reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 5 - Practice of Pharmacy and Operation of Pharmacies › Section 12-501 - Refusal to Dispense or Refill Prescription

(a)    A pharmacist may refuse to dispense or refill a prescription if the decision is based on professional judgment, experience, knowledge, or available reference materials.
(b)    (1)    Except as provided in paragraph (2) of this subsection, if a pharmacist refuses to dispense or refill a prescription, the pharmacist shall, to the extent practicable, notify the authorized prescriber that the prescription or refill was refused within 72 hours after the refusal.
(2)    Paragraph (1) of this subsection does not apply if a pharmacist is unable to determine the name of the authorized prescriber.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 5 - Practice of Pharmacy and Operation of Pharmacies › Section 12-502 - Pharmaceutical Information

(a)    In the operation of a pharmacy, only a licensed pharmacist or an individual engaging in a professional experience program and acting under the direct supervision of a licensed pharmacist may provide information to the public or a health care practitioner concerning prescription or nonprescription drugs or devices including information as to their therapeutic values, potential side effects, and use in the treatment and prevention of diseases.
(b)    A licensed pharmacist shall give a patient who requests, in person or by telephone, the current price of a prescription drug or device that the pharmacy offers for sale to the public.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 5 - Practice of Pharmacy and Operation of Pharmacies › Section 12-503 - Dating of Prescription by Authorized Prescriber; Time Limit for Filling Prescription

(a)    An authorized prescriber who issues a prescription shall indicate on the prescription the date of its issuance.
(b)    Unless otherwise instructed by the authorized prescriber who issues the prescription, a pharmacist may not dispense any drug or device on a prescription presented more than 120 days after the date the prescription was issued.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 5 - Practice of Pharmacy and Operation of Pharmacies › Section 12-504.1 - Dispensing Biological Products

(a)    Except as provided in subsection (d) of this section, within 5 business days after dispensing a biological product to a patient, the dispensing pharmacist or the pharmacist’s designee shall communicate the specific biological product dispensed, including the name and manufacturer of the biological product, to the prescriber.
(b)    Except as provided in subsection (c) of this section:
(1)    The communication required under subsection (a) of this section shall be provided by making an entry that is electronically accessible to the prescriber through:
(i)    An interoperable electronic medical records system;
(ii)    An electronic prescribing technology;
(iii)    A pharmacy benefits management system; or
(iv)    A pharmacy record; and
(2)    Making an entry through a mechanism listed in paragraph (1) of this subsection is presumed to provide the communication to the prescriber required under subsection (a) of this section.
(c)    If the mechanisms listed in subsection (b)(1) of this section are not available, the communication required under subsection (a) of this section may be provided by facsimile, telephone, electronic transmission, or other means.
(d)    The communication requirement under subsection (a) of this section does not apply if:
(1)    The United States Food and Drug Administration has not approved an interchangeable biological product for the biological product prescribed to the patient; or
(2)    A refill prescription is not changed from the biological product dispensed on the most recent filling of the prescription.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 5 - Practice of Pharmacy and Operation of Pharmacies › Section 12-505 - Labeling Requirements for Prescription Medicines

