reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 33 - BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS › Chapter 10.33.01 - Nursing Home Administrators › Section 10.33.01.20 - Summary Suspension of a License

Current through Register Vol. 51, No. 14, July 12, 2024
A. Pursuant to its authority under State
				  Government Article, §
										10-226(c),
				  Annotated Code of Maryland, the Board shall order the summary suspension of a
				  license if the Board determines that there is a substantial likelihood that a
				  licensee poses a risk of harm to the public health, safety, or
				  welfare.
B. Notice of Intent to
				  Summarily Suspend.
(1) Based on information
				  gathered in an investigation or otherwise provided to the Board, the Board may
				  vote to issue:
(a) A notice of intent to
				  summarily suspend a license; or
(b)
				  An order of summary suspension.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 33 - BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS › Chapter 10.33.01 - Nursing Home Administrators › Section 10.33.01.21 - Probation and Violation of Probation Proceedings

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the Board imposes a period of probation
				  as a sanction, the Board may impose conditions of probation which the Board
				  considers appropriate, including but not limited to:
(1) Re-education or completion of approved
				  courses;
(2) Payment of a
				  fine;
(3) Practicing under
				  supervision;
(4) Monitoring by the
				  Board or by an individual or entity approved by the Board, with periodic
				  reporting to the Board;
(5) An
				  examination by a physician or other appropriate health care provider;
(6) Limitation of the licensee's
				  practice;
(7) Obtaining a passing
				  score on an appropriate examination; or
(8) Any other condition the Board considers
				  appropriate for the rehabilitation or retraining of a licensee.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 33 - BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS › Chapter 10.33.01 - Nursing Home Administrators › Section 10.33.01.22 - Sanctioning Guidelines

Current through Register Vol. 51, No. 14, July 12, 2024
A. General
				  Application of Sanctioning Guidelines.
(1)
				  After concluding that a licensee has violated a ground for discipline under
				  Health Occupations Article, §
											9-314(b),
				  Annotated Code of Maryland, or under COMAR
				  10.33.01.15A, the
				  Board shall determine the applicable sanction range according to the range of
				  sanctions set forth in §B of this regulation. The Board shall then
				  consider the applicable aggravating and mitigating factors, set forth in
				  §C of this regulation, to determine whether the sanction should fall
				  outside the indicated range of sanctions. After considering the applicable
				  aggravating and mitigating factors, the Board shall impose the appropriate
				  sanction.
(2) The Board is not
				  required to make findings of fact with respect to any of the factors for
				  determining the sanction indicated by the sanctioning guidelines.
(3) In the event that a licensee's violation
				  of the Board's statutes or regulation does not fall within a sanction range,
				  the Board shall so indicate and use its best judgment to determine the
				  appropriate sanction and consider, to the extent possible, the factors in the
				  sanctioning guidelines.
(4) The
				  Board shall state its reasons if it deviates from the sanctioning
				  guidelines.
(5) A departure from
				  the sanctioning guidelines alone is not a ground for any hearing or appeal of a
				  Board action.
(6) Notwithstanding
				  this regulation, in order to resolve a disciplinary proceeding, the Board and
				  the licensee may agree to a surrender of license or a Consent Order with terms
				  and sanction agreed to by the Board and the licensee.
(7) In a case where there are multiple and
				  distinct violations, the Board may impose a sanction greater than the maximum
				  indicated by the sanctioning guidelines for each individual
				  violation.
(8) If probation is
				  imposed, the Board may impose appropriate terms and conditions of probation. If
				  a licensee violates the terms or conditions of probation, the Board may take
				  further disciplinary action against the licensee.
(9) Pursuant to Health Occupations Article,
				  §
											9-314.1, Annotated
				  Code of Maryland, if a civil fine is imposed, the fine may not exceed $1,000
				  for a first violation or $5,000 for any subsequent violation of the same
				  provision.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 33 - BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS › Chapter 10.33.01 - Nursing Home Administrators › Section 10.33.01.23 - Petitions for Reinstatement of License Following Revocation

