reglab/statecodes huggingface dataset:
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 10.34.04.04 - Refilling of Permanently Transferred Prescriptions

Current through Register Vol. 51, No. 14, July 12, 2024
A. A pharmacist at the primary pharmacy may
				  not refill a prescription that has been permanently transferred to a secondary
				  pharmacy.
B. The use of unified
				  prescription records by more than one pharmacy through a computerized
				  prescription database does not constitute a permanent transfer of a
				  prescription order.
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 10.34.04.05 - Documentation by the Secondary Pharmacy Receiving a Permanent Prescription Transfer

Current through Register Vol. 51, No. 14, July 12, 2024
The pharmacist at the secondary pharmacy who receives a
					 permanently transferred prescription document is responsible for maintaining
					 documentation in a readily retrievable and identifiable manner which
					 includes:
A. That the prescription was
				  transferred from another pharmacy;
B. The name and information identifying the
				  specific location of the primary pharmacy;
C. The name of the pharmacist who transferred
				  the prescription to the secondary pharmacy;
D. The name of the pharmacist at the
				  secondary pharmacy who accepted the transferred prescription;
E. The date of issuance of the original
				  prescription order;
F. The date on
				  which the prescription order was first filled;
G. The date of the last refill;
H. The number of remaining refills;
I. The original prescription number;
				  and
J. The date on which the
				  prescription was transferred to the secondary pharmacy.
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 10.34.04.06 - Outsourcing of a Prescription Order

Current through Register Vol. 51, No. 14, July 12, 2024
A pharmacist from a primary pharmacy may transmit a
					 prescription order to a secondary pharmacy for preparation and final dispensing
					 to a specific patient or for return to the primary pharmacy for final
					 dispensing to a specific patient if:
A. The label contains the name, address, and
				  phone number of the primary pharmacy;
B. The patient is informed in writing of the
				  name and address of the secondary pharmacy;
C. The patient is informed in writing that
				  the prescription order was prepared at a secondary pharmacy;
D. The original prescription order is filed
				  as a prescription order at the primary pharmacy;
E. The pharmacist from the primary pharmacy
				  documents in a readily retrievable and identifiable manner:
(1) That the prescription order was prepared
				  by a secondary pharmacy;
(2) The
				  name of the secondary pharmacy;
(3)
				  The name of the pharmacist who transmitted the prescription order to the
				  secondary pharmacy;
(4) The name of
				  the pharmacist at the secondary pharmacy to whom the prescription order was
				  transmitted if the transmission occurred in an oral manner;
(5) The date on which the prescription was
				  transmitted to the secondary pharmacy; and
(6) The date on which the medication was sent
				  to the primary pharmacy;
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 10.34.04.07 - Documentation by the Secondary Pharmacy when a Prescription Order is Outsourced

Current through Register Vol. 51, No. 14, July 12, 2024
The permit holder at the secondary pharmacy is responsible
					 for maintaining documentation in a readily retrievable and identifiable manner,
					 which includes:
A. That the
				  prescription order was transmitted from another pharmacy;
B. The name and information identifying the
				  specific location of the primary pharmacy;
C. The name of the pharmacist who transmitted
				  the prescription to the secondary pharmacy if the transmission occurred in an
				  oral manner;
D. The name of the
				  pharmacist at the secondary pharmacy who accepted the transmitted prescription
				  order;
E. The name of the
				  pharmacist at the secondary pharmacy who prepared the prescription
				  order;
F. The date on which the
				  prescription order was received at the secondary pharmacy; and
G. The date on which the prepared product was
				  sent to the primary pharmacy if it was sent back to the primary
				  pharmacy.
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 10.34.04.08 - Preparation of Stock and Investigational Medications

Current through Register Vol. 51, No. 14, July 12, 2024
A. A pharmacist may provide medication for
				  use as stock medication for a licensed health care facility in accordance with
				  applicable laws, if the pharmacy providing the medication also serves as the
				  primary provider of patient specific medication for the facility.
B. A pharmacist may provide medication for
				  use as stock medication for final dispensing or administration by an authorized
				  prescriber who is permitted by law to administer or dispense medication if the
				  pharmacist receives a written stock medication order from the authorized
				  prescriber for each delivery of medication to the authorized
				  prescriber.
C. A pharmacist may
				  prepare, package, and label investigational drugs not destined for a specific
				  individual at the time of preparation, packaging, and labeling if:
(1) The study for which medications are
				  prepared, packaged, and labeled is approved by an institutional review board as
				  defined in federal law; and
(2) The
				  pharmacy permit holder ensures that records disclosing the identity of the
				  subject who eventually receives the medication are:
(a) Received by a pharmacist on duty at the
				  pharmacy within 30 days after being provided to a patient; and
(b) Maintained in the pharmacy.
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 10.34.04.09 - Permit and Quality Assurance