(a)    Except for a drug or device dispensed to an inpatient in a hospital or related institution, each container of a drug or device dispensed shall be labeled in accordance with this section.
(b)    In addition to any other information required by law, the label shall include:
(1)    The date the prescription is filled; and
(2)    Unless otherwise required by the prescriber:
(i)    For drugs or devices dispensed in a container other than the manufacturer’s original packaging, an expiration date of the drugs or devices which shall be the lesser of:
1.    1 year from the date of dispensing;
2.    The month and year when the drugs or devices expire;
3.    The appropriate expiration date for repackaged drugs or devices; or
4.    A shorter period as determined by the pharmacist;
(ii)    For drugs or devices dispensed in the manufacturer’s original packaging, an expiration date of the drugs or devices which shall be:
1.    The expiration date set by the manufacturer; or
2.    A shorter period as determined by the pharmacist;
(iii)    Any appropriate special handling instructions regarding proper storage of the drugs or devices; and
(iv)    Subject to the provisions of subsection (c) of this section, the name and strength of the drugs or devices.
(c)    (1)    Except as provided in paragraph (2) of this subsection, the label shall indicate the same name for the drug or device as that used by the authorized prescriber.
(2)    If, under § 12–504 of this subtitle, the pharmacist substitutes a drug or device product for that named by the authorized prescriber, the label shall indicate both the name of the drug or device product and the name of the manufacturer or distributor of the drug or device dispensed.
(d)    (1)    Except as provided in this subsection, if an authorized prescriber dispenses a drug or device, the prescriber shall label each container of the drug or device.
(2)    In addition to any other information required by law, the authorized prescriber shall include on the label:
(i)    The name and strength of the drug or device;
(ii)    The date the prescription is dispensed;
(iii)    An expiration date of the drug or device which shall be the lesser of:
1.    1 year from the date of dispensing;
2.    The month and year when the drug or device expires; or
3.    A shorter period as determined by the authorized prescriber; and
(iv)    Any appropriate special handling instructions regarding proper storage of the drug or device.
(3)    The labeling requirements of this subsection do not apply if the authorized prescriber dispenses the drug or device:
(i)    To an inpatient in a hospital or related institution;
(ii)    In an emergency situation; or
(iii)    As a sample drug or device dispensed in the regular course of the authorized prescriber’s practice.
(e)    So long as any of the original contents remain in the container, a person may not alter, deface, or remove any label required by this section.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 5 - Practice of Pharmacy and Operation of Pharmacies › Section 12-506 - Guidelines for Unauthorized Refills

(a)    A pharmacist may refill a prescription for a drug or device for which the refill has not been authorized if:
(1)    The pharmacist:
(i)    Attempts to obtain an authorization from the authorized prescriber; and
(ii)    Is not able readily to obtain the authorization;
(2)    The refill of the prescription is not for a controlled dangerous substance;
(3)    The drug or device is essential to the maintenance of life;
(4)    (i)    The drug or device is essential to the continuation of therapy in chronic conditions; and
(ii)    In the pharmacist’s professional judgment, the interruption of the therapy reasonably might produce an undesirable health consequence, be detrimental to the patient’s welfare, or cause physical or mental discomfort;
(5)    The pharmacist:
(i)    Enters on the back of the prescription or on another appropriate uniformly maintained, readily retrievable record, such as a medication record, the date and the quantity of the drug or device dispensed; and
(ii)    Signs or initials the record; and
(6)    The pharmacist notifies the authorized prescriber of the refill of the prescription within 72 hours of dispensing the drug or device.
(b)    If a pharmacist refills a prescription under subsection (a) of this section, the pharmacist may provide only 1 refill of the prescription and the refill quantity dispensed shall be in conformity with the prescriber’s directions for use and may not exceed a 14-day supply or unit of use.
(c)    If the federal or a state government declares a state of emergency, a pharmacist working in Maryland may refill a prescription for a drug for which the refill has not been authorized if:
(1)    As a result of the emergency, the pharmacist is unable to obtain an authorization from the authorized prescriber;
(2)    The refill of the prescription is not for a controlled dangerous substance;
(3)    The quantity dispensed does not exceed a 30–day supply or unit of use; and
(4)    The pharmacist notifies the authorized prescriber of the refill of the prescription within 7 days of dispensing the drug.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 5 - Practice of Pharmacy and Operation of Pharmacies › Section 12-507 - Consultation With Medical Assistance Recipients and Caregivers; Records

