reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 6C - Wholesale Distributor Permitting and Prescription Drug Integrity Act › Section 12-6C-03 - Permit Required

(a)    A wholesale distributor shall hold a permit issued by the Board before the wholesale distributor engages in wholesale distribution in the State.
(b)    (1)    A manufacturer engaged in wholesale distribution shall hold a wholesale distributor permit issued under this subtitle.
(2)    Notwithstanding paragraph (1) of this subsection, the information and qualification requirements for obtaining a permit under this subtitle, beyond that required by federal law, do not apply to:
(i)    A manufacturer that distributes its own prescription drugs that are approved by the U.S. Food and Drug Administration; or
(ii)    A manufacturer that distributes its own prescription devices that are approved or authorized by the U.S. Food and Drug Administration.
(c)    A manufacturer’s exclusive distributor and a third–party logistics provider shall hold a wholesale distributor permit issued under this subtitle.
(d)    A wholesale distributor permit shall be displayed conspicuously in the place of business for which the permit is issued.
(e)    A wholesale distributor permit is not transferable.
(f)    Subject to any other restriction provided by law, a person may not purchase or obtain a prescription drug or prescription device unless the prescription drug or prescription device is purchased or obtained from a person who holds a wholesale distributor permit, a licensed pharmacist, or an authorized prescriber.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 6C - Wholesale Distributor Permitting and Prescription Drug Integrity Act › Section 12-6C-03.1 - Purchase and Distribution of Prescription Drugs and Devices by Department

(a)    The Department may purchase and distribute prescription drugs and prescription devices for public health purposes.
(b)    The Department shall adopt regulations, in consultation with the Board, to implement this section.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 6C - Wholesale Distributor Permitting and Prescription Drug Integrity Act › Section 12-6C-03.2 - Inspection of Sterile Drug Products; Report

(a)    Notwithstanding any other provision of this subtitle, a wholesale distributor applicant or permit holder that prepares sterile drug products shall submit to the Board a report of an inspection conducted by the U.S. Food and Drug Administration or a Board designee:
(1)    At the time of application; and
(2)    On renewal.
(b)    The inspection report required under subsection (a) of this section shall:
(1)    Be conducted within 1 year before the date of application or renewal; and
(2)    Demonstrate compliance with applicable federal good manufacturing practice standards.
(c)    An applicant or permit holder is responsible for obtaining an inspection to meet the requirements of this section.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 6C - Wholesale Distributor Permitting and Prescription Drug Integrity Act › Section 12-6C-04 - Accreditation and Reciprocity

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Accreditation organization” means a private entity that:
(i)    Is recognized by the Board; and
(ii)    Conducts inspections and surveys of wholesale distributors based on nationally recognized and developed standards.
(3)    “Deemed status” means a status under which a wholesale distributor may be exempt from initial and routine inspection requirements under this subtitle.
(b)    The Board may only grant deemed status to a wholesale distributor that is:
(1)    Currently accredited by an accreditation organization, wherever the wholesale distributor is located; or
(2)    Located in a state that has requirements that:
(i)    Are substantially equivalent to the requirements of this State; and
(ii)    Include pedigrees, routine inspections of wholesale distributors, operation of wholesale distributors in a commercial nonresidential facility, and security measures.
(c)    (1)    The Board may issue a wholesale distributor permit by reciprocity to a wholesale distributor who holds a license or permit under the laws of another state if the Board determines that the requirements of that state are substantially equivalent to the requirements of this State.
(2)    A wholesale distributor that receives a permit by reciprocity shall comply with the requirements of § 12–6C–05(e) and (f) of this subtitle.
(3)    In addition to meeting the requirements under this subtitle, a wholesale distributor located out–of–state that is not eligible for reciprocity shall be accredited by an accreditation organization.
(4)    The Board shall grant deemed status to a wholesale distributor that:
(i)    Is currently accredited by an accreditation organization; or
(ii)    Has been granted reciprocity by the Board.
(d)    The Board or its designee may inspect a wholesale distributor who is accredited or has been issued a permit by reciprocity to:
(1)    Determine compliance with any permit requirement under this subtitle; or
(2)    Investigate a complaint.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 6C - Wholesale Distributor Permitting and Prescription Drug Integrity Act › Section 12-6C-05.1 - Criminal History Records Check for Designated Representative and Immediate Supervisor