Current through Register Vol. 51, No. 14, July 12, 2024
A. In order for a
				  revoked license to be reinstated, the individual whose license was revoked
				  shall petition the Board for reinstatement.
B. An individual who petitions the Board for
				  reinstatement following the revocation of his or her license may petition for
				  reinstatement only pursuant to the terms of the Board's order revoking the
				  license. The Board may set conditions precedent and a time period for
				  petitioning for reinstatement or may permanently revoke.
C. If the Board's order revoking the license
				  does not contain a time period for petitioning for reinstatement, the
				  individual may petition for reinstatement after 3 years from
				  revocation.
D. A petitioner for
				  reinstatement shall comply with all reasonable requests for information by the
				  Board.
E. The decision of the Board
				  on whether to grant to deny the petition for reinstatement is a discretionary
				  decision by the Board.
F. If the
				  Board denies a petition for reinstatement, the Board may set conditions
				  precedent and a time period for further petitions for reinstatement.
G. If the Board grants reinstatement, the
				  Board may impose probationary conditions and restrictions along with the
				  reinstatement.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 33 - BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS › Chapter 10.33.01 - Nursing Home Administrators › Section 10.33.01.24 - Fines

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  establishes the standards by which the Board may impose a fine not exceeding:
(1) $1,000 for a first offense; or
(2) $5,000 for any subsequent violation of
				  the same provision.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 33 - BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS › Chapter 10.33.01 - Nursing Home Administrators › Section 10.33.01.25 - Reciprocity

Current through Register Vol. 51, No. 14, July 12, 2024
The Board in its discretion, and otherwise subject to the
					 laws pertaining to the licensing of nursing home administrators prescribing the
					 qualification for a nursing home administrator license, may endorse, without
					 retaking the national examination, a nursing home administrator license issued
					 by the proper authorities of any other state, upon payment of the fee and upon
					 submission of evidence satisfactory to the Board that the:
A. Other state maintains a system and
				  standard of qualification and examination for a nursing home administrator
				  license, which are substantially equivalent to those required by this
				  State;
B. Other state gives similar
				  recognition and endorsement to nursing home administrator licenses of this
				  State;
C. Applicant for endorsement
				  is familiar with State and local health and safety regulations related to
				  nursing facilities, and has received a passing grade on the State's standards
				  examination; and
D. Applicant for
				  endorsement holds a valid license as a nursing home administrator which has not
				  been revoked or suspended in each state from which the applicant has ever
				  received a nursing home administrator license or reciprocal
				  endorsement.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 33 - BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS › Chapter 10.33.01 - Nursing Home Administrators › Section 10.33.01.26 - Restoration and Reinstatement of Licenses

Current through Register Vol. 51, No. 14, July 12, 2024
A. A license may be restored after a period
				  of 2 years after revocation by the Board, in its discretion, upon submission of
				  evidence satisfactory to the Board that the applicant for the restoration of
				  the license has removed the disability causing the revocation.
B. Upon application for restoration of a
				  license, the Board, in its discretion, may grant the applicant a formal hearing
				  after notice.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 33 - BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS › Chapter 10.33.01 - Nursing Home Administrators › Section 10.33.01.27 - Display of Licenses and Renewal Certificates

Current through Register Vol. 51, No. 14, July 12, 2024
Each person licensed as a nursing home administrator shall
					 display a license certificate and license card, or license renewal card in a
					 conspicuous place in the office or place of business or employment of the
					 licensee.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 33 - BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS › Chapter 10.33.01 - Nursing Home Administrators › Section 10.33.01.28 - Duplicate Licenses

Current through Register Vol. 51, No. 14, July 12, 2024
Upon receipt of satisfactory evidence that the license
					 certificate, license card, or license renewal card has been lost, mutilated, or
					 destroyed, the Board may issue a duplicate license certificate, license card,
					 or license renewal card upon any conditions as the Board may prescribe, and
					 upon payment of an appropriate fee established by the Board in Regulation .08
					 of this chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 33 - BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS › Chapter 10.33.01 - Nursing Home Administrators › Section 10.33.01.29 - Applicability, Legal Effect, Severability

Current through Register Vol. 51, No. 14, July 12, 2024
A. Every regulation, order, and directive
				  adopted by the Board shall state the date upon which the Board proposes that it
				  take effect, and a copy signed by the Chairman and the Executive Director of
				  the Board shall be filed as a public record in the Board office and as required
				  by the Administrative Procedure Act.
B. If any provision of these regulations is
				  declared unconstitutional or invalid, or the application of these regulations
				  to any person or circumstance is held invalid, the applicability of the
				  provision to other persons and circumstances and the constitutionality or
				  validity of every other provision of these regulations is not to be
				  affected.
C. These regulations do
				  not affect pending actions or proceedings, civil or criminal.
D. Amendments to these regulations of the
				  Board may be made only at a regularly called Board meeting by a majority vote
				  of all members. An amendment may not be acted upon unless the amendment was
				  presented at a prior meeting and unless notice has been given to the members of
				  the Board that the amendment is to be acted upon at a specific meeting of the
				  Board.
E. The most recent edition
				  of "Robert's Rules of Order, Newly Revised" shall govern all meetings of the
				  Board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.01 - Disciplinary Proceedings › Section 10.34.01.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter governs procedures for disciplinary matters
					 and hearings before the Board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.01 - Disciplinary Proceedings › Section 10.34.01.03 - Confidentiality of Proceedings

