may adopt:
(1)    Rules and bylaws that are necessary to do its business;
(2)    Rules and regulations to carry out the provisions of this title;
(3)    Rules and regulations that are necessary to protect the public health, safety, and welfare and that establish standards for practicing pharmacy and operating pharmacies, including rules and regulations that govern:
(i)    Methods of advertising and promotion; and
(ii)    Standards for filling and refilling prescriptions; and
(4)    A code of conduct that specifies which behaviors are either required or prohibited in the practice of pharmacy.
(b)    In addition to the duties set forth elsewhere in this title, the Board shall:
(1)    Keep a record that includes:
(i)    The name and place of the business or the home address of each licensed pharmacist, each registered pharmacy technician, and each registered pharmacy intern;
(ii)    The facts concerning the issuance of that pharmacist’s license;
(iii)    The facts concerning the issuance of that pharmacy technician’s registration; and
(iv)    The facts concerning the issuance of that pharmacy intern’s registration;
(2)    Prepare and deliver to the Governor, the Secretary, and the Maryland Pharmacists Association an annual report that:
(i)    Summarizes the condition of pharmacy in this State; and
(ii)    Includes a record of the proceedings of the Board; and
(3)    Disclose any information contained in a record to any health occupations regulatory board or agency of this State or another state if the health occupations regulatory board or agency of this State or another state requests the information in writing.
(c)    In addition to the duties set forth elsewhere in this title, the Board may initiate such programs and projects as deemed necessary to inform or protect the public.
(d)    (1)    The Board shall adopt standards for approving examinations under § 12-6B-02(b)(4) of this title.
(2)    The Board shall approve any examination that meets the standards adopted under paragraph (1) of this subsection including:
(i)    Employer based pharmacy technician examinations;
(ii)    Nationally recognized pharmacy technician examinations; and
(iii)    Examinations for certification as a pharmacy technician.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 2 - State Board of Pharmacy › Section 12-206 - State Board of Pharmacy Fund -- Establishment of Fees; Disposition of Funds

(a)    There is a State Board of Pharmacy Fund.
(b)    (1)    The Board may set reasonable fees for the issuance and renewal of licenses and registrations and its other services.
(2)    The fees charged shall be set so as to produce funds to approximate the cost of maintaining the Board.
(3)    Funds to cover the compensation and expenses of the Board members shall be generated by fees set under this section.
(c)    (1)    The Board shall pay all funds collected under this title to the Comptroller of the State.
(2)    The Comptroller shall distribute the fees to the State Board of Pharmacy Fund.
(d)    (1)    The Fund shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided by the provisions of this article.
(2)    The Fund is a continuing, nonlapsing fund, not subject to § 7-302 of the State Finance and Procurement Article.
(3)    Any unspent portions of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund to be used for the purposes specified in this article.
(4)    No other State money may be used to support the Fund.
(e)    (1)    A designee of the Board shall administer the Fund.
(2)    Moneys in the Fund may be expended only for any lawful purpose authorized under the provisions of this article.
(f)    The Board may allocate moneys from the Fund to a pharmacist rehabilitation committee described in § 12-317 of this title.
(g)    The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2-1220 of the State Government Article.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 3 - Licensing › Section 12-301 - License Required; Exception

(a)    Except as otherwise provided in this title, an individual shall be licensed by the Board before the individual may practice pharmacy in this State.
(b)    This section does not apply to a pharmacy student participating in an experiential learning program of a college or school of pharmacy under the supervision of a licensed pharmacist.
(c)    This section does not apply to a registered pharmacy intern practicing under the direct supervision of a licensed pharmacist.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 3 - Licensing › Section 12-302 - Qualifications of Applicants

(a)    To qualify for a license, an applicant shall be an individual who meets the requirements of this section.
(b)    The applicant shall be of good moral character.
(c)    The applicant shall be at least 18 years old.
(d)    The applicant shall:
(1)    Be a graduate of a school or college of pharmacy that is approved by the Board or accredited by the American Council on Pharmaceutical Education; and
(2)    Have completed the professional experience program that the Board requires.
(e)    Except as otherwise provided in this title, the applicant shall pass an examination given by the Board under this subtitle.
(f)    (1)    In this subsection, “foreign school or college of pharmacy” means a school or college of pharmacy that is not located in any state in the United States.
(2)    The Board may waive the requirements of subsection (d)(1) of this section for an applicant who is a graduate of a foreign school or college of pharmacy, provided that the applicant passes an examination approved by the Board in addition to the examinations otherwise given by the Board under this subtitle.
(g)    (1)    Except as otherwise provided in this subsection, the Board shall require, as part of its examination or licensing procedures, an applicant for a license to practice pharmacy to demonstrate an oral competency in the English language by passing a Board approved standardized test of oral competency.
(2)    The Board shall adopt regulations that establish a procedure for testing an individual who because of the individual’s speech or hearing impairment is unable to complete satisfactorily a Board approved standardized test of oral competency.
(3)    If any disciplinary charge or action that relates to a problem with the oral communication of the English language is brought against a licensee under this title, the Board shall require the licensee to pass a Board approved standardized test of oral competency.
(4)    The Board may not require an applicant for a license to practice pharmacy, who was previously licensed in another state to practice pharmacy, to demonstrate an oral competency in the English language, if the other state’s examination and licensing procedures at the time the applicant was licensed in the other state included an oral competency component similar to the oral competency component in this State’s examination and licensing procedures.
(5)    Graduation from a recognized English–speaking professional school accredited by the Accreditation Council for Pharmacy Education is acceptable as proof of proficiency in the oral communication of the English language under this subsection.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 3 - Licensing › Section 12-303 - Applications for Licenses