(a)    (1)    In this subsection, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
(2)    This subsection applies to applicants located in the State.
(3)    As part of an application to the Central Repository for a State and national criminal history records check, the designated representative and the immediate supervisor of the designated representative of an applicant shall submit to the Central Repository:
(i)    Two complete sets of legible fingerprints taken on forms approved by the director of the Central Repository and the Director of the Federal Bureau of Investigation;
(ii)    The fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to State criminal history records; and
(iii)    The processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
(4)    In accordance with §§ 10–201 through 10–228 of the Criminal Procedure Article, the Central Repository shall forward the criminal history records information of the designated representative and the immediate supervisor of the designated representative of an applicant to the Board and the applicant.
(5)    The Board shall ensure that information obtained from the Central Repository under this subsection:
(i)    Is kept confidential;
(ii)    Is not redisseminated; and
(iii)    Is used only for the permitting purpose authorized by this subtitle.
(6)    The subject of a criminal history records check under this subsection may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.
(b)    (1)    This subsection applies to applicants located outside the State.
(2)    The designated representative and the immediate supervisor of the designated representative of an applicant shall submit to a criminal history records check by the applicant’s state of residence, in accordance with the laws of the applicant’s state of residence.
(3)    The criminal history records check shall consist of:
(i)    A state criminal history records check for the applicant’s state of residence; and
(ii)    A national criminal history records check.
(4)    The designated representative and the immediate supervisor of the designated representative of an applicant shall request the appropriate entity in the applicant’s state of residence to forward the results of the criminal history records check to the Board and the applicant.
(5)    The Board shall ensure that information obtained under this subsection:
(i)    Is kept confidential;
(ii)    Is not redisseminated; and
(iii)    Is used only for the permitting purpose authorized by 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-06 - Expiration and Renewal

(a)    A wholesale distributor permit expires on May 31 after its effective date, unless the wholesale distributor permit is renewed for an additional 2–year term as provided in this section.
(b)    (1)    Except as provided in paragraph (2) of this  subsection, at least 1 month before a wholesale distributor permit  expires, the Board shall send to the wholesale distributor permit   holder a renewal notice by first–class mail to the last known  address of the permit holder.
(2)    If requested by a wholesale distributor permit  holder, the Board shall send to the permit holder, at least two  times within the month before a wholesale distributor permit  expires, a renewal notice by electronic means to the last known  electronic address of the 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 wholesale distributor  permit holder a renewal notice by first–class mail to the last  known address of the permit holder.
(4)    A renewal notice sent under this subsection shall  state:
(i)    The date on which the current wholesale  distributor 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 current wholesale distributor permit expires; and
(iii)    The amount of the renewal fee.
(5)    Before a wholesale distributor permit expires, a  wholesale distributor permit holder periodically may renew it for  an additional 2–year term, if the wholesale distributor permit  holder:
(i)    Otherwise is entitled to a wholesale  distributor permit;
(ii)    Pays to the Board a renewal fee set by the  Board; and
(iii)    Submits to the Board a renewal application on  the form that the Board requires.
(6)    (i)    The renewal application form shall set forth  the information that the wholesale distributor provided under §  12–6C–05 of this subtitle.
(ii)    Within 30 days after receiving the form, the  wholesale distributor shall identify and state under oath to the  Board all changes or corrections to the information that was  provided under § 12–6C–05 of this subtitle.
(7)    The Board shall renew the wholesale distributor  permit of a wholesale distributor permit holder who meets the  requirements of this subtitle and any regulations adopted under  this subtitle.
(8)    The Board may deny, suspend, or revoke the permit  of a wholesale distributor if the Board determines that the  wholesale distributor no longer qualifies for a permit.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 6C - Wholesale Distributor Permitting and Prescription Drug Integrity Act › Section 12-6C-07 - Regulations -- Inspections; Requirements

The Board:
(1)    Shall adopt regulations that require routine  inspections of wholesale distributor facilities; and
(2)    May adopt regulations establishing:
(i)    Minimum requirements for the receipt, storage,  and handling of prescription drugs or prescription devices,  security precautions, quality control, record keeping, and  procedures, policy, and responsibilities of personnel; and
(ii)    Education and experience requirements for  personnel employed in positions responsible for carrying out the  duties:
1.    Referenced in item (i) of this item; or
2.    Related to State permit requirements  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-08 - Disclosure of Information