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Except as otherwise provided by law, the proceedings of the Board are
				  confidential and that confidentiality may not be waived by the
				  parties.
B. The Office of
				  Administrative Hearings' proceedings involving the adjudication of a Board
				  formal disciplinary action and the administrative law judge's recommended
				  decision are confidential.
C. The
				  respondent may not waive the confidentiality of the:
(1) Proceedings; or
(2) Patients whose medical records or care
				  are reflected in the record of the proceedings.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.01 - Disciplinary Proceedings › Section 10.34.01.04 - Representation by Counsel

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  respondent may be represented by counsel at any stage of a formal disciplinary
				  action.
B. If a hearing is held on
				  a matter, the respondent shall be represented:
(1) In proper person; or
(2) By an attorney who has been:
(a) Admitted to the Maryland Bar;
				  or
(b) Specially admitted to
				  practice law under Maryland Rules, Rules Governing Admission to the Bar of
				  Maryland, Rule 14, Annotated Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.01 - Disciplinary Proceedings › Section 10.34.01.05 - Disposition of Complaints

Current through Register Vol. 51, No. 14, July 12, 2024
A. For
				  each complaint, after reviewing any completed investigative information or
				  reports, the Board shall:
(1) Dismiss the
				  complaint;
(2) Close the case with
				  informal action;
(3) Issue a cease
				  and desist order;
(4) Refer the
				  matter for further investigation;
(5) Refer the matter to an administrative
				  prosecutor; or
(6) Vote to:
(a) Charge a registrant or licensee with a
				  violation of the Maryland Pharmacy Act;
(b) Consider the matter as a basis for a
				  summary suspension;
(c) Initially
				  deny a registration, license, or permit or reinstatement of a registration,
				  license, or permit; or
(d) Accept
				  the surrender of a registration, license, or permit subject to conditions
				  acceptable to the Board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.01 - Disciplinary Proceedings › Section 10.34.01.06 - Notice of Charges or Notice of Initial Denial

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the Board issues charges or a notice of
				  initial denial, the document shall be:
(1)
				  Served on the respondent by certified mail at the address the respondent is
				  required to maintain with the Board; or
(2) Hand delivered in person.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.01 - Disciplinary Proceedings › Section 10.34.01.07 - Notice of Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except for a
				  show cause hearing, written notice of hearings shall be sent by the Executive
				  Director or an officer of the Board to the parties at least 20 days before the
				  hearing.
B. The Board shall serve
				  the notice of hearing by:
(1) Certified mail
				  at the address the respondent is required to maintain with the Board;
				  or
(2) Hand delivery in
				  person.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.01 - Disciplinary Proceedings › Section 10.34.01.08 - Prehearing Conferences and Case Resolution Conferences

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board may set a prehearing conference
				  or a case resolution conference, or both.
B. The prehearing conference may be used to
				  prepare for the hearing by:
(1) Delineating
				  the issues;
(2) Stipulating to:
(a) Facts;
(b) Laws; and
(c) Other matters;
(3) Arranging a schedule for the:
(a) Exchange of documents and witness
				  information; and
(b) Submission of
				  motions and responses to motions; or
(4) Addressing other matters that will
				  promote the orderly and efficient conduct of the hearing.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.01 - Disciplinary Proceedings › Section 10.34.01.09 - Discovery