(a)    A pharmacist who provides prescription services to medical assistance recipients shall offer to discuss with each medical assistance recipient or caregiver who presents a prescription order for outpatient drugs any matter which, in the exercise of the pharmacist’s professional judgment, the pharmacist deems significant, which may include the following:
(1)    The name and description of the medication;
(2)    The route, dosage form, dosage, route of administration, and duration of drug therapy;
(3)    Special directions and precautions for preparation, administration, and use by the patient;
(4)    Common severe side or adverse effects or interactions and therapeutic contraindications that may be encountered, including their avoidance, and the action required if they occur;
(5)    Techniques for self-monitoring drug therapy;
(6)    Proper storage;
(7)    Prescription refill information; and
(8)    Action to be taken in the event of a missed dose.
(b)    The offer to discuss may be made in the manner determined by the professional judgment of the pharmacist, which shall include either:
(1)    A face-to-face communication with the pharmacist; or
(2)    At least 2 of the following:
(i)    A sign posted so it can be seen by patients;
(ii)    A notation affixed to or written on the bag in which the prescription is to be dispensed;
(iii)    A notation contained on the prescription container; or
(iv)    Communication by telephone.
(c)    Nothing in this section shall be construed as requiring a pharmacist to provide consultation if the medical assistance recipient or caregiver refuses the consultation.
(d)    A pharmacist must make a reasonable effort to obtain, record, and maintain, at the individual pharmacy, at least the following information regarding a medical assistance recipient:
(1)    Name, address, telephone number, date of birth or age, and gender;
(2)    Individual history when significant, including disease state or states, known allergies and drug reactions, and a comprehensive list of medications and relevant devices; and
(3)    Pharmacist comments relevant to the individual’s drug therapy which may be recorded either manually or electronically in the patient’s profile.
(e)    This section shall apply only to medical assistance recipients presenting prescriptions for covered outpatient drugs.
(f)    The requirements of this section do not apply to refill prescriptions.
(g)    The Secretary, after consultation with the Maryland Pharmacists Association and the Maryland Association of Chain Drug Stores, shall adopt regulations in accordance with pharmacy practices in Maryland to implement the provisions of this section.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 5 - Practice of Pharmacy and Operation of Pharmacies › Section 12-510 - Compounded Nonsterile or Sterile Preparations

(a)    Except as provided in subsection (b) of this section, a pharmacist may provide compounded nonsterile preparations or compounded sterile preparations without a patient–specific prescription to a licensed veterinarian who intends to dispense the compounded nonsterile preparations or compounded sterile preparations in accordance with § 2–313(c) of the Agriculture Article if the pharmacist:
(1)    Complies with USP 795 or USP 797, as applicable;
(2)    Labels the compounded nonsterile preparations or compounded sterile preparations with:
(i)    The name and strength of the compounded nonsterile preparations or compounded sterile preparations or a list of the active ingredients and the strength of the active ingredients in the compounded nonsterile preparations or compounded sterile preparations;
(ii)    An appropriate beyond–use date as determined by the pharmacist in accordance with USP–NF standards for pharmacy compounding;
(iii)    The quantity of compounded nonsterile preparations or compounded sterile preparations; and
(iv)    The name, address, and license number of the pharmacy; and
(3)    Complies with applicable federal law and regulations.
(b)    (1)    This subsection does not apply to dispensing compounded nonsterile preparations or compounded sterile preparations dispensed for a patient–specific prescription.
(2)    A pharmacy may not provide compounded nonsterile preparations or compounded sterile preparations compounded using bulk drug substances to a licensed veterinarian:
(i)    In an amount greater than 10% of the total amount of drug products sold or dispensed from the pharmacy; or
(ii)    If the compounded nonsterile preparations or compounded sterile preparations are copies or close approximations to products approved by the federal Food and Drug Administration.
(3)    For purposes of the limitation established in paragraph (2)(i) of this subsection:
(i)    The calculation shall be made on an annual basis and use the number of dosage units sold or dispensed; and
(ii)    For nonresident pharmacies, the total amount of drug products sold or dispensed shall be the pharmacy’s total business within the State.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 5 - Practice of Pharmacy and Operation of Pharmacies › Section 12-512 - Single Dispensing of Prescription Drugs by Pharmacist