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  The permit holder of a pharmacy which prepares patient specific prescriptions
				  as a secondary pharmacy such that these prescriptions account for 5 percent or
				  more of the pharmacy's total number of prescriptions filled shall submit to the
				  Board of Pharmacy, for approval by the Board or a designee of the Board, a plan
				  detailing the steps it has taken to ensure the safety and quality of
				  prescriptions filled as a secondary pharmacy.
B. The plan under §A of this regulation
				  shall include:
(1) Measures to be taken to
				  comply with State and federal laws;
(2) The method by which each pharmacist
				  responsible for each prescription is identified in the records;
(3) Measures taken to maintain the security,
				  integrity, and confidentiality of patient records; and
(4) The establishment and maintenance of a
				  quality assurance program.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.05 - Pharmacy Security › Section 10.34.05.01 - 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) "Emergency" means an event such as a
				  fire, water leak, electrical failure, public disaster, or catastrophe which may
				  impact the prescription area.
(2)
				  "Means of access" means the manner of entry into the secure prescription
				  area.
(3) "Prescription area" means
				  the portion of an establishment for which a pharmacy permit has been issued
				  which contains:
(a) Patient
				  records;
(b) Prescription devices;
				  and
(c) Prescription
				  drugs.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.05 - Pharmacy Security › Section 10.34.05.02 - Prescription Area

Current through Register Vol. 51, No. 14, July 12, 2024
A. The pharmacy
				  permit holder shall:
(1) Ensure that the
				  prescription area:
(a) Maintains temperature
				  and ventilation at levels that do not affect the prescription drugs or devices
				  stored in the area; and
(b) Permits
				  reasonable communication between the pharmacist and the public when the
				  pharmacy is open;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.05 - Pharmacy Security › Section 10.34.05.03 - Pharmacy Operation

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  pharmacist shall be immediately available on the premises to provide pharmacy
				  services at all times the pharmacy is in operation.
B. If the prescription area is not open the
				  same hours as the establishment, the pharmacy permit holder shall prominently
				  display signs indicating the business hours of the prescription area.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.05 - Pharmacy Security › Section 10.34.05.04 - Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. A pharmacy
				  permit holder shall:
(1) Prevent unauthorized
				  disclosure or loss by securing all patient records;
(2) Designate personnel with authorized
				  access to computerized patient records; and
(3) Maintain current computerized records in
				  a manner which permits reconstruction within 48 hours, except:
(a) In an emergency as defined in Regulation
				  .01 of this chapter, or
(b) With
				  the prior approval of the Board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.05 - Pharmacy Security › Section 10.34.05.05 - Security Responsibility

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  pharmacy permit holder is responsible for ensuring that pharmacists, employees,
				  and others who enter the pharmacy:
(1) Know and abide by
				  the requirements of this chapter;
(2) Maintain those
				  measures necessary to ensure this chapter's enforcement;
(3)
				  Report theft or significant loss of controlled dangerous substances to the:
(a) Board;
(b) Local police;
(c) Office of
				  Controlled Substances Administration; and
(d) U.S. Drug
				  Enforcement Administration; and
(4) Report theft of non-controlled
				  prescription drugs or devices to the Board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.06 - Reporting Pharmacist's, Pharmacy Intern's, and Pharmacy Technician's Mailing Address and Location of Employment › Section 10.34.06.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies to each pharmacist, pharmacy intern,
					 and pharmacy technician licensed or registered by the Maryland Board of
					 Pharmacy.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.06 - Reporting Pharmacist's, Pharmacy Intern's, and Pharmacy Technician's Mailing Address and Location of Employment › Section 10.34.06.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In these
				  regulations, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Board" means the State Board of
				  Pharmacy.
(2) "Mailing address"
				  means the address the pharmacist or pharmacy technician specifies that the
				  Board use when communicating with the pharmacist or pharmacy
				  technician.
(3) "Primary employment
				  location" means the establishment where the pharmacist or pharmacy technician
				  is employed on a regular basis or works most often.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.06 - Reporting Pharmacist's, Pharmacy Intern's, and Pharmacy Technician's Mailing Address and Location of Employment › Section 10.34.06.03 - Mailing Address

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each
				  licensed pharmacist, pharmacy intern, and registered pharmacy technician shall
				  report to the Board the pharmacist's, pharmacy intern's, or pharmacy
				  technician's current mailing address on the pharmacist's, pharmacy intern's, or
				  pharmacy technician's biennial license or registration renewal form.
B. The mailing address:
(1) May be the pharmacist's residence
				  address;
(2) Shall be the pharmacy
				  intern's residence address; or
(3)
				  Shall be the pharmacy technician's residence address.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.06 - Reporting Pharmacist's, Pharmacy Intern's, and Pharmacy Technician's Mailing Address and Location of Employment › Section 10.34.06.04 - Place of Employment