Current through Register Vol. 51, No. 14, July 12, 2024
A. Discovery on
				  Request. By written request served on the other party and filed with the Board
				  or the Office of Administrative Hearings, as appropriate, a party may require
				  another party to produce, within 15 days, the following:
(1) A list of witnesses to be
				  called;
(2) Copies of documents
				  intended to be produced at the hearing; or
(3) Both §A(1) and (2) of this
				  regulation.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.01 - Disciplinary Proceedings › Section 10.34.01.10 - Evidentiary Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Hearings shall be conducted under the Administrative Procedure Act.
B. The Board may delegate its authority to
				  conduct hearings to the Office of Administrative Hearings.
C. Hearings are not open to the
				  public.
D. Records, including the
				  recommended decision, shall be treated as confidential and sealed.
E. Records.
(1) The Board shall prepare an official
				  record of hearings that shall include all:
(a)
				  Pleadings;
(b) Testimony;
(c) Exhibits; and
(d) Other memoranda or material filed in the
				  proceeding.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.01 - Disciplinary Proceedings › Section 10.34.01.11 - Exceptions Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a
				  case has been delegated to the Office of Administrative Hearings under State
				  Government Article, §
										10-205, Annotated
				  Code of Maryland, for proposed findings of fact, conclusions of law, and
				  disposition, a party may file exceptions with the Board within 30 days of
				  receipt of the recommended decision.
B. The opposing party to the exceptions shall
				  respond within 15 days of receipt of the exceptions.
C. If a party files exceptions, the Board
				  shall schedule a hearing to be held before a quorum of the Board.
D. The exceptions hearing shall be a
				  nonevidentiary hearing to provide the parties with an opportunity for oral
				  argument on the exceptions to the recommended decision.
E. The Board shall:
(1) Consider:
(a) The exceptions;
(b) Responses to exceptions; and
(c) The record in the case; and
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.01 - Disciplinary Proceedings › Section 10.34.01.12 - Summary Suspensions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Board shall order the summary suspension of a registration, license, or permit
				  if the Board determines that there is a substantial likelihood that a
				  registrant or licensee poses a risk of harm to the public health, safety, or
				  welfare.
B. Based on information
				  gathered in an investigation or otherwise provided to the Board, the Board may
				  vote to issue:
(1) A notice of an intent to
				  summarily suspend a registration, license, or permit; or
(2) An order of summary suspension.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.01 - Disciplinary Proceedings › Section 10.34.01.13 - Surrender of a Registration, License, or Permit

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board may:
(1) Accept the surrender of a registration,
				  license, or permit;
(2) Require
				  conditions for surrender of a registration, license, or permit, including:
(a) The admission of a violation of the
				  Maryland Pharmacy Act;
(b) The
				  admission of facts;
(c) A statement
				  of the circumstances under which the surrender was offered or
				  accepted;
(d) Restrictions on
				  future registration, licensing, or permit;
(e) Conditions for reinstatement of the
				  registration, license, or permit; or
(f) An agreement that the respondent may not
				  again apply for a registration, license, or permit.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.01 - Disciplinary Proceedings › Section 10.34.01.14 - Probation and Violation of Probation

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the Board imposes a period of probation
				  as a sanction, the Board may impose conditions of probation that the Board
				  considers appropriate, including:
(1)
				  Re-education or completion of approved courses;
(2) Payment of a fine;
(3) Practicing pharmacy or operating a
				  pharmacy under supervision;
(4)
				  Monitoring by the Board or by an individual or entity approved by the Board
				  with periodic reporting to the Board;
(5) Periodic review of a licensee's practice
				  or operations;
(6) Periodic audits
				  of a licensee's billing practice;
(7) An examination by a physician or other
				  appropriate health care provider;
(8) Limitation of the licensee's practice or
				  operations;
(9) Limitation of the
				  pharmacy technician's scope of duties;
(10) Drug screenings;
(11) Individual or group counseling or
				  therapy;
(12) Obtaining a passing
				  score on an appropriate examination; or
(13) Any other condition the Board considers
				  appropriate for the rehabilitation or retraining of a registrant or a
				  licensee.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.01 - Disciplinary Proceedings › Section 10.34.01.15 - Reinstatement

Current through Register Vol. 51, No. 14, July 12, 2024
A. A registrant or
				  licensee shall petition the Board for a lifting of the suspension of a
				  registration, license, or permit or a reinstatement following revocation or
				  surrender of a registration, license, or permit.
B. The Board may reinstate a registration,
				  license, or permit in accordance with:
(1)
				  The terms and conditions of the order of revocation or suspension;
(2) A letter of surrender;
(3) An order of reinstatement issued by the
				  Board; or
(4) A final judgment in
				  any proceeding for judicial review.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.02 - Examination for Licensure and Professional Experience Programs › Section 10.34.02.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies to:
A. Applicants for licensure as a pharmacist;
				  and
B. Internship programs for
				  student pharmacists for which credit may be allowed toward licensure.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.02 - Examination for Licensure and Professional Experience Programs › Section 10.34.02.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "Board" means the State Board of
				  Pharmacy.
(2) "Licensure
				  examinations" means the Board-administered or Board-approved examinations
				  required of applicants for licensure which include the following:
(a) Exam I:
(i) Part I: NAPLEX, and
(ii) Part II: Pharmacy Law Test;
(b) Exam II:
(i) Prescreening Test of Oral English
				  Competency, or
(ii) Test of Oral
				  English Competency.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.02 - Examination for Licensure and Professional Experience Programs › Section 10.34.02.03 - Licensure Examinations