(a)    In this section, “authorized prescriber” has the meaning stated in § 12–101 of this title.
(b)    This section does not apply to:
(1)    A controlled dangerous substance as defined in § 5–101 of the Criminal Law Article; or
(2)    The first prescription or change in a prescription for a drug that an authorized prescriber prescribes for a patient.
(c)    Except as provided in subsection (d) of this section, a pharmacist may dispense, in a single dispensing and exercising the professional judgment of the pharmacist, a quantity of a prescription drug that:
(1)    Is up to the total number of dosage units authorized by the prescriber on the original prescription and any refills of the prescription;
(2)    Except for a contraceptive dispensed on or after January 1, 2020, does not exceed a 90–day supply of the prescription drug; and
(3)    For a contraceptive dispensed on or after January 1, 2020, does not exceed a 12–month supply of the prescription drug.
(d)    A pharmacist may not dispense, in a single dose, a quantity of a prescription drug that exceeds the limit prescribed by a prescriber when the prescriber has indicated that the prescription be dispensed only as prescribed.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 5 - Practice of Pharmacy and Operation of Pharmacies › Section 12-513 - Advance Notice of Certain Pharmacy Closings -- Certain Information Included in Notice -- Adoption of Regulations

(a)    Before the closing of a pharmacy for more than 7 consecutive days, at least 14 days before the anticipated closing of the pharmacy, the owner of the pharmacy shall provide notice of the closing by:
(1)    Posting a notice:
(i)    That is conspicuously positioned in the pharmacy and readable by pharmacy customers; and
(ii)    If applicable, on the pharmacy’s website; and
(2)    Providing written and verbal notice to each customer who picks up a prescription or refill.
(b)    Each notice shall indicate:
(1)    The date of the anticipated closing of the pharmacy, if available;
(2)    The name of the pharmacy to which the closing pharmacy will transfer pharmacy customers’ prescriptions and records; and
(3)    That a pharmacy customer may request the closing pharmacy to send the pharmacy customer’s prescriptions and records to another pharmacy.
(c)    The Board shall adopt regulations to:
(1)    Define “closing of a pharmacy”; and
(2)    Provide exceptions to the requirements of this section.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 5 - Practice of Pharmacy and Operation of Pharmacies › Section 12-514 - Nicotine Replacement Therapy Medications -- Adoption of Regulations -- Items Included

(a)    A pharmacist who meets the requirements of the regulations adopted under this section may prescribe and dispense nicotine replacement therapy medications.
(b)    (1)    On or before September 1, 2023, the Board shall adopt regulations establishing:
(i)    Standard procedures that a pharmacist shall use to:
1.    Prescribe and dispense to a patient the appropriate nicotine replacement therapy medication; and
2.    Refer the patient to a primary care practitioner for treatment; and
(ii)    The conditions under which a pharmacist may prescribe and dispense nicotine replacement therapy medication.
(2)    The regulations shall require a pharmacist to:
(i)    Except as provided in paragraph (3) of this subsection, complete a training program approved by the Board for prescribing and dispensing nicotine replacement therapy medication;
(ii)    Follow the standard procedures established by the Board; and
(iii)    After prescribing and dispensing to a patient nicotine replacement therapy medication:
1.    Refer the patient for any additional care to the patient’s primary care practitioner;
2.    Provide the patient with:
A.    A written record of the nicotine replacement therapy medication dispensed; and
B.    Information on the importance of the patient seeing the patient’s primary care practitioner; and
3.    Record the prescribing and dispensing of the nicotine replacement therapy medication in any electronic health record maintained for the patient by the pharmacist.
(3)    The regulations shall waive the requirement to complete the training program under paragraph (2)(i) of this subsection for a pharmacist who already has undergone the training as part of the pharmacist’s formal educational program.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 6 - Board Regulation of Drugs, Medicines, and Other Products › Section 12-601 - Disciplinary Actions

(a)    Subject to the hearing provisions of § 12–315 of this title, for a violation of  this subtitle, Subtitle 6C of this title, or any regulation adopted under Subtitle 6C of this title, the Board may:
(1)    Deny a permit to an applicant;
(2)    Reprimand a permit holder;
(3)    Place a permit holder on probation; or
(4)    Suspend or revoke a permit.
(b)    A person aggrieved by a final action of the Board under this subtitle or Subtitle 6C of this title may appeal as provided under Title 10, Subtitle 2 of the State Government Article.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 6 - Board Regulation of Drugs, Medicines, and Other Products › Section 12-604 - General Power to Inspect Drugs, Medicines, and Other Products