Current through Register Vol. 51, No. 14, July 12, 2024
A. This
				  regulation applies only to pharmacists, pharmacy interns, and pharmacy
				  technicians employed in Maryland.
B. Each licensed pharmacist, registered
				  pharmacy intern, and registered pharmacy technician shall report to the Board
				  the pharmacist's, pharmacy intern's, or pharmacy technician's place of
				  employment on the pharmacist, pharmacy intern, or pharmacy technician biennial
				  license or registration renewal form. A pharmacist, pharmacy intern, or
				  pharmacy technician employed at more than one location shall report the primary
				  employment location at the time the renewal form is submitted to the Board.
C. Within 30 days of a change in
				  the pharmacist's, pharmacy intern's, or pharmacy technician's primary
				  employment location, the pharmacist, pharmacy intern, or pharmacy technician
				  shall notify the Board in writing of any change in the information required by
				  this regulation. If the pharmacist's, pharmacy intern's, or pharmacy
				  technician's primary employment location changes and the pharmacist's, pharmacy
				  intern's, or pharmacy technician's new primary employment location is owned by
				  the same corporation, partnership, or individual owner, the pharmacist,
				  pharmacy intern, or pharmacy technician is not required to report the change
				  except when completing a biennial license or registration renewal form.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.06 - Reporting Pharmacist's, Pharmacy Intern's, and Pharmacy Technician's Mailing Address and Location of Employment › Section 10.34.06.05 - Grounds for Disciplinary Action

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  A pharmacist's failure to report the information required in Regulations .03
				  and .04 of this chapter or failure to provide the Board with complete,
				  up-to-date, and accurate information shall constitute grounds for action under
				  Health Occupations Article, §
										12-313(b)(25),
				  Annotated Code of Maryland, and may, in appropriate cases, constitute grounds
				  for action under Health Occupations Article, §
										12-313(b)(1),
				  (7), or (8), Annotated Code of Maryland.
B. A pharmacy technician's failure to report
				  the information required in Regulations .03 and .04 of this chapter or failure
				  to provide the Board with complete, up-to-date, and accurate information shall
				  constitute grounds for action under Health Occupations Article, § 12-6
				  B-09(25), Annotated Code of Maryland, and may, in appropriate cases, constitute
				  grounds for action under Health Occupations Article, § 12-6 B-09(2), (7),
				  or (8), Annotated Code of Maryland.
C. A pharmacy intern's failure to report the
				  information required in Regulations .03 and .04 of this chapter or failure to
				  provide the Board with complete, up-to-date, and accurate information:
(1) Shall constitute grounds for action under
				  Health Occupations Article, § 12-6 D-11(18), Annotated Code of Maryland;
				  and
(2) May, in appropriate cases,
				  constitute grounds for action under Health Occupations Article, § 12-6
				  D-11(3), (7), or (8), Annotated Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.07 - Pharmacy Equipment › Section 10.34.07.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following term has the meaning indicated.
B. Term Defined. "Material safety data
				  sheets" means a list of hazardous chemicals that provides detailed information
				  on each hazardous chemical, including its potential hazardous effects, its
				  physical and chemical characteristics and recommendations for appropriate
				  protective measures.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.07 - Pharmacy Equipment › Section 10.34.07.01-1 - Equipment

Current through Register Vol. 51, No. 14, July 12, 2024
A pharmacy shall have the following equipment to carry out
					 the practice of pharmacy in Maryland:
A. If applicable, a Class A prescription
				  balance and weights, or a prescription balance with equivalent or superior
				  sensitivity to a Class A prescription balance;
B. A refrigerator, solely for the storage of
				  drugs requiring refrigeration, with a thermometer or a temperature monitoring
				  device; and
C. A freezer, if
				  applicable.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.07 - Pharmacy Equipment › Section 10.34.07.02 - Additional Equipment

Current through Register Vol. 51, No. 14, July 12, 2024
The pharmacy shall maintain additional equipment to enable
					 it to prepare and dispense prescriptions properly consistent with its scope of
					 practice.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.07 - Pharmacy Equipment › Section 10.34.07.03 - Reference Libraries