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				  applicant may take Exam I upon satisfactory proof that the applicant has
				  graduated, or is expected to graduate at the completion of the immediate
				  semester, from a school or college of pharmacy that has been:
(1) Approved by the Board; or
(2) Accredited by the American Council on
				  Pharmaceutical Education.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.02 - Examination for Licensure and Professional Experience Programs › Section 10.34.02.04 - Internship Program or Training Required

Current through Register Vol. 51, No. 14, July 12, 2024
An applicant shall complete one of the following as a
					 prerequisite to Board licensure:
A.
				  1,000 hours of a school-supervised professional experience program conducted by
				  a school of pharmacy accredited by the American Council of Pharmaceutical
				  Education; or
B. 1,560 hours of
				  full-time training, as a registered pharmacy intern under the direct
				  supervision of licensed pharmacists pursuant to Regulation .05 of this chapter
				  as an applicant who:
(1) Has graduated from a
				  foreign school of pharmacy; or
(2)
				  Does not meet the requirements of §A of this regulation.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.02 - Examination for Licensure and Professional Experience Programs › Section 10.34.02.05 - Partial or Non-Pharmacy-School-Supervised Program of Internship

Current through Register Vol. 51, No. 14, July 12, 2024
A. Applicants may
				  complete the requirement for internship training by having at least 1,560 hours
				  of full-time training as a registered pharmacy intern, under the direct
				  supervision of licensed pharmacists.
B. The licensed pharmacists providing direct
				  supervision shall be approved by the Board.
C. The applicant shall present evidence
				  satisfactory to the Board that the applicant has completed the training under
				  this regulation, validated by the supervising pharmacist or
				  pharmacists.
D. If an approved
				  school or college of pharmacy offers a partial fulfillment of internship
				  requirements as a part of its curriculum, time spent in a program by an
				  applicant may be accepted by the Board on an equivalent basis to replace a
				  portion of the required 1,560-hour internship pharmacy internship training
				  under this regulation.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.03 - Inpatient Institutional Pharmacy › Section 10.34.03.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies to:
A. A permit holder that operates a pharmacy
				  that services an inpatient setting; and
B. A person or entity that holds a pharmacy
				  permit and operates a pharmacy in or for an institutional facility.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.03 - Inpatient Institutional Pharmacy › Section 10.34.03.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "Decentralized pharmacy" means an
				  institutional pharmacy which provides services for the population of an
				  institutional facility and is:
(a) Dependent
				  on another institutional pharmacy for:
(i)
				  Administrative control;
(ii)
				  Staffing with a licensed pharmacist physically available on site in the
				  decentralized pharmacy to supervise the performance of delegated pharmacy acts;
				  and
(iii) Drug procurement; and
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.03 - Inpatient Institutional Pharmacy › Section 10.34.03.03 - Issuance of Permits

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				  institutional pharmacy shall obtain required permits in compliance with State
				  and federal laws and regulations.
B. An institutional pharmacy shall:
(1) Staff a pharmacist at each decentralized
				  pharmacy site within the building or pavilion in which it is located;
				  and
(2) List decentralized pharmacy
				  sites within the building in which it is located, on the initial application,
				  or on the renewal application;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.03 - Inpatient Institutional Pharmacy › Section 10.34.03.04 - Policies and Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  director of pharmacy shall establish and operate under a policies and
				  procedures manual which:
(1) Complies with
				  this chapter;
(2) Defines the scope
				  and method of pharmacy services provided to the patients of the institutional
				  facility;
(3) Determines when
				  personnel may have access to the pharmacy area;
(4) Provides for the safe and efficient
				  dispensing and delivery of pharmaceutical products as outlined in this
				  subtitle;
(5) Includes:
(a) Labeling requirements that meet the
				  requirements of this chapter;
(b)
				  Distribution methods for medication that assures that a patient receives the
				  correct dose ordered by the prescriber;
(c) Packaging methods that assure the
				  medication is appropriately identified, designed to maintain stability until
				  expiration and traceable throughout the distribution chain to facilitate
				  recall;
(d) Distribution methods
				  that provide for safe handling of medications that may be manual or
				  computerized employing centralized, decentralized, or remote devices that meet
				  the requirements of COMAR 10.34.28.
(e) Pharmacy security methods that comply
				  with this chapter;
(f) Conditions
				  in which an emergency drug supply may be replenished or prepared, delivered,
				  and stored by the institutional facility;
(g) Duties that may be performed by a
				  licensed pharmacist, registered pharmacy technician and unlicensed personnel;
				  and
(h) Methods for proper disposal
				  of pharmaceuticals as required by State and federal law;
(6) Is provided to:
(a) The personnel of the pharmacy;
(b) The institutional facility; and
(c) Upon request, an agent of the Board;
				  and
(7) Is in a form
				  that is:
(a) Written or electronic;
				  and
(b) Readily
				  retrievable;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.03 - Inpatient Institutional Pharmacy › Section 10.34.03.05 - Personnel