(a)    The Secretary, the Board, or the agents of either, during business hours, may:
(1)    Enter any place where drugs, devices, diagnostics, cosmetics, dentifrices, domestic remedies, or toilet articles are manufactured, packaged, stocked, or offered for sale; and
(2)    Inspect the drugs, devices, diagnostics, cosmetics, dentifrices, domestic remedies, and toilet articles there.
(b)    (1)    A pharmacy in this State issued a permit by the Board and subject to inspection under subsection (a) of this section shall be inspected annually.
(2)    A nonresident pharmacy:
(i)    Is subject to inspection under subsection (a) of this section by the Secretary, the Board, or the agents of either; and
(ii)    On application for and renewal of a pharmacy permit in this State, shall submit a copy of the most recent inspection report resulting from an inspection conducted by the regulatory or licensing agency of the state in which the nonresident pharmacy is located.
(c)    A person may not hinder an inspection conducted under this section.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 6A - Therapy Management Contracts › Section 12-6A-01 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Authorized prescriber” means a licensed physician, licensed podiatrist, or certified advanced practice nurse with prescriptive authority under § 8–508 of this article.
(c)    “Group model health maintenance organization” has the meaning stated in § 19–713.6 of the Health – General Article.
(d)    “Health maintenance organization” has the meaning stated in § 19–701(g) of the Health – General Article.
(e)    (1)    “Institutional facility” means a facility other than a nursing home whose primary purpose is to provide a physical environment for patients to obtain inpatient or emergency care.
(2)    “Institutional facility” does not include an urgent care facility that is not part of a facility.
(f)    “Prescriber–pharmacist agreement” means an agreement between an authorized prescriber and a licensed pharmacist that is disease–state specific and specifies the protocols that may be used.
(g)    “Protocol” means a course of treatment predetermined by the authorized prescriber and licensed pharmacist according to generally accepted medical practice for the proper completion of a particular therapeutic or diagnostic intervention.
(h)    “Therapy management contract” means a voluntary, written arrangement that is:
(1)    Disease–state specific;
(2)    Signed by:
(i)    One licensed pharmacist and the licensed pharmacist’s designated alternate licensed pharmacists;
(ii)    One authorized prescriber and alternate designated authorized prescribers involved directly in patient care; and
(iii)    One patient receiving care from an authorized prescriber and a licensed pharmacist pursuant to a prescriber–pharmacist agreement and protocol under this subtitle; and
(3)    Related to treatment using drug therapy, laboratory tests, or medical devices, under defined conditions or limitations for the purpose of improving patient outcomes.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 6A - Therapy Management Contracts › Section 12-6A-03 - Prescriber-Pharmacist Agreements

(a)    An authorized prescriber and a licensed pharmacist who wish to enter into therapy management contracts shall have a prescriber–pharmacist agreement.
(b)    (1)    (i)    Except as provided in subparagraph (ii) of this paragraph, an authorized prescriber who has entered into a prescriber–pharmacist agreement shall submit to the health occupations board that regulates the authorized prescriber a copy of the prescriber–pharmacist agreement and any subsequent modifications made to the prescriber–pharmacist agreement or the protocols specified in the prescriber–pharmacist agreement.
(ii)    A health occupations board may enter into an agreement with the Board of Pharmacy that requires authorized prescribers regulated by the health occupations board to submit to the Board of Pharmacy documentation that otherwise would be required to be submitted to the health occupations board under subparagraph (i) of this paragraph.
(2)    A licensed pharmacist who has entered into a prescriber–pharmacist agreement shall submit to the Board of Pharmacy a copy of the prescriber–pharmacist agreement and any subsequent modifications made to the prescriber–pharmacist agreement or the protocols specified in the prescriber–pharmacist agreement.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 6A - Therapy Management Contracts › Section 12-6A-04 - Prescriber-Pharmacist Agreements -- Authority to Enter