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  pharmacy permit holder shall maintain an adequate reference library to enable
				  it to prepare and dispense prescriptions properly, consistent with its scope of
				  practice.
B. A pharmacy permit
				  holder shall maintain a library of reference sources appropriate to the type of
				  pharmacy practice at that particular location. A pharmacy permit holder shall
				  include in the pharmacy's library current material regarding the technical,
				  clinical, and professional aspects of practice with emphasis in the area in
				  which the pharmacy specializes.
B-1. A pharmacy permit holder may utilize
				  websites and electronic references created by established medical publishers
				  which are recognized as standard for a particular type of pharmacy practice as
				  a supplement to its printed library.
C. A pharmacy permit holder shall maintain a
				  library containing reference sources that:
(1)
				  Enable the pharmacist to compound medications in a safe and effective
				  manner;
(2) List the possible drug
				  interactions and possible adverse effects of medications dispensed by the
				  pharmacy;
(3) List the therapeutic
				  usage and dosages of medications dispensed by the pharmacy;
(4) List the therapeutic equivalents for
				  medications; and
(5) Provide
				  guidelines for the counseling of patients.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.08 - Information Required on Prescriptions or Patient Drug Profiles › Section 10.34.08.01 - Information Required on All Original and Refill Prescriptions or Patient Drug Profiles or Computerized Patient Drug Records

Current through Register Vol. 51, No. 14, July 12, 2024
In addition to the information required by law on every
					 prescription, patient drug profile, or computerized patient drug record, the
					 following information shall be legibly entered on all original and refill
					 prescriptions or patient drug profiles or computerized patient drug
					 records:
A. The date of filling or
				  refilling;
B. The initials of, or
				  other identifying symbol for:
(1) The
				  pharmacist responsible for filling or refilling the prescription; and
(2) The data-entry pharmacy technician
				  involved in the dispensing process.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.08 - Information Required on Prescriptions or Patient Drug Profiles › Section 10.34.08.02 - Access to Records

Current through Register Vol. 51, No. 14, July 12, 2024
The information required in Regulation .01 of this chapter
					 shall be readily retrievable for inspection during business hours by authorized
					 personnel.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.09 - Fees › Section 10.34.09.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter governs all licensees, permit holders,
					 registrants, or applicants for licenses or permits issued by the Board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.09 - Fees › Section 10.34.09.02 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
The following fees are established by the Board:
A. Pharmacist Fees.
(1) Pharmacist examination fee -
				  $150;
(2) Pharmacist reciprocity
				  fee - $300;
(3) Pharmacist renewal
				  fee - $225;
(4) Pharmacist
				  reinstatement fee for up to 2 years after license expiration, payable in
				  addition to renewal fee - $300; and
(5) Pharmacist reinstatement fee for more
				  than 2 years after license expiration, payable in addition to renewal fee -
				  $315.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.09 - Fees › Section 10.34.09.03 - Change of Fees

Current through Register Vol. 51, No. 14, July 12, 2024
Fees are subject to change by action of the Board of
					 Pharmacy. Licensees, registrants, and applicants shall be notified of the
					 change.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.10 - Pharmacist, Pharmacy Intern, and Pharmacy Technician Code of Conduct › Section 10.34.10.01 - Patient Safety and Welfare

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  A pharmacist shall:
(1) Abide by all federal
				  and State laws relating to the practice of pharmacy and the dispensing,
				  distribution, storage, and labeling of drugs and devices, including but not
				  limited to:
(a) United States Code, Title
				  21,
(b) Health-General Article,
				  Titles 21 and 22, Annotated Code of Maryland,
(c) Health Occupations Article, Title 12,
				  Annotated Code of Maryland,
(d)
				  Criminal Law Article, Title 5, Annotated Code of Maryland, and
(e) COMAR 10.19.03;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.10 - Pharmacist, Pharmacy Intern, and Pharmacy Technician Code of Conduct › Section 10.34.10.02 - Compensation

Current through Register Vol. 51, No. 14, July 12, 2024
A pharmacy technician, pharmacy intern, or a pharmacist may
					 not fraudulently seek or accept compensation for a pharmacy product or service
					 not provided.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.10 - Pharmacist, Pharmacy Intern, and Pharmacy Technician Code of Conduct › Section 10.34.10.03 - Patient Privacy

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  pharmacy technician, pharmacy intern, pharmacist, and pharmacy permit holder
				  shall ensure confidentiality in creating, storing, accessing, transferring, and
				  disposing of a patient record.
B.
				  A pharmacy technician, pharmacy intern, or pharmacist may not disclose
				  identifiable information contained in a patient's medical record:
(1) Without the patient's consent;
(2) Without order or direction of a court;
				  or
(3) Unless the disclosure is
				  authorized pursuant to Health-General Article, §§4-301 -4-307,
				  Annotated Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.10 - Pharmacist, Pharmacy Intern, and Pharmacy Technician Code of Conduct › Section 10.34.10.04 - Competence