Information provided by a wholesale distributor or an  applicant for a wholesale distributor permit under this subtitle  may not be disclosed to any person or entity except a State  licensing or permitting authority, State board, or government  agency that needs the information for licensing, permitting,  monitoring, or law enforcement purposes.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 6C - Wholesale Distributor Permitting and Prescription Drug Integrity Act › Section 12-6C-10 - Pedigree

(a)    A person who is engaged in the wholesale distribution of  a prescription drug that leaves, or has ever left, the normal  distribution channel shall provide, before each wholesale  distribution of the prescription drug, a pedigree to the person who  receives the prescription drug.
(b)    A retail pharmacy or pharmacy warehouse shall comply  with the requirements of this section only if the pharmacy or  pharmacy warehouse engages in the wholesale distribution of a  prescription drug in the State.
(c)    (1)    To be considered part of the normal distribution  channel, a wholesale distributor, a manufacturer’s exclusive  distributor, and a manufacturer’s third party logistics provider  also must be an authorized distributor of record.
(2)    Notwithstanding paragraph (1) of this subsection, a  pharmacy warehouse that is not an authorized distributor of  record shall be considered part of the normal distribution  channel.
(d)    Each person who engages in the wholesale distribution of  a prescription drug, including repackagers but excluding the  original manufacturer of the finished form of the prescription  drug, who is provided a pedigree for the prescription drug and  attempts to further distribute the prescription drug, shall  authenticate, before any distribution of the prescription drug  occurs, that each transaction listed on the pedigree has occurred.
(e)    The pedigree shall include:
(1)    All necessary identifying information relating to  each sale in the chain of distribution of the prescription drug from  the manufacturer or the manufacturer’s third party logistics  provider, co–licensed partner, or manufacturer’s exclusive  distributor, through acquisition and sale by any wholesale  distributor or repackager, until final sale to a pharmacy or other  person dispensing or administering the prescription drug,  including:
(i)    The name, address, telephone number, and if  available, electronic mail address, of each owner and each  wholesale distributor of the prescription drug;
(ii)    The name and address of each location from  which the prescription drug was shipped, if different from the  owner’s;
(iii)    Transaction dates; and
(iv)    Certification that each recipient has  authenticated the pedigree;
(2)    The name of the prescription drug;
(3)    The dosage form and strength of the prescription  drug;
(4)    The size of the container;
(5)    The number of containers;
(6)    The lot number and National Drug Code of the  prescription drug; and
(7)    The name of the manufacturer of the finished  dosage form.
(f)    Each pedigree for a prescription drug shall be:
(1)    Maintained by the purchaser and the wholesale  distributor for 3 years from the date of sale or transfer; and
(2)    Available for inspection or use within 5 business  days on request of the Board, the Board’s designee, or an  authorized law enforcement officer.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 6C - Wholesale Distributor Permitting and Prescription Drug Integrity Act › Section 12-6C-11 - Violations; Penalties

(a)    (1)    If a person knowingly violates any provision of this subtitle or  any regulation adopted under this subtitle, the Board may impose a  fine not to exceed $500,000.
(2)    Before the Board imposes a fine, the Board shall  consider the appropriateness of the fine in relation to:
(i)    The size of the wholesale distributor;
(ii)    The gravity of the violation for which the fine  is to be imposed;
(iii)    The good faith of the wholesale distributor;  and
(iv)    Any previous violations by the wholesale  distributor.
(b)    In addition to the penalty provided in subsection (a) of  this section, the Board also may take disciplinary action against a  permit holder who is convicted of or pleads guilty or nolo  contendere to a violation of State, federal, or local drug laws.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 6C - Wholesale Distributor Permitting and Prescription Drug Integrity Act › Section 12-6C-13 - Annual Reports

On or before January 1, 2008, and on or before January 1 of  each subsequent year, the Board shall report to the Governor and,  in accordance with § 2–1257 of the State Government Article, to the  General Assembly on the implementation of this subtitle.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 6D - Registered Pharmacy Interns › Section 12-6D-02 - Registration and Approval Required

Except as otherwise provided in this title, an individual shall be registered and approved by the Board as a registered pharmacy intern before the individual may practice pharmacy under the direct supervision of a licensed pharmacist in accordance with this subtitle.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 6D - Registered Pharmacy Interns › Section 12-6D-03 - Qualifications