A pharmacist is authorized to enter into a prescriber–pharmacist agreement if the pharmacist:
(1)    Is a licensed pharmacist;
(2)    Has a Doctor of Pharmacy Degree or equivalent training as established in regulations adopted under this subtitle;
(3)    Is approved by the Board to enter into a prescriber–pharmacist agreement with an authorized prescriber in accordance with this subtitle; and
(4)    Meets the requirements that are established by regulations adopted under this subtitle.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 6A - Therapy Management Contracts › Section 12-6A-05 - Authorized Prescriber to Initiate Contract; Limitations

(a)    Subject to the regulations adopted under this subtitle, a licensed pharmacist may enter into a therapy management contract initiated by an authorized prescriber.
(b)    A licensed pharmacist may not employ or provide economic incentives to an authorized prescriber for the purpose of entering into a prescriber–pharmacist agreement or a therapy management contract.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 6A - Therapy Management Contracts › Section 12-6A-06 - Protocols

(a)    A protocol under this subtitle:
(1)    May authorize:
(i)    For protocols by a licensed physician and licensed pharmacist, the initiation of drug therapy under written, disease–state specific protocols;
(ii)    The modification, continuation, and discontinuation of drug therapy under written, disease–state specific protocols;
(iii)    The ordering of laboratory tests; and
(iv)    Other patient care management measures related to monitoring or improving the outcomes of drug or device therapy; and
(2)    May not authorize acts that exceed the scope of practice of the parties to the therapy management contract.
(b)    A protocol shall prohibit the substitution of a chemically dissimilar drug product by the pharmacist for the product prescribed by the authorized prescriber, unless permitted in the therapy management contract.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 6A - Therapy Management Contracts › Section 12-6A-07 - Therapy Management Contracts

(a)    A therapy management contract shall apply only to conditions for which protocols have been agreed to by an authorized prescriber and a licensed pharmacist in accordance with the regulations adopted under this subtitle.
(b)    A therapy management contract shall include:
(1)    A statement that none of the parties involved in the therapy management contract have been coerced, given economic incentives, excluding normal reimbursement for services rendered, or involuntarily required to participate;
(2)    Notice to the patient indicating:
(i)    That the patient may terminate the therapy management contract at any time; and
(ii)    The procedure by which the patient may terminate the therapy management contract;
(3)    A procedure for periodic review by the authorized prescriber, of the drugs modified pursuant to the agreement or changed with the consent of the authorized prescriber; and
(4)    Reference to a protocol, which will be provided to the patient on request.
(c)    Any party to the therapy management contract may terminate the contract at any time.
(d)    The Board may assess a fee, as established in regulation, for approval of a pharmacist to enter into a prescriber–pharmacist agreement.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 6A - Therapy Management Contracts › Section 12-6A-08 - Maintenance of Records

(a)    The authorized prescriber shall maintain complete patient records with respect to the therapy management contract.
(b)    The authorized prescriber’s patient record shall be fully updated in writing by the licensed pharmacist in a timely manner, as provided in the prescriber–pharmacist agreement.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 6A - Therapy Management Contracts › Section 12-6A-10 - Adoption of Regulations

(a)    Subject to subsection (b) of this section, the Board, together with the Board of Physicians and in consultation with the Board of Podiatric Medical Examiners and the Board of Nursing, shall jointly develop and adopt regulations to implement the provisions of this subtitle.
(b)    The regulations adopted under subsection (a) of this section:
(1)    Shall include provisions that:
(i)    Define the criteria for prescriber–pharmacist agreements; and
(ii)    Establish guidelines concerning the use of protocols, including communication, documentation, and other relevant factors; and
(2)    May not require a health occupations board to approve a prescriber–pharmacist agreement or the protocols specified in a prescriber–pharmacist agreement.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 6B - Registered Pharmacy Technicians › Section 12-6B-01 - Registration Required; Scope

(a)    Except as otherwise provided in this title, an individual shall be registered and approved by the Board as a pharmacy technician before the individual may perform delegated pharmacy acts.
(b)    This section does not apply to:
(1)    A pharmacy technician trainee under the direct supervision of a licensed pharmacist provided that the individual does not perform delegated pharmacy acts for more than 6 months; or
(2)    A pharmacy student who:
(i)    Is currently completing the first year of a professional pharmacy education program; and
(ii)    Under the direct supervision of a licensed pharmacist, performs delegated pharmacy acts in accordance with regulations adopted by the Board.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 6B - Registered Pharmacy Technicians › Section 12-6B-02 - Qualifications