Current through Register Vol. 51, No. 14, July 12, 2024
A pharmacy technician, pharmacy intern, or a pharmacist
					 shall:
A. Maintain knowledge of the
				  current pharmacy and drug laws and health and sanitation laws relevant to the
				  practice of pharmacy; and
B.
				  Provide a pharmaceutical service only within the scope of the pharmacy
				  technician's, pharmacy intern's, or pharmacist's training and education.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.10 - Pharmacist, Pharmacy Intern, and Pharmacy Technician Code of Conduct › Section 10.34.10.05 - Duty to Report

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except when
				  the conduct in question includes drug or alcohol abuse or dependency, a
				  pharmacy technician, pharmacy intern, or pharmacist shall report to the Board:
(1) Conduct which violates a statute or
				  regulation pertaining to the practice of pharmacy;
(2) Conduct by a pharmacy technician,
				  pharmacy intern, or pharmacist that deceives, defrauds, or harms the public;
				  and
(3) The unauthorized practice
				  of pharmacy.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.10 - Pharmacist, Pharmacy Intern, and Pharmacy Technician Code of Conduct › Section 10.34.10.06 - Discrimination, Harassment, and Sexual Misconduct

Current through Register Vol. 51, No. 14, July 12, 2024
A. In the practice of pharmacy, a pharmacy
				  technician, pharmacy intern, or pharmacist may not:
(1) Discriminate based on age, gender, race,
				  ethnicity, national origin, religion, sexual orientation, disability,
				  socioeconomic status, or other basis as proscribed by law; or
(2) Sexually harass a patient, coworker,
				  employee, or supervisee, which includes but is not limited to an unwanted,
				  deliberate, or repeated comment, gesture, or physical contact of a sexual
				  nature.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.10 - Pharmacist, Pharmacy Intern, and Pharmacy Technician Code of Conduct › Section 10.34.10.07 - Disposition and Return of a Prescription Drug or Device

Current through Register Vol. 51, No. 14, July 12, 2024
A. A pharmacist may accept the return of a
				  properly labeled and properly sealed manufacturer's package or individual unit
				  dose of a drug or device that the pharmacist determines to have been handled in
				  a manner which preserves the strength, quality, purity, and identity of the
				  drug or device during an interim period between the sale of the drug or device
				  and its return to the pharmacy.
B.
				  A pharmacist may not:
(1) Return to the
				  pharmacy's stock or offer for sale a prescribed drug or device that has been
				  previously sold and has left the pharmacy's possession except as provided in
				  §A of this regulation; or
(2)
				  Sell, give away, or otherwise dispose of a drug, drug accessory, chemical, or
				  device if the pharmacist knows or should know that the drug, drug accessory,
				  chemical, or device is to be used in an illegal activity.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.10 - Pharmacist, Pharmacy Intern, and Pharmacy Technician Code of Conduct › Section 10.34.10.08 - Refusing to Dispense a Controlled Substance

Current through Register Vol. 51, No. 14, July 12, 2024
A. If, based on generally accepted
				  professional standards for the practice of pharmacy, a pharmacist has reason to
				  believe, or should have reason to believe, that a prescription for a controlled
				  dangerous substance was not issued for a legitimate medical purpose in the
				  usual course of the prescriber's practice, the pharmacist may not dispense the
				  controlled dangerous substance until the pharmacist:
(1) Consults with the prescriber;
				  and
(2) Verifies the medical
				  legitimacy of the prescription.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.10 - Pharmacist, Pharmacy Intern, and Pharmacy Technician Code of Conduct › Section 10.34.10.09 - Sanctions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board may
				  take action to reprimand a licensee, place the licensee on probation, or
				  suspend or revoke the licensee's license if the licensee commits a violation of
				  this chapter.
B. The Board may take
				  action to reprimand a registrant, place the registrant on probation, or suspend
				  or revoke the registrant's registration if the registrant commits a violation
				  of this chapter.
C. The Board may
				  impose a monetary penalty as authorized under Health Occupations Article,
				  §§
										12-314,
				  12-410, and 12-6
				  B-10, Annotated Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.10 - Pharmacist, Pharmacy Intern, and Pharmacy Technician Code of Conduct › Section 10.34.10.10 - Whole or Substantial Ownership of a Pharmacy by an Authorized Prescriber