(a)    To qualify for registration an applicant shall be an individual who:
(1)    Is currently enrolled and has completed 1 year of professional pharmacy education in a doctor of pharmacy program accredited by the ACPE;
(2)    Is currently enrolled and has completed 1 year of professional pharmacy education in a doctor of pharmacy program under accreditation review by the ACPE;
(3)    Has graduated from a doctor of pharmacy program accredited by the ACPE and has applied for licensure with the Board; or
(4)    Is a graduate of a foreign school of pharmacy who:
(i)    Has established educational equivalency as determined by the Board; and
(ii)    Has passed an examination of oral English approved by the Board.
(b)    An applicant shall submit a request for a State criminal history records check in accordance with § 12–6D–04 of this subtitle.
(c)    The Board may not approve an application until the State criminal history records check is completed.
(d)    The applicant shall be of good moral character.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 6D - Registered Pharmacy Interns › Section 12-6D-04 - State Criminal History Records Check

(a)    In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
(b)    As part of an application to the Central Repository for a State criminal history records check, the applicant shall submit to the Central Repository:
(1)    Two complete sets of legible fingerprints taken on forms approved by the director of the Central Repository; and
(2)    The fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to State criminal history records.
(c)    In accordance with §§ 10–201 through 10–228 of the Criminal Procedure Article, the Central Repository shall forward the criminal history records information of the applicant to the Board and the applicant.
(d)    The Board shall ensure that information obtained from the Central Repository under this subsection:
(1)    Is kept confidential;
(2)    Is not redisseminated; and
(3)    Is used only for the registration purpose authorized by this subtitle.
(e)    The subject of a criminal history records check under this subsection may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 6D - Registered Pharmacy Interns › Section 12-6D-05 - Application Requirements

(a)    An applicant for registration shall:
(1)    Submit an application to the Board on the form that the Board requires;
(2)    Provide documentation of:
(i)    Enrollment in a doctor of pharmacy program;
(ii)    Graduation from an approved college of pharmacy; or
(iii)    For an applicant who satisfies the requirements under § 12–6D–03(a)(4) of this subtitle, proof of:
1.    Educational equivalency; and
2.    Oral English competency;
(3)    Submit to a request for a State criminal history records check; and
(4)    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 6D - Registered Pharmacy Interns › Section 12-6D-06 - Registration; Limits on Supervising

(a)    The Board shall register as a pharmacy intern 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 interns.
(c)    A licensed pharmacist may not directly supervise more than two registered pharmacy interns at one time.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 6D - Registered Pharmacy Interns › Section 12-6D-07 - Notification of Pleas or Convictions in Criminal Actions

(a)    A registered pharmacy intern 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 intern 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 6D - Registered Pharmacy Interns › Section 12-6D-08 - Authorized and Prohibited Acts

(a)    Registration authorizes a registered pharmacy intern to practice pharmacy under the direct supervision of a licensed pharmacist while the registration is effective.
(b)    A registered pharmacy intern may administer vaccinations in accordance with regulations adopted by the Board.
(c)    A registered pharmacy intern may not:
(1)    Delegate a pharmacy act;
(2)    Perform a final verification of a prescription drug or device before dispensing; or
(3)    Perform other duties prohibited by regulations adopted by the Board.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 6D - Registered Pharmacy Interns › Section 12-6D-09 - Expiration and Renewal of Registration

(a)    (1)    Registration expires on the date set by the Board.
(2)    Registration is valid for up to 2 years from the date of issue.
(b)    (1)    A registered pharmacy intern who qualified for registration under § 12–6D–03(a)(1) and (2) of this subtitle may renew the registration one time if the registered pharmacy intern is:
(i)    Otherwise entitled to be registered as a pharmacy intern;
(ii)    Submits to the Board a renewal application on the form that the Board requires; and
(iii)    Pays to the Board a renewal fee set by the Board.
(2)    A registered pharmacy intern who qualified for registration under § 12–6D–03(a)(3) and (4) of this subtitle may not renew the registration.
(c)    The registration of a pharmacy intern registered under this subtitle expires and may not be renewed on the date that the registered pharmacy intern becomes a licensed pharmacist.
(d)    (1)    Except as provided in paragraph (2) of this subsection, the Board shall send to each registered pharmacy intern, at least 1 month before a registration expires, a renewal notice by first–class mail to the last known address of the registered pharmacy intern.
(2)    If requested by a registered pharmacy intern, the Board shall send to the registered pharmacy intern, at least two times within the month before a pharmacy intern registration expires, a renewal notice by electronic means to the last known electronic address of the registered pharmacy intern.
(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 the registered pharmacy intern a renewal notice by first–class mail to the last known address of the registered pharmacy intern.
(4)    A renewal notice sent under this subsection shall state:
(i)    The date on which the current registration expires;
(ii)    The date by which the renewal application shall be received by the Board for the renewal to be issued and mailed before the registration expires; and
(iii)    The amount of the renewal fee.
(e)    The Board shall renew the registration of each pharmacy intern who meets the requirements of this section.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 6D - Registered Pharmacy Interns › Section 12-6D-10 - Display of Registration and Identification as Registered Pharmacy Intern