(a)    To qualify for registration an applicant shall be an individual who:
(1)    Is currently certified by a national pharmacy technician certification program and complies with subsection (b)(6) of this section; or
(2)    Meets the requirements of this section.
(b)    The applicant shall:
(1)    Be of good moral character;
(2)    Be at least 17 years old;
(3)    (i)    1.    Be a high school graduate or have attained a high school equivalency; or
2.    Be enrolled and in good standing at a high school; or
(ii)    Meet the requirements in subsection (d) of this section;
(4)    Have successfully passed an examination approved by the Board;
(5)    Complete a pharmacy technician training program approved by the Board that:
(i)    Includes 160 hours of work experience; and
(ii)    Is no longer than 6 months’ duration; and
(6)    Submit a request for a State criminal history records check.
(c)    The Board may not approve an application until the State criminal history records check is completed.
(d)    If an applicant does not meet the requirements of subsection (b)(3) through (5) of this section, the applicant qualifies for registration if:
(1)    The applicant has worked in the pharmacy area of a pharmacy operated by the same pharmacy permit holder since January 1, 2006;
(2)    The pharmacy permit holder for whom the applicant works attests in writing that the applicant has worked in the pharmacy area operated by the pharmacy permit holder continuously since January 1, 2006;
(3)    A pharmacist who has supervised the applicant for at least 6 months attests in writing that the individual has performed competently; and
(4)    The applicant otherwise meets the requirements of subsection (b) of this section.
(e)    An individual, at least 16 years and 6 months old, may begin fulfilling the pharmacy technician registration requirements under this subtitle.
(f)    (1)    Subject to the provisions of this subsection, the Board may waive any requirement of this subtitle for an individual who is registered as or has worked as a pharmacy technician in another state.
(2)    The Board may grant a waiver under this subsection only if the applicant:
(i)    Pays the application fee required under § 12-6B-03 of this subtitle; and
(ii)    1.    Provides sufficient evidence that the applicant was registered in a state with registration or licensing requirements that are substantially similar to the registration requirements of this subtitle; or
2.    Has worked as a pharmacy technician in another state and satisfies any additional requirements established by the Board in regulation.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 6B - Registered Pharmacy Technicians › Section 12-6B-03 - Application Requirements

(a)    An applicant for registration shall:
(1)    Submit an application to the Board on the form that the Board requires;
(2)    Unless otherwise qualified under § 12-6B-02(a) or (d) of this subtitle, provide documentation of the completion of a pharmacy technician training program under § 12-6B-02(b)(5) of this subtitle;
(3)    Unless otherwise qualified under § 12-6B-02(a) or (d) of this subtitle, provide documentation of having successfully completed an examination approved by the Board;
(4)    Submit to a request for a State criminal history records check; and
(5)    Pay the application fees set by the Board.
(b)    The application shall be signed by the applicant.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 6B - Registered Pharmacy Technicians › Section 12-6B-04 - Registration and Fees

(a)    The Board shall register as a pharmacy technician any applicant who meets the requirements of this subtitle.
(b)    (1)    The Board may set reasonable fees for the issuance and renewal of registrations and other services.
(2)    The fees charged shall be set so as to approximate the cost of registering pharmacy technicians.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 6B - Registered Pharmacy Technicians › Section 12-6B-05 - Notification of Pleas or Convictions in Criminal Actions

(a)    A registered pharmacy technician shall notify the Board of each plea of guilty for, conviction of, or entry of a plea of nolo contendere for a felony or a crime involving moral turpitude, regardless of whether:
(1)    An adjudication of guilt or sentencing or imposition of sentence is withheld; or
(2)    Any appeal or other proceeding is pending regarding the matter.
(b)    The registered pharmacy technician shall notify the Board within 7 days of the conviction or entry of the plea.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 6B - Registered Pharmacy Technicians › Section 12-6B-06 - Authorized and Prohibited Acts

