MARYLAND PHARMACY LAWS

MARYLAND PHARMACY LAWS

PHARMACY ACT

HEALTH OCCUPATIONS , TITLE 12

Pharmacist Licensure and Disciplinary Information: Titles §12-301 to §12-313

§ 12-301.

(a) Except as otherwise provided in this title, an individual shall be licensed by the Board before the individual may practice pharmacy in this State.

(b) This section does not apply to an individual while engaging in a professional experience program under the direct supervision of a licensed pharmacist.

§ 12-302.

(a) To qualify for a license, an applicant shall be an individual who meets the requirements of this section.

(b) The applicant shall be of good moral character.

(d) The applicant shall:

(1) Be a graduate of a school or college of pharmacy that is approved by the Board or accredited by the American Council on Pharmaceutical Education; and

(2) Have completed the professional experience program that the Board requires.

(e) Except as otherwise provided in this title, the applicant shall pass an examination given by the Board under this subtitle.

(f) (1) In this subsection, "foreign school or college of pharmacy" means a school or college of pharmacy that is not located in any state in the United States.

(2) The Board may waive the requirements of subsection (d)(1) of this section for an applicant who is a graduate of a foreign school or college of pharmacy, provided that the applicant passes an examination approved by the Board in addition to the examinations otherwise given by the Board under this subtitle.

(g) (1) The Board shall require, as part of its examination or licensing procedures, an applicant for a license to practice pharmacy to demonstrate an oral competency in the English language by passing a Board approved standardized test of oral competency.

(2) The Board shall adopt regulations that establish a procedure for testing an individual who because of the individual's speech or hearing impairment is unable to complete satisfactorily a Board approved standardized test of oral competency.

(3) If any disciplinary charge or action that relates to a problem with the oral communication of the English language is brought against a licensee under this title, the Board shall require the licensee to pass a Board approved standardized test of oral competency.

(4) The Board may not require an applicant for a license to practice pharmacy, who was previously licensed in another state to practice pharmacy, to demonstrate an oral competency in the English language, if the other state's examination and licensing procedures at the time the applicant was licensed in the other state included an oral competency component similar to the oral competency component in this State's examination and licensing procedures.

§ 12-303.

(a) To apply for a license, an applicant shall:

(1) Submit an application to the Board on the form that the Board requires; and

(2) Pay the application fees set by the Board.

(b) An application shall be signed and verified by the applicant as to completion of the required professional experience program.

§ 12-304.

(a) An applicant who otherwise qualifies for a license is entitled to be examined as provided in this section.

(b) The Board shall give examinations to applicants at least twice a year, at the times and places that the Board determines.

(d) The Board shall determine the subjects, scope, form, and passing score for examinations given under this subtitle.

§ 12-305.

(a) Subject to the provisions of this section, the Board may waive any examination requirement of this title for an applicant who is licensed to practice pharmacy in any other state, if that state grants a similar waiver to licensees of this State.

(b) The Board may grant a waiver under this section only if the applicant:

(1) Is of good moral character;

(2) Pays the application fees set by the Board; and

(3) Provides adequate evidence that the applicant:

(i) Meets the qualifications otherwise required by this title; and

(ii) Became licensed or registered in the other state to practice pharmacy only after passing an examination that is approved by the Board.

(c) The Board shall adopt by regulation an examination to be administered to applicants who are licensed to practice pharmacy in any other state.

§ 12-306.

The Board shall issue a license to any applicant who meets the requirements of this title.

§ 12-307.

(a) A license authorizes the licensee to practice pharmacy while the license is effective.

(b) Except as otherwise provided in this section, a pharmacist may engage in dispensing or distributing only from a pharmacy holding a pharmacy permit issued by the Board.

(c) Pursuant to regulations adopted by the Board, a licensed pharmacist may engage in dispensing or distributing from a setting not holding a pharmacy permit only upon receiving the prior approval of the Board.

§ 12-308.

(a) (1) A license expires on the date set by the Board unless it is renewed for an additional term as provided in this section.

(2) A license may not be renewed for a term longer than 2 years.

(b) At least 1 month before the license expires, the Board shall send to the licensee, by first-class mail to the last known address of the licensee, a renewal notice that states:

(1) The date on which the current license expires;

(2) The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the license expires; and

(3) The amount of the renewal fee.

(c) Before the license expires, the licensee periodically may renew it for an additional term set by the Board in its regulations, if the licensee:

(1) Otherwise is entitled to be licensed;

(2) Pays to the Board a renewal fee set by the Board; and

(3) Submits to the Board:

(i) A renewal application on the form that the Board requires; and

(ii) Satisfactory evidence of compliance with the continuing education requirements set under this subtitle for license renewal.

(d) The Board shall renew the license of and issue a renewal certificate to each licensee who meets the requirements of this section.

§ 12-309.

(a) Except as permitted in subsections (b) and (c) of this section, the Board may not renew the license and issue a certificate of renewal to any pharmacist until the pharmacist presents evidence of having completed 30 hours of approved continuing pharmaceutical education within the preceding 2 years.

(b) The Board may renew the license and issue a certificate of renewal to a pharmacist who presents acceptable evidence that the pharmacist was unable to comply with subsection (a) of this section.

(c) The Board may renew the license and issue a certificate of renewal for the first renewal period following the issuance of the original license without requiring a pharmacist to complete any continuing pharmaceutical education, if the pharmacist obtains a license within 1 year of the completion of the pharmacist's pharmaceutical education.

(d) The Board shall evaluate and approve programs of continuing pharmaceutical education submitted to the Board by the person who intends to offer the program.

(e) Each program of continuing pharmaceutical education shall consist of at least 1 continuing education unit, which is 1 hour of participation in an organized continuing educational experience, including postgraduate studies, institutes, seminars, lectures, conferences, workshops, correspondence courses, cassette programs, programmed learning courses, audiovisual programs, and any other form of presentation that is approved by the Board.