(a)    Each registered pharmacy intern shall:
(1)    Display the pharmacy intern’s registration in the office or place of business in which the pharmacy intern is practicing pharmacy under the direct supervision of a licensed pharmacist; or
(2)    Have the registration on the pharmacy intern’s person available for viewing.
(b)    When practicing pharmacy under the direct supervision of a licensed pharmacist, the registered pharmacy intern shall wear identification that conspicuously identifies the registered pharmacy intern as a registered pharmacy intern.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 6D - Registered Pharmacy Interns › Section 12-6D-12 - Penalties

(a)    If after a hearing under § 12–315 of this title, the Board finds that there is a ground under § 12–6D–11 of this subtitle to reprimand a registered pharmacy intern, place a pharmacy intern’s registration on probation, or suspend or revoke a pharmacy intern’s registration, the Board may impose a penalty not exceeding $2,500:
(1)    Instead of reprimanding the registered pharmacy intern, placing the registered pharmacy intern on probation, or suspending or revoking the pharmacy intern’s registration; or
(2)    In addition to reprimanding the registered pharmacy intern, placing the registered pharmacy intern on probation, or suspending or revoking the pharmacy intern’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 the State.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 6D - Registered Pharmacy Interns › Section 12-6D-13 - Surrender of Registration

(a)    Unless the Board agrees to accept the surrender of a pharmacy intern’s registration, a registered pharmacy intern may not surrender the pharmacy intern’s registration nor may the pharmacy intern’s registration lapse by operation of law while the registered pharmacy intern is under investigation or while charges are pending against the registered pharmacy intern.
(b)    The Board may set conditions on the Board’s agreement with the registered pharmacy intern under investigation or against whom charges are pending to accept the surrender of the pharmacy intern’s registration.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 6D - Registered Pharmacy Interns › Section 12-6D-15 - Misrepresentations

(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 practice as a registered pharmacy intern unless registered in accordance with this subtitle.
(b)    Except as otherwise provided in this subtitle, an individual may not use the terms “registered pharmacy intern” or “pharmacy intern” with the intent to represent that the individual is authorized to practice as a registered pharmacy intern unless registered as a pharmacy intern under this subtitle.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 7 - Prohibited Acts; Penalties › Section 12-704 - Misrepresentations

(a)    (1)    Unless authorized to practice pharmacy under this title, a person may not represent to the public by title, by description of services, methods, or procedures, or otherwise, that the person is authorized to practice pharmacy in this State.
(2)    Unless authorized to practice pharmacy under this title, a person may not use the terms “pharmacist” or “druggist” with the intent to represent that the person practices pharmacy.
(b)    (1)    Unless an establishment has a pharmacy permit, a person may not represent to the public by title, by description of services, methods, or procedures, or otherwise, that the establishment is a pharmacy.
(2)    The acts prohibited by this subsection include using, with the intent to misrepresent that an establishment is a pharmacy, the terms “pharmacy” or “drugstore”, the characteristic show bottles or globes filled with colored water, or any other term or symbol traditionally associated with practicing pharmacy.
2023 Maryland Statutes › Health Occupations › Title 12 - Pharmacists and Pharmacies › Subtitle 7 - Prohibited Acts; Penalties › Section 12-707 - Penalties; Report of Convictions