Current through Register Vol. 51, No. 14, July 12, 2024
A. The permit
				  holder shall appoint a licensed pharmacist as director of pharmacy who shall:
(1) Be in full and actual charge of the
				  pharmacy and its personnel;
(2) Be
				  responsible for the operations of the pharmacy and for compliance with the
				  requirements of Health Occupations Article, Title 12, Annotated Code of
				  Maryland, and the regulations promulgated under that title; and
(3) Review the policies and procedures of the
				  pharmacy annually and revise them as necessary.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.03 - Inpatient Institutional Pharmacy › Section 10.34.03.06 - Security

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a pharmacist
				  is not present within the pharmacy, the pharmacist shall lock and secure the
				  pharmacy and any of its decentralized areas that contain pharmaceuticals before
				  leaving the pharmacy or the decentralized area.
B. Thedirector of pharmacy shall establish
				  policies and procedures for emergency access to the pharmacy or any of its
				  decentralized areas.
C. Security
				  Requirements. Entry into an institutional pharmacy area where prescription
				  drugs or devices are held shall be limited to authorized personnel under a
				  pharmacist.s direct supervision.
D.
				  An institutional pharmacy shall be equipped with:
(1) A security system to detect entry after
				  hours, if applicable;
(2) A
				  security system that provides additional protection against theft and
				  diversion;
(3) Appropriate software
				  to facilitate the identification of evidence of tampering with computers or
				  electronic records;
(4) An
				  inventory management and control system designed to protect against, detect,
				  and document instances of theft, diversion, or counterfeiting;
(5) A security system designed to protect the
				  integrity and confidentiality of data and documents;
(6) Video monitoring of entrances and exits,
				  or alternate acceptable security; and
(7) A means to make the data and
				  documentation required under this chapter readily available to:
(a) The Board;
(b) An agent of the Board; or
(c) Federal and State regulatory and law
				  enforcement officials.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.03 - Inpatient Institutional Pharmacy › Section 10.34.03.07 - Physical Requirements and Equipment

Current through Register Vol. 51, No. 14, July 12, 2024
A. The institutional pharmacy shall have
				  floor space, shelving, and equipment to ensure that drugs and supplies within
				  the institutional pharmacy are properly stored and prepared with respect to
				  sanitation, temperature, light, ventilation, moisture control, segregation, and
				  security.
B. The institutional
				  pharmacy shall have professional and technical equipment, supplies, and
				  adequate physical facilities for proper compounding, dispensing, and storage of
				  drugs.
C. The institutional
				  pharmacy shall have reference materials as required by COMAR
				  10.34.07.03G to
				  enable personnel to prepare and dispense drugs properly and perform
				  pharmaceutical care functions.
D.
				  The institutional pharmacy shall store alcohol and flammables in areas that
				  meet basic local building code requirements for the storage of volatiles and
				  such other laws, ordinances, or regulations as may apply.
E. An institutional pharmacy that provides
				  parenteral preparations shall comply with COMAR 10.34.19.
F. The institutional pharmacy shall dispose
				  of hazardous materials consistent with State and federal laws and
				  regulations;
G. The institutional
				  pharmacy is responsible for the maintenance of the institution's automated
				  medication systems in compliance with COMAR 10.34.28
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.03 - Inpatient Institutional Pharmacy › Section 10.34.03.08 - Responsibilities of Director of Pharmacy