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				  regulation, owned wholly or substantially means ownership of 10 percent or more
				  of a pharmacy.
B. A pharmacist may
				  not associate as a partner, coowner, or employee of a pharmacy that is owned
				  wholly or substantially by an authorized prescriber or group of authorized
				  prescribers.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.11 - Disciplinary Sanctions, Monetary Penalties, and Civil Fines › Section 10.34.11.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter establishes standards for the imposition of
					 disciplinary sanctions, monetary penalties, and civil fines for violations of
					 Health Occupations Article, Title 12, Annotated Code of
					 Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.11 - Disciplinary Sanctions, Monetary Penalties, and Civil Fines › Section 10.34.11.02 - 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) "Act" means Health Occupations Article,
				  Title 12, Annotated Code of Maryland.
(2) "Board" means the State Board of
				  Pharmacy.
(3) "Civil fine" means a
				  fine assessed by the Board against a person for practicing without an active
				  license, pharmacy permit, registration, or wholesale distributor
				  permit.
(4) "License" means, unless
				  the context requires otherwise, a license issued by the Board to practice
				  pharmacy.
(5) "Penalty" means
				  monetary penalty.
(6) "Pharmacy
				  permit" means a permit issued by the Board to establish and operate a
				  pharmacy.
(7) "Registration" means,
				  unless the context requires otherwise, a registration issued by the Board to
				  practice pharmacy as a registered pharmacy intern under the direct supervision
				  of a licensed pharmacist or perform delegated pharmacy acts as a registered
				  pharmacy technician under the direct supervision of a licensed pharmacist.
(8) "Sanction" means a
				  disciplinary action reprimanding, restricting, suspending, or revoking a
				  license, pharmacy permit, registration, or wholesale distributor
				  permit.
(9) "Wholesale distributor
				  permit" means a permit issued by the Board to establish and operate a wholesale
				  distributor as defined in the Health Occupations Article, § 12-6 C-01(v),
				  Annotated Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.11 - Disciplinary Sanctions, Monetary Penalties, and Civil Fines › Section 10.34.11.03 - Imposition of Disciplinary Sanctions or Monetary Penalties Generally

Current through Register Vol. 51, No. 14, July 12, 2024
A. After a hearing
				  pursuant to Health Occupations Article, §
										12-315,
				  12-601,
				  12-6B-09, or
				  12-6D-11,
				  Annotated Code of Maryland, the Board may impose a penalty against a pharmacy
				  technician, pharmacy intern, pharmacist, or wholesale distributor permit holder
				  pursuant to Health Occupations Article, §
										12-314, 12-6 B-10,
				  12-6C-11, or 12-6D-12, Annotated Code of Maryland, instead of or in addition
				  to:
(1) Reprimanding the registrant,
				  licensee, or wholesale distributor permit holder;
(2) Placing the registrant, licensee, or
				  wholesale distributor permit holder on probation;
(3) Suspending a registration, license, or
				  wholesale distributor permit; or
(4) Revoking a registration, license, or
				  wholesale distributor permit.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.11 - Disciplinary Sanctions, Monetary Penalties, and Civil Fines › Section 10.34.11.04-1 - Guidelines for Imposition of Disciplinary Sanctions or Monetary Penalties on Pharmacy Interns

Current through Register Vol. 51, No. 14, July 12, 2024
A. Subject
				  to the provisions of this chapter, the Board may impose the following sanctions
				  and, if appropriate, penalties for violations of the Act and its regulations
				  according to the minimum and maximum sanctions and penalties set forth in the
				  following categories:
Violation
Minimum Sanction
Maximum Sanction
Minimum Penalty
Maximum Penalty
(1)
False application or registration
Probation for 1 year
Denial of registration application or revocation
$50
$2,500
(2)
Performing an act restricted to a licensed
								pharmacist
Reprimand
Revocation
$50
$2,500
(3)
Practicing pharmacy without appropriate
								supervision
Probation for 1 year
Revocation
$50
$2,500
(4)
Aiding an unauthorized individual to practice
								pharmacy
Reprimand
Revocation
$50
$2,500
(5)
Providing professional services while under the
								influence of alcohol or drugs
Probation for 6 months
Revocation
$250
$2,500
(6)
Knowingly aids a pharmacist in dispensing any
								drug, device, or diagnostic for which a prescription is required without a
								prescription
Reprimand
Revocation
$100
$2,500
(7)
Convicted of, or pled guilty to, a felony or crime
								of moral turpitude
Probation for 1 year
Revocation
$500
$2,500
(8)
Reciprocal discipline
Reprimand
Revocation
$250
$2,500
(9)
Physical or mental incompetence
Probation for 1 year
Revocation
NA
NA
(10)
Confidentiality violation
Probation for 1 year
Revocation
$500
$2,500
(11)
Diversion
Active
suspension for 1 year
Revocation
$1,000
$2,500
(12)
Professional incompetence
Reprimand
Revocation
$100
$2,500
(13)
Sexual misconduct
Active
suspension for 1 year
Revocation
$1,000
$2,500
(14)
Failure to cooperate in an investigation of the
								Board or the Division of Drug Control
Reprimand
Revocation
$50
$2,500
(15)
Failure to comply with an order of the Board
Probation for 1 year
Revocation
$50
$2,500
(16)
Other violation of the Act not specifically
								enumerated in this chapter
Reprimand
Revocation
$50
$2,500
B.
				  If a registrant is found in violation of more than one category enumerated in
				  this regulation, the category or categories containing the highest maximum
				  sanction and penalty shall control.
C. A departure from the guidelines set forth
				  in this regulation, on its own, is not grounds for any hearing or appeal of a
				  Board action.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.11 - Disciplinary Sanctions, Monetary Penalties, and Civil Fines › Section 10.34.11.05 - Guidelines for Imposition of Disciplinary Sanctions or Monetary Penalties on Pharmacy Technicians