(a)    A person who violates any provision of the following subtitles or sections of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000:
(1)    § 12–311 (“Display of licenses”);
(2)    Subtitle 4 (“Pharmacy permits”);
(3)    § 12–502(b) (“Pharmaceutical information”);
(4)    § 12–505 (“Labeling requirements for prescription medicines”); and
(5)    § 12–604 (“General power to inspect drugs, devices, and other products”).
(b)    A person who violates any provision of the following sections of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both:
(1)    § 12–701 (“Practicing pharmacy without license”);
(2)    § 12–702 (“License obtained by false representation”);
(3)    § 12–703 (“Operating a pharmacy without permit”);
(4)    § 12–704 (“Misrepresentations”);
(5)    § 12–6B–12 (“Working as an unregistered pharmacy technician”); and
(6)    § 12–6D–15 (“Practicing as an unregistered pharmacy intern”).
(c)    Each day that a violation of any section of Subtitle 4 of this title continues constitutes a separate offense.
(d)    Within 10 days after a court renders the conviction, the court shall report to the Board each conviction of a pharmacist or registered pharmacy technician for:
(1)    Any crime regarding the pharmacy or drug laws that involves professional misconduct; or
(2)    Any crime that involves the State law regarding controlled dangerous substances or the federal narcotic laws.
(e)    (1)    Any person who violates § 12–701 (“Practicing pharmacy without a license”), § 12–703 (“Operating a pharmacy without a permit”), § 12–6B–12 (“Working as an unregistered pharmacy technician”), or § 12–6D–15 (“Practicing as an unregistered pharmacy intern”) of this title is subject to a civil fine of not more than $50,000 to be assessed by the Board.
(2)    The Board shall pay any penalty collected under this subsection into the State Board of Pharmacy Fund.
2023 Maryland Statutes › Health Occupations › Title 13 - Physical Therapists › Subtitle 1 - Definitions; General Provisions › Section 13-102 - Scope of Title

Except as specifically provided in this title, this title does not limit the right of:
(1)    An individual to practice a health occupation that the individual is authorized to practice under this article;
(2)    A chiropractor to practice physical therapy if the chiropractor is authorized to practice physical therapy under Title 3 of this article;
(3)    An individual to provide nonmedical services while:
(i)    Practicing cosmetology; or
(ii)    Operating a health club; or
(4)    A health club to advertise as a health club.
2023 Maryland Statutes › Health Occupations › Title 13 - Physical Therapists › Subtitle 2 - State Board of Physical Therapy Examiners › Section 13-203 - Officers

(a)    From among its members, the Board annually shall elect a chairman and vice chairman.
(b)    The Board shall determine:
(1)    The manner of election of the chairman and vice chairman; and
(2)    The duties of the chairman and vice chairman.
2023 Maryland Statutes › Health Occupations › Title 13 - Physical Therapists › Subtitle 2 - State Board of Physical Therapy Examiners › Section 13-204 - Board Executive Director

(a)    The Board shall appoint a Board executive director, who serves at the pleasure of the Board.
(b)    The Board executive director:
(1)    Is the executive officer of the Board; and
(2)    Has the powers and duties assigned by the Board.
2023 Maryland Statutes › Health Occupations › Title 13 - Physical Therapists › Subtitle 2 - State Board of Physical Therapy Examiners › Section 13-205 - Quorum; Meetings; Compensation; Staff

(a)    A majority of the full authorized membership of 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 determined by the Board and in accordance with the budget of the Board; and
(2)    Reimbursement for expenses at a rate determined by the Board.
(d)    In accordance with the budget of the Board, the Board may employ:
(1)    A staff; and
(2)    Experts and consultants to obtain information and advice that relate to physical therapy.
2023 Maryland Statutes › Health Occupations › Title 13 - Physical Therapists › Subtitle 2 - State Board of Physical Therapy Examiners › Section 13-206 - Miscellaneous Powers and Duties

(a)    In addition to the powers set forth elsewhere in this title, the Board may:
(1)    Adopt rules and regulations to carry out the provisions of this title;
(2)    Adopt standards of practice and a code of ethics for the practice of physical therapy and limited physical therapy; and
(3)    Pay, in accordance with the State budget, any necessary expense that relates to the referral of an alleged violation of the criminal provisions of this title.
(b)    In addition to the duties set forth elsewhere in this title, the Board shall:
(1)    Keep a list of the name and address of each licensed physical therapist and licensed physical therapist assistant;
(2)    Present evidence of any alleged violation of this title to the State’s Attorney of the county where the alleged violation occurred;
(3)    Adopt rules and regulations that govern the use of a physical therapy aide by a licensed physical therapist; and
(4)    Investigate an alleged violation of this title.
2023 Maryland Statutes › Health Occupations › Title 13 - Physical Therapists › Subtitle 2 - State Board of Physical Therapy Examiners › Section 13-207 - State Board of Physical Therapy Examiners Fund; Establishment of Fees; Disposition of Funds