Current through Register Vol. 51, No. 14, July 12, 2024
The director of pharmacy or designee shall:
A. Be responsible for the safe and efficient
				  dispensing, control, security, and accountability of drugs;
B. Work in cooperation with the other
				  professional staff of the institutional facility with respect to the duties
				  listed in this regulation and in ordering, administering, and controlling drug
				  products and materials, including prescription blanks;
C. Supervise the preparation of parenteral
				  and other medications compounded within the institutional facility;
D. Provide written policies and procedures to
				  hospital professional and technical staff with regard to admixtures prepared
				  within the institution outside of the institutional pharmacy including, but not
				  limited to:
(1) Establishing policies and
				  procedures for preparation and handling of the admixtures; and
(2) Providing incompatibility information
				  with respect to the admixtures;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.03 - Inpatient Institutional Pharmacy › Section 10.34.03.09 - Medication Packaging - Record Keeping

Current through Register Vol. 51, No. 14, July 12, 2024
A. A licensed pharmacist shall verify the
				  selection of medication to be packaged and verify the completed packaging of
				  medication performed by a registered pharmacy technician for the following:
(1) Accuracy;
(2) Completeness:
(3) Appropriateness; and
(4) Compliance with the U.S. Food and Drug
				  Administration and current United States Pharmacopeia approved
				  packaging.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.03 - Inpatient Institutional Pharmacy › Section 10.34.03.10 - Labeling for Use Outside the Institutional Facility

Current through Register Vol. 51, No. 14, July 12, 2024
A. The director of pharmacy or designee shall
				  ensure that the labels on drugs dispensed for use outside the facility by an
				  institutional pharmacy to clinics, ambulatory patients, or other patients about
				  to be discharged meet the requirements of Health Occupations Article, §
										12-505, Annotated
				  Code of Maryland.
B. The director
				  of pharmacy or designee shall ensure that the labels contain other information
				  that may be required by federal or State law or regulations including, but not
				  limited to, cautionary information.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.03 - Inpatient Institutional Pharmacy › Section 10.34.03.11 - Drug Dispensing - Emergency Supplies and Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. The director of pharmacy shall participate
				  in the development and maintenance of the formulary for emergency drugs and
				  supplies that are maintained throughout the institutional facility.
B. The director of pharmacy or designee
				  shall, in conjunction with the medical staff of the institutional facility,
				  develop and implement written policies and procedures to ensure compliance with
				  the provisions of this regulation.
C. The institutional pharmacy shall furnish
				  emergency drugs and supplies only if:
(1) The
				  emergency drugs and supplies are stored in an environment which:
(a) Maintains the integrity of the drugs;
				  and
(b) Provides accessibility only
				  to authorized personnel;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.03 - Inpatient Institutional Pharmacy › Section 10.34.03.12 - Drug Dispensing - Prescribers' Orders

Current through Register Vol. 51, No. 14, July 12, 2024
A. Drugs may be dispensed from the
				  institutional pharmacy only in response to medication orders issued by
				  prescribers who have been authorized to do so by law and by the governing body
				  of the institution.
B.
				  Documentation.
(1) Institutional Medication
				  Protocols.
(a) The pharmacist may dispense,
				  or make available, drugs for an approved institutional medication protocol if
				  conditions designated by the institution are met.
(b) The director of pharmacy or designee
				  shall assist in establishing institutional policies and procedures governing
				  the development of order-sets for each individual situation for which
				  institutional medication protocol orders exist.
(c) The appropriate committee of the
				  institution shall approve any order-sets before the pharmacist may provide the
				  medications based on the institutional medication protocol.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.03 - Inpatient Institutional Pharmacy › Section 10.34.03.13 - Controlled Dangerous Substances

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Drug Accountability.
(1) The director of
				  pharmacy is responsible for establishing procedures and maintaining adequate
				  written or electronic records regarding dispensing and accountability of
				  controlled dangerous substances which specify at least the following:
(a) Name and strength of the drug;
(b) Dose;
(c) Dosage form;
(d) Prescriber;
(e) Patient name with second
				  identifier;
(f) Date and time of
				  administration; and
(g) Individual
				  administering the drug;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.03 - Inpatient Institutional Pharmacy › Section 10.34.03.14 - Drug Recalls

Current through Register Vol. 51, No. 14, July 12, 2024
A. The director
				  of pharmacy or designee shall develop and implement a drug recall procedure
				  that can be readily activated to assure that drugs which have been recalled are
				  returned to the pharmacy for proper disposition.
B. If a recall has been initiated for a drug
				  that has been purchased by the institution, the director of pharmacy or
				  designee shall issue a notice in a timely manner informing affected departments
				  of the institution that the drug shall be returned to the pharmacy for proper
				  return or disposal.
C. The
				  institutional pharmacy is responsible for the timely retrieval of affected
				  drugs.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.03 - Inpatient Institutional Pharmacy › Section 10.34.03.15 - Adverse Drug Events