Current through Register Vol. 51, No. 14, July 12, 2024
A. Subject
				  to the provisions of this chapter, the Board may impose the following sanctions
				  and, if appropriate, penalties for violations of the Act and its regulations
				  according to the minimum and maximum sanctions and penalties set forth in the
				  following categories:
Violation
(1)
False application and registration
Probation for 1 year
Denial of registration application or revocation
(2)
Performing acts outside of permissible scope
Probation for 1 year
Revocation
(3)
Convicted of, or pled guilty to, a felony or crime of
							 moral turpitude
Probation for 1 year
Denial of registration application or revocation
(4)
Physical or mental incompetence
Active suspension for 1 year
Denial of registration application or revocation
(5)
Diversion
Active suspension for 1 year
Revocation
(6)
Reciprocal discipline
Reprimand
Denial of registration application or revocation
(7)
Lack of good moral character
Probation for 1 year
Denial of registration application or revocation
(8)
Sexual misconduct
Active suspension for 1 year
Revocation
(9)
Professional incompetence
Probation for 1 year
Revocation
(10)
Confidentiality violation
Probation for 1 year
Revocation
(11)
Failure to cooperate in Board or Division of Drug
							 Control investigation
Reprimand
Denial of registration application or revocation
(12)
Other violation of the Act not specifically enumerated
							 in this chapter
Reprimand
Revocation
B.
				  If a registrant is found in violation of more than one category enumerated in
				  this regulation, the category or categories containing the highest maximum
				  sanction and penalty shall control.
C. A departure from the guidelines set forth
				  in this regulation, on its own, is not grounds for any hearing or appeal of a
				  Board action.
D. The Board may not
				  consider a petition for reinstatement of a registration that has been revoked
				  until at least 5 years have passed from the date of revocation.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.11 - Disciplinary Sanctions, Monetary Penalties, and Civil Fines › Section 10.34.11.06 - Guidelines for Imposition of Disciplinary Sanctions or Monetary Penalties on Pharmacy Permit Holder

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Subject to the provisions of this chapter, the Board may impose the following
				  sanctions and, if appropriate, penalties for violations of the Act and its
				  regulations according to the minimum and maximum sanctions and penalties set
				  forth in the following categories:
Violation
(1)
False application and registration
Suspension for 30 days
Denial of permit application or revocation
(2)
Misrepresenting a permit
Active suspension for 1 year
Revocation
(3)
Failure to notify the Board of closing
N/A
N/A
(4)
Failure to notify the Board of a change in
							 ownership
Suspension for 30 days
Revocation
(5)
Failure to maintain necessary equipment and
							 appliances
Suspension for 30 days
Revocation
(6)
Failure to keep pharmacy clean and orderly
Suspension for 30 days
Active suspension for 6 months
(7)
Failure to maintain proper security
Suspension for 30 days
Revocation
(8)
Employing unlicensed or unregistered personnel
Suspension for 30 days
Revocation
(9)
Reciprocal discipline
Suspension for 30 days
Revocation
(10)
Failure to cooperate in Board or Division of Drug
							 Control investigation
Suspension for 30 days
Revocation
(11)
Failure to store drugs or devices in accordance with
							 Board regulations
Suspension for 30 days
Revocation
(12)
Failure to have a pharmacist on the premises at all
							 times the pharmacy is operational
Suspension for 30 days
Revocation
(13)
Record keeping violation
Suspension for 30 days
Active suspension for 1 year
(14)
Standard of practice violation
Suspension for 30 days
Revocation
(15)
Purchasing prescription drugs from an unlicensed
							 wholesale distributor
Suspension for 30 days
Revocation
(16)
Other violation of the Act not specifically enumerated
							 in this chapter
Suspension for 30 days
Revocation
B.
				  If a pharmacy permit holder is found in violation of more than one category
				  enumerated in this regulation, the category or categories containing the
				  highest maximum sanction and penalty shall control.
C. A departure from the guidelines set forth
				  in this regulation, on its own, is not grounds for any hearing or appeal of a
				  Board action.
D. The Board may not
				  consider a petition for reinstatement of a pharmacy permit that has been
				  revoked until at least 5 years have passed from the date of
				  revocation.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.11 - Disciplinary Sanctions, Monetary Penalties, and Civil Fines › Section 10.34.11.07 - Guidelines for Imposition of Disciplinary Sanctions or Monetary Penalties on Wholesale Distributor Permit Holder