(a)    Registration authorizes a registered pharmacist technician to perform delegated pharmacy acts as defined in § 12–101 of this title while the registration is effective.
(b)    A registered pharmacy technician or a pharmacy technician trainee may not:
(1)    Act within the parameters of a therapy management contract as provided under Subtitle 6A of this title;
(2)    Administer an influenza vaccination in accordance with § 12–508 of this title;
(3)    Delegate a pharmacy act that was delegated to the registered pharmacy technician or individual engaging in a Board approved technician training program; or
(4)    Perform other functions prohibited by regulations adopted by the Board.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 6B - Registered Pharmacy Technicians › Section 12-6B-08 - Display of Registration; Identification

(a)    Each registered pharmacy technician shall:
(1)    Display the pharmacy technician’s registration in the office or place of business in which the pharmacy technician is working; or
(2)    Have the registration on the pharmacy technician’s person available for viewing.
(b)    When performing delegated pharmacy acts, the registered pharmacy technician shall wear identification that conspicuously identifies the registered pharmacy technician as a registered pharmacy technician.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 6B - Registered Pharmacy Technicians › Section 12-6B-10 - Penalty in Lieu of Other Sanctions

(a)    If after a hearing under § 12-315 of this title, the Board finds that there is a ground under § 12-6B-09 of this subtitle to reprimand a registered pharmacy technician, place a pharmacy technician’s registration on probation, or suspend or revoke a pharmacy technician’s registration, the Board may impose a penalty not exceeding $2,500:
(1)    Instead of reprimanding the registered pharmacy technician, placing the registered pharmacy technician on probation, or suspending or revoking the pharmacy technician’s registration; or
(2)    In addition to reprimanding the registered pharmacy technician, placing the registered pharmacy technician on probation, or suspending or revoking the pharmacy technician’s registration.
(b)    The Board shall adopt 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 6B - Registered Pharmacy Technicians › Section 12-6B-11 - Surrender of Registration

(a)    Unless the Board agrees to accept the surrender of a pharmacy technician’s registration, a registered pharmacy technician may not surrender the pharmacy technician’s registration nor may the pharmacy technician’s registration lapse by operation of law while the registered pharmacy technician is under investigation or while charges are pending against the registered pharmacy technician.
(b)    The Board may set conditions on its agreement with the registered pharmacy technician under investigation or against whom charges are pending to accept the surrender of the pharmacy technician’s registration.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 6B - Registered Pharmacy Technicians › Section 12-6B-13 - Obtaining Registration Under False Representations Prohibited

(a)    An individual may not obtain a pharmacy technician’s registration by making a false representation.
(b)    On conviction of an individual for making a false representation to the Board in order to register as a pharmacy technician, the pharmacy technician’s registration is void.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 6B - Registered Pharmacy Technicians › Section 12-6B-14 - Unauthorized Practice -- Representation to Public

(a)    Except as otherwise provided in this subtitle, an individual may not represent to the public by title, by description of services, methods, or procedures, or otherwise, that the individual is registered to work as a registered pharmacy technician unless registered in accordance with this subtitle.
(b)    Except as otherwise provided in this subtitle, an individual may not use the terms “registered pharmacy technician” or “pharmacy technician” with the intent to represent that the individual is authorized to work as a registered pharmacy technician unless registered as a pharmacy technician under this subtitle.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 6C - Wholesale Distributor Permitting and Prescription Drug Integrity Act › Section 12-6C-02 - Exceptions

This subtitle does not affect any person while distributing:
(1)    Feed for livestock or poultry;
(2)    Fertilizers;
(3)    Fungicides;
(4)    Insecticide;
(5)    Land plaster;
(6)    Lime;
(7)    Seeds;
(8)    Devices, drugs, or supplies of any kind for the treatment, care, or cure of farm animals; or
(9)    Compounded nonsterile preparations or compounded sterile preparations provided in accordance with § 12–510 of this title to a licensed veterinarian who intends to dispense the compounded nonsterile preparations or compounded sterile preparations in accordance with § 2–313(c)  of the Agriculture Article.