(a)    There is a State Board of Physical Therapy Examiners Fund.
(b)    (1)    The Board may set reasonable fees for the issuance and renewal of licenses and its other services.
(2)    The fees charged shall be set so as 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 Physical Therapy Examiners 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 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 13 - Physical Therapists › Subtitle 2 - State Board of Physical Therapy Examiners › Section 13-207.1 - Disclosure of Information

If it is determined that disclosure of information contained in a record of the Board will serve to protect the public, the Board, after an affirmative vote of a majority, may:
(1)    Disclose any information contained in a record of the Board to any other health occupations licensure board of this State if the information relates to an individual licensed or certified by the other board; or
(2)    Disclose to a physical therapy licensure board of any other state:
(i)    Any information contained in a record of the Board if the information relates to an individual licensed by the Board and is based on a final decision of the Board; or
(ii)    The information that a licensee has charges pending before the Board and there has been no final decision in the matter.
2023 Maryland Statutes › Health Occupations › Title 13 - Physical Therapists › Subtitle 3 - Licensing › Section 13-301 - License Required; Exceptions

(a)    Except as otherwise provided in this title, an individual shall be licensed by the Board before the individual may practice physical therapy or limited physical therapy in this State.
(b)    This section does not apply to:
(1)    A student who is supervised directly by a licensed physical therapist in a Board approved physical therapy educational program; or
(2)    A physical therapy aide, if the physical therapy aide:
(i)    Subject to the rules and regulations adopted by the Board, performs only procedures that do not require the professional skills of a licensed physical therapist or a licensed physical therapist assistant; and
(ii)    Performs procedures only under the direct supervision of a licensed physical therapist who personally is present in the area where the procedures are performed.
2023 Maryland Statutes › Health Occupations › Title 13 - Physical Therapists › Subtitle 3 - Licensing › Section 13-302 - Qualifications of Applicants -- Generally

(a)    (1)    To qualify for a physical therapy license, an applicant shall be an individual who:
(i)    Meets the requirements of:
1.    This section; and
2.    § 13–303 of this subtitle; and
(ii)    Submits to a criminal history records check in accordance with § 13–302.1 of this subtitle.
(2)    To qualify for a physical therapist assistant license, an applicant shall be an individual who:
(i)    Meets the requirements of:
1.    This section; and
2.    § 13–304 of this subtitle; and
(ii)    Submits to a criminal history records check in accordance with § 13–302.1 of this subtitle.
(b)    The applicant shall be of good moral character.
(c)    Except as otherwise provided in this title, the applicant shall pass the appropriate examination given by the Board under this subtitle.
(d)    The applicant shall meet any other qualifications or requirements that the Board establishes for license applicants.
(e)    (1)    Except as provided in paragraph (2) of this subsection, the Board shall require as part of its examination or licensing procedures that an applicant for a license to practice physical therapy or limited physical therapy demonstrate written and oral competency in the English language.
(2)    An applicant is exempt from English language competency testing under paragraph (1) of this subsection if the applicant graduated from a physical therapy program that was taught in English.
(3)    By regulation, the Board shall develop a procedure for testing individuals who because of their speech impairment are unable to complete satisfactorily a Board approved standardized test of oral competency.
(4)    If any disciplinary charges or action that involves a problem with the oral communication of the English language are brought against a licensee under this title, the Board shall require the licensee to take and pass a Board approved standardized test of oral competency.
2023 Maryland Statutes › Health Occupations › Title 13 - Physical Therapists › Subtitle 3 - Licensing › Section 13-302.1 - Criminal History Records Check

(a)    In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
(b)    As part of an application to the Central Repository for a State and national criminal history records check, an applicant shall submit to the Central Repository:
(1)    Two complete sets of legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;
(2)    The fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to State criminal history records; and
(3)    The processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
(c)    In accordance with §§ 10–201 through 10–228 of the Criminal Procedure Article, the Central Repository shall forward to the Board and to the applicant the criminal history record information of the applicant.
(d)    If an applicant has made three or more unsuccessful attempts at securing legible fingerprints, the Board may accept an alternate method of a criminal history records check as permitted by the Director of the Central Repository and the Director of the Federal Bureau of Investigation.
(e)    Information obtained from the Central Repository under this section:
(1)    Is confidential and may not be redisseminated; and
(2)    May be used only for the licensing purpose authorized by this title.
(f)    The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.
2023 Maryland Statutes › Health Occupations › Title 13 - Physical Therapists › Subtitle 3 - Licensing › Section 13-303 - Qualifications -- Physical Therapists