(f) Any aspect of the practice of pharmacy may be the subject of a program of continuing pharmaceutical education, including pharmaceutics (compounding), pharmacology, pharmaceutical chemistry, biochemistry, physiology, microbiology, pharmacy administration, and professional practice management.

(g) Each program of continuing pharmaceutical education submitted to the Board of Pharmacy for approval shall:

(1) Have a definite stated objective;

(2) Be presented in an organized manner by a qualified instructor or resource person; and

(3) Include a method of program evaluation that is suitable to the type of program being presented.

(h) Each person who offers a program of continuing pharmaceutical education shall:

(1) Provide a means for registration by the participants;

(2) Maintain a record of participation for at least 3 years; and

(3) Furnish each participant with adequate documentation of satisfactory completion of the program, including:

(i) The name of the participant;

(ii) The name of the sponsor;

(iii) The type of program completed;

(iv) The number of continuing education hours or units completed; and

(v) The date of completion.

(i) For purposes of evaluation, members of the Board may attend and participate in any continuing pharmaceutical education program approved for credit.

(j) A pharmacist who completes a program of continuing pharmaceutical education that is not previously approved by the Board may request the Board, in writing, to approve the program for credit.

(k) The Board shall adopt regulations that are necessary to carry out the purposes of this section.

(l) Any continuing education program that is currently approved by the American Council on Pharmaceutical Education automatically qualifies for continuing education credit.

§ 12-310.

(a) The Board shall reinstate the license of a pharmacist whose license has been expired for less than 2 years, if the pharmacist:

(1) Meets the renewal and reinstatement requirements set by rule and regulation of the Board; and

(2) Pays to the Board the reinstatement fee set by the Board.

(b) The Board shall reinstate the license of a pharmacist whose license has been expired for 2 years or more if the pharmacist:

(1) Meets the reinstatement requirements established by the Board in its rules or regulations; and

(2) Satisfies the requirements of subsection (a) of this section.

§ 12-311.

Each licensee shall display the license conspicuously in the office or place of business of the licensee.

§ 12-312.

(a) Unless the Board agrees to accept the surrender of a license, a licensed pharmacist may not surrender the license nor may the license lapse by operation of law while the licensee is under investigation or while charges are pending against the pharmacist.

(b) The Board may set conditions on its agreement with the pharmacist under investigation or against whom charges are pending to accept surrender of the pharmacist's license.

§ 12-313.

(a) In this section, "convicted" includes a determination of guilt, a guilty plea, or a plea of nolo contendere followed by a sentence.

(b) Subject to the hearing provisions of § 12-315 of this subtitle, the Board, on the affirmative vote of a majority of its members then serving, may deny a license to any applicant, reprimand any licensee, place any licensee on probation, or suspend or revoke a license if the applicant or licensee:

(1) Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;

(2) Fraudulently or deceptively uses a license;

(3) Aids an unauthorized individual to practice pharmacy or to represent that the individual is a pharmacist;

(4) Provides professional services while:

(i) Under the influence of alcohol; or

(ii) Using any narcotic or controlled dangerous substance, as defined in § 5-101 of the Criminal Law Article, or other drug that is in excess of therapeutic amounts or without valid medical indication;

(5) Submits a false statement to collect a fee;

(6) Willfully makes or files a false report or record as part of practicing pharmacy;

(7) Willfully fails to file or record any report that is required by law;

(8) Willfully impedes or obstructs the filing or recording of any report that is required by law;

(9) Willfully induces another to fail to file or record any report that is required by law;

(10) Provides or causes to be provided to any authorized prescriber prescription forms that bear the name, address, or other means of identification of a pharmacist or pharmacy;

(11) Provides remuneration to an authorized prescriber for referring an individual to a pharmacist or pharmacy for a product or service to be provided by that pharmacist or pharmacy;

(12) Agrees with an authorized prescriber to prepare or dispense a secret formula prescription;

(13) Except as to an association that has remained in continuous existence since July 1, 1963, associates as a partner, coowner, or employee of a pharmacy that is owned wholly or substantially by an authorized prescriber or group of authorized prescribers;

(14) Dispenses any drug, device, or diagnostic for which a prescription is required without a written, oral, or electronically transmitted prescription from an authorized prescriber;

(15) Except as provided in § 12-506 of this title, unless an authorized prescriber authorizes the refill, refills a prescription for any drug, device, or diagnostic for which a prescription is required;

(16) Violates any provision of § 12-505 of this title, which concerns the labeling requirements for prescriptions for drugs, devices, or diagnostics;

(17) Violates any provision of § 12-603 of this title, which concerns the home dialysis distribution program;

(18) Advertises or otherwise publicly claims to dispense prescriptions or practice pharmacy in a superior manner;

(19) Advertises in a manner that tends to deceive or defraud the public;

(20) Is professionally, physically, or mentally incompetent;

(21) Is convicted of or pleads guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside;

(22) Is convicted of a violation of this title;

(23) Is disciplined by a licensing or disciplinary authority of any state or country or convicted or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under the Board's disciplinary statutes;

(24) Violates any rule or regulation adopted by the Board;

(25) Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the licensee is licensed and qualified to render because the individual is HIV positive;

(26) Violates any provision of § 12-507 of this title;

(27) Provides or causes to be provided confidential patient information to any person without first having obtained the patient's consent, as required by § 12-403(b)(13) of this title and by Title 4, Subtitle 3 of the Health - General Article; or

(28) Fails to cooperate with a lawful investigation conducted by the Board or the Division of Drug Control.

For more information contact the Board of Pharmacy at (410)764-4755 or visit the Board’s web site at www.mdbop.org .