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  director of pharmacy or designee shall participate in the appropriate committee
				  or committees to establish procedures to report and record adverse drug events
				  including medication errors and adverse drug reactions.
B. The director of pharmacy or designee shall
				  immediately report adverse drug events to the prescriber, or the prescriber's
				  designee, and make a written or electronic report to the appropriate committee
				  or committees, as determined by the governing body of the institutional
				  facility.
C. The director of
				  pharmacy shall participate in the deliberations of the institutional committee
				  charged with the development of the programmatic and operational changes that
				  result from the analysis of medication errors or other adverse
				  events.
D. The director of
				  pharmacy, in collaboration with the medical staff and other appropriate
				  departments and services, shall develop and maintain a process for training
				  staff regarding detecting and reporting medication errors to prevent future
				  occurrences.
E. The director of
				  pharmacy or designee shall make further reports of adverse reactions as
				  required by federal or State law.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.03 - Inpatient Institutional Pharmacy › Section 10.34.03.16 - Pharmaceutical Care Functions of the Pharmacist

Current through Register Vol. 51, No. 14, July 12, 2024
The pharmacist shall be available as necessary to provide
					 pharmaceutical care to individual patients including, but not limited
					 to:
A. Participating in decisions
				  about medication use for patients including decisions not to use medication
				  therapy as well as judgments about:
(1)
				  Medication selection;
(2)
				  Dosages;
(3) Routes and methods of
				  administration;
(4) Medication
				  therapy monitoring; and
(5) The
				  provision of medication-related information and counseling to individual
				  patients;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.03 - Inpatient Institutional Pharmacy › Section 10.34.03.17 - Requirements for a Decentralized Pharmacy

Current through Register Vol. 51, No. 14, July 12, 2024
A. A decentralized pharmacy is subject to:
(1) Health Occupations Article, Title 12,
				  Annotated Code of Maryland;
(2)
				  This subtitle; and
(3) Other
				  applicable State and federal laws and regulations.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.04 - Transfer and Outsourcing of Prescriptions and Prescription Orders › Section 10.34.04.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter governs the:
A. Transfer of prescriptions between
				  pharmacies;
B. Filling of
				  prescriptions at one pharmacy pursuant to the request of staff of a second
				  pharmacy; and
C. Preparation of
				  medication for stock and investigational use.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.04 - Transfer and Outsourcing of Prescriptions and Prescription Orders › Section 10.34.04.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "Outsourcing" means the transmitting of a
				  prescription order from a primary pharmacy to a secondary pharmacy that
				  prepares the prescription.
(2)
				  "Patient specific" means a prescription order prepared and labeled for a
				  specific individual.
(3)
				  "Preparation" means compounding or packaging of medication.
(4) "Primary pharmacy" means the pharmacy
				  that initially receives a prescription order.
(5) "Secondary pharmacy" means the pharmacy
				  to which a prescription order is transmitted for subsequent dispensing to a
				  patient.
(6) "Stock medication"
				  means medication that is not labeled for, or intended for, use by a specific
				  patient when it leaves the pharmacy, but is intended to be stored and
				  ultimately administered by a licensed health care professional in accordance
				  with applicable laws and regulations.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.04 - Transfer and Outsourcing of Prescriptions and Prescription Orders › Section 10.34.04.03 - Permanent Transfer of a Prescription Between Pharmacies

Current through Register Vol. 51, No. 14, July 12, 2024
A pharmacist from a primary pharmacy may permanently
					 transfer a prescription order to a secondary pharmacy to be dispensed to a
					 specific patient if:
A. The
				  prescription is lawfully refillable;
B. The prescription is not for a Schedule II
				  controlled dangerous substance noted in Criminal Law Article, Title 5, Subtitle
				  4, Annotated Code of Maryland;
C.
				  The pharmacist transferring the prescription from the primary pharmacy
				  indicates on the prescription, within the prescription computer database and
				  within any appropriate other records used for dispensing:
(1) That the prescription has been
				  permanently transferred;
(2) The
				  name of the secondary pharmacy;
(3)
				  The name of the pharmacist who transferred the prescription to the secondary
				  pharmacy;
(4) The name of the
				  pharmacist at the secondary pharmacy to whom the prescription was transferred
				  if the transfer occurred in an oral manner; and
(5) The date on which the prescription was
				  transferred to the secondary pharmacy.