(a)    If an applicant for a physical therapy license has been educated in physical therapy in any state, the applicant shall have:
(1)    Graduated from a physical therapy program that, in the year of graduation, was:
(i)    Approved by the American Physical Therapy Association; or
(ii)    Accredited by the Commission on Accreditation in Physical Therapy Education; and
(2)    Completed satisfactorily the clinical education required by the physical therapy program.
(b)    If an applicant for a physical therapy license has been educated in physical therapy outside of any state, the applicant shall have graduated from a physical therapy program that in the year of graduation had educational requirements equivalent to a degree in physical therapy from a United States program accredited by the Commission on Accreditation in Physical Therapy Education.
2023 Maryland Statutes › Health Occupations › Title 13 - Physical Therapists › Subtitle 3 - Licensing › Section 13-304 - Qualifications -- Physical Therapist Assistants

(a)    If an applicant for a physical therapist assistant license has been educated in limited physical therapy in any state, the applicant shall have:
(1)    Graduated from a physical therapist assistant program that is:
(i)    Approved by the American Physical Therapy Association; or
(ii)    Accredited by the Commission on Accreditation in Physical Therapy Education; and
(2)    Completed satisfactorily the clinical education required by the physical therapist assistant program.
(b)    If an applicant for a physical therapist assistant license has been educated in limited physical therapy outside of any state, the applicant shall have graduated from a physical therapist assistant program that in the year of graduation has educational requirements equivalent to a degree in limited physical therapy from a program in the United States accredited by the Commission on Accreditation in Physical Therapy Education.
2023 Maryland Statutes › Health Occupations › Title 13 - Physical Therapists › Subtitle 3 - Licensing › Section 13-305 - Applications for Licenses

(a)    To apply for a physical therapy license, an applicant shall:
(1)    Submit to the Board:
(i)    An application on the form that the Board requires;
(ii)    Evidence of completion of:
1.    A physical therapy curriculum; and
2.    Any clinical training required under the physical therapy curriculum; and
(iii)    Any other document that the Board requires;
(2)    Submit to a criminal history records check in accordance with § 13–302.1 of this subtitle; and
(3)    Pay to the Board the application fee set by the Board.
(b)    To apply for a physical therapist assistant license, an applicant shall:
(1)    Submit to the Board:
(i)    An application on the form that the Board requires;
(ii)    Evidence of completion of:
1.    A physical therapist assistant curriculum; and
2.    Any clinical training required under the physical therapist assistant curriculum; and
(iii)    Any other document that the Board requires;
(2)    Submit to a criminal history records check in accordance with § 13–302.1 of this subtitle; and
(3)    Pay to the Board the application fee set by the Board.
2023 Maryland Statutes › Health Occupations › Title 13 - Physical Therapists › Subtitle 3 - Licensing › Section 13-306 - Examinations

(a)    (1)    Except as provided in paragraph (2) of this subsection, an applicant who otherwise qualifies for a license is entitled to be examined for that license as provided in this section.
(2)    An applicant who fails the examination for licensure six times may not:
(i)    Retake the examination; or
(ii)    Be licensed by the Board.
(b)    The Board shall give examinations at least twice a year, at the times and places that the Board determines, to applicants for:
(1)    A physical therapy license; and
(2)    A physical therapist assistant license.
(c)    The Board or its agent shall notify each qualified applicant of the time and place of the 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 13 - Physical Therapists › Subtitle 3 - Licensing › Section 13-307 - Waiver of Examination Requirement

(a)    Subject to the provisions of this section, the Board may waive any examination requirement for an applicant who is licensed or otherwise is authorized to practice physical therapy or limited physical therapy in another state.
(b)    The Board may grant a waiver under this section only if the applicant:
(1)    Pays the application fee set by the Board under § 13-305 of this subtitle; and
(2)    Provides adequate evidence that the applicant:
(i)    Meets the qualifications otherwise required by this title; and
(ii)    Became licensed or otherwise authorized in the other state after passing in that or any other state a national licensing examination with a passing score as high as that required of Maryland applicants.