(a)    To apply for a license, an applicant shall:
(1)    Submit an application to the Board on the form that the Board requires; and
(2)    Pay the application fees set by the Board.
(b)    An application shall be signed and verified by the applicant as to completion of the required professional experience program.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 3 - Licensing › Section 12-304 - Examinations

(a)    An applicant who otherwise qualifies for a license is entitled to be examined as provided in this section.
(b)    The Board shall give examinations to applicants at least twice a year, at the times and places that the Board determines.
(c)    The Board shall notify each qualified applicant of the time and place of examination.
(d)    The Board shall determine the subjects, scope, form, and passing score for examinations given under this subtitle.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 3 - Licensing › Section 12-305 - Waiver of Examination Requirements

(a)    Subject to the provisions of this section, the Board may waive any examination requirement of this title for an applicant who is licensed to practice pharmacy in any other state, if that state grants a similar waiver to licensees of this State.
(b)    The Board may grant a waiver under this section only if the applicant:
(1)    Is of good moral character;
(2)    Pays the application fees set by the Board; and
(3)    Provides adequate evidence that the applicant:
(i)    Meets the qualifications otherwise required by this title; and
(ii)    Became licensed or registered in the other state to practice pharmacy only after passing an examination that is approved by the Board.
(c)    The Board shall adopt by regulation an examination to be administered to applicants who are licensed to practice pharmacy in any other state.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 3 - Licensing › Section 12-307 - Scope of License; Pharmacy Permits; Exceptions

(a)    A license authorizes the licensee to practice pharmacy while the license is effective.
(b)    Except as otherwise provided in this section, a pharmacist may engage in dispensing or distributing only from a pharmacy holding a pharmacy permit issued by the Board.
(c)    (1)    Pursuant to regulations adopted by the Board, a licensed pharmacist may engage in dispensing or distributing from a setting not holding a pharmacy permit only upon receiving the prior approval of the Board.
(2)    The Board shall adopt regulations that authorize a pharmacist to dispense or distribute from a remote location for the benefit of a health care facility that uses a remote automated medication system in accordance with § 12–605 of this title.
(d)    A licensed pharmacist may delegate pharmacy acts to a registered pharmacy technician, pharmacy student, or pharmacy technician trainee provided that the delegated pharmacy acts:
(1)    Are directly supervised by a licensed pharmacist;
(2)    Are not required to be performed by a licensed pharmacist;
(3)    Are within the education, training, experience, and area of practice of the delegating licensed pharmacist; and
(4)    Are appropriate to the education, training, and experience of the registered pharmacy technician, pharmacy student, or pharmacy technician trainee.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 3 - Licensing › Section 12-308 - Term and Renewal of Licenses

(a)    (1)    A license expires on the date set by the Board unless it is renewed for an additional term as provided in this section.
(2)    A license may not be renewed for a term longer than 2 years.
(b)    (1) Except as provided in paragraph (2) of this subsection,  the Board shall send to each licensee, at least 1 month before a  license expires, a renewal notice by first–class mail to the last  known address of the licensee.
(2)    If requested by a licensee, the Board shall send to  the licensee, at least two times within the month before a license  expires, a renewal notice by electronic means to the last known  electronic address of the licensee.
(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 licensee a renewal  notice by first–class mail to the last known address of the licensee.
(4)    A renewal notice sent under this subsection shall  state:
(i)    The date on which the current license 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 license expires; and
(iii)    The amount of the renewal fee.
(c)    Before the license expires, the licensee periodically may renew it for an additional term set by the Board in its regulations, if the licensee:
(1)    Otherwise is entitled to be licensed;
(2)    Pays to the Board a renewal fee set by the Board; and
(3)    Submits to the Board:
(i)    A renewal application on the form that the Board requires; and
(ii)    Satisfactory evidence of compliance with the continuing education requirements set under this subtitle for license renewal.
(d)    The Board shall renew the license of and issue a renewal certificate to each licensee who meets the requirements of this section.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.