512

LAWS OF MARYLAND

Ch.8

SUBTITLE 8. SHORT TITLE; TERMINATION OF TITLE.

12-801. SHORT TITLE.

THIS TITLE MAY BE CITED AS THE "MARYLAND PHARMACY ACT".

REVISOR'S NOTE: This section is new language added to
conform to similar sections in other titles of
this article and to provide a convenient
reference to this title.

12-802. TERMINATION OF TITLE.

SUBJECT TO THE EVALUATION AND REESTABLISHMENT
PROVISIONS OF THE REGULATORY PROGRAMS EVALUATION ACT OF
1978, THIS TITLE AND ALL RULES AND REGULATIONS ADOPTED UNDER
THIS TITLE SHALL TERMINATE AND BE OF NO EFFECT AFTER JULY 1,
1983.

REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 43, § 273B.

Present Art. 43, § 273B reads as follows:
"Sections 249 through 271 of this subtitle
creating the Maryland Board of Pharmacy and
relating to the regulation of pharmacists are of
no effect and may not be enforced after July 1,
1983." While the phrase "relating to the
regulation of pharmacists" can be taken as a
statement of limitation that would limit the
application of this provision only to the
sections of this title that relate to the
creation of the Board and to pharmacists, the
Commission to Revise the Annotated Code has
interpreted the phrase as a general, albeit
imprecise, descriptive reference to the contents
of the cited sections. To interpret the
provision otherwise would give rise to the
anomaly of providing that the Board and all of
the provisions regarding pharmacists, which the
Board regulates, are subject to review and
possible termination, but that the provisions
regarding pharmacies would not be reviewed and
would remain in effect even if the other
provisions were terminated. Since the functions
of a pharmacy are regulated by the Board in much
the same manner as are those of a pharmacist, and
since a pharmacy may not be operated without the
supervision of a licensed pharmacist, this result
would be nonsensical. Therefore, the Commission
has revised this section to apply clearly to this
entire title.

As to the Regulatory Programs Evaluation Act of
1978, see Art. 41, § 484 et seq. of the Code.