Current through Register Vol. 51, No. 14, July 12, 2024
A. Subject to the provisions of this chapter,
				  the Board may impose the following sanctions and, if appropriate, penalties for
				  violations of the Act and its regulations according to the minimum and maximum
				  sanctions and penalties set forth in the following categories:
Violation
(1)
False application and registration
Probation for 1 year
Denial of permit application or revocation
(2)
Operating without a necessary permit
Probation for 1 year
Revocation
(3)
Record keeping violation
Reprimand
Active suspension for 5 years
(4)
Failure to cooperate in an inspection or investigation
							 by the Board or its agent
Reprimand
Revocation
(5)
Receiving, creating, or distributing altered,
							 misbranded, or counterfeit drugs or devices
Reprimand
Revocation
(6)
Pedigree violation
Probation for 1 year
Revocation
(7)
Purchasing, receiving, selling, or transferring
							 prescription drugs or devices to or from and unlicensed source
Probation for 1 year
Revocation
(8)
Providing false or fraudulent documents or statements
							 to the Board
Active suspension for 1 year
Revocation
(9)
Distributing or receiving drugs or devices that were
							 purchased by a public or private hospital or other health care entity
Probation for 2 years
Revocation
(10)
Distributing or receiving drugs or devices that were
							 stolen or obtained by fraud or deceit
Probation for 3 years
Revocation
(11)
Convicted of, or pled guilty to, a felony or crime of
							 moral turpitude
Probation for 2 years
Denial of permit application or revocation
(12)
Convicted of, or pled guilty to, a violation of
							 federal, state, or local drug or device law or regulation
Reprimand
Denial of permit application or revocation
(13)
Distributing a prescription drug or device that was
							 previously dispensed by a pharmacy or distributed by a practitioner
Active suspension for 2 years
Revocation
(14)
Failure to report prohibited acts
Reprimand
Revocation
(15)
Reciprocal discipline
Reprimand
Revocation
(16)
Failure to comply with conditions of probation
Probation for 1 year
Revocation
(17)
Other violation of the Act not specifically enumerated
							 in this chapter
Reprimand
Revocation
B.
				  If a wholesale distributor permit holder is found in violation of more than one
				  category enumerated in this regulation, the category or categories containing
				  the highest maximum sanction and penalty shall control.
C. A departure from the guidelines set forth
				  in this regulation, on its own, is not grounds for any hearing or appeal of a
				  Board action.
D. The Board may not
				  consider a petition for reinstatement of a wholesale distributor permit that
				  has been revoked until at least 5 years have passed from the date of
				  revocation.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.11 - Disciplinary Sanctions, Monetary Penalties, and Civil Fines › Section 10.34.11.08 - Mitigating and Aggravating Factors to Be Considered in the Assessment of the Sanction and Penalty

Current through Register Vol. 51, No. 14, July 12, 2024
A. Depending
				  upon the facts and circumstances of each case, and to the extent that they
				  apply, the Board may consider the following mitigating and aggravating factors
				  in determining whether the sanction in a particular case should fall outside
				  the range of sanctions established by the guidelines. These factors may
				  include, but are not limited to, the following:
(1) Mitigating Factors:
(a) The licensee's, registrant's, or permit
				  holder's lack of a prior disciplinary record;
(b) The licensee, registrant, or permit
				  holder self-reported the violation to the Board;
(c) The licensee's, registrant's, or permit
				  holder's full and voluntary admission of misconduct to the Board and
				  cooperation during Board proceedings;
(d) The licensee, registrant, or permit
				  holder implemented remedial measures to correct or mitigate harm arising from
				  the misconduct;
(e) The licensee,
				  registrant, or permit holder made a timely good-faith effort to make
				  restitution or to rectify the consequences of the misconduct;
(f) Evidence of rehabilitation or
				  rehabilitative potential;
(g)
				  Absence of premeditation to commit the misconduct;
(h) Absence of potential harm to public or
				  adverse impact; and
(i) The
				  licensee's, registrant's, or permit holder's conduct was an isolated incident
				  and not likely to recur; and