464

LAWS OF MARYLAND

Ch.8

REVISOR'S NOTE: This section is new language derived
without substantive change from the first
sentence of Art. 43, § 264.

In this section, and throughout this title, the
present references to "assistant pharmacists" are
deleted as obsolete. There are no longer any
individuals who practice or who may qualify to
practice as assistant pharmacists in this State.

12-311. DENIALS, REPRIMANDS, SUSPENSIONS, AND REVOCATIONS
-- GROUNDS AVAILABLE.

(A)  "CONVICTED" DEFINED.

IN THIS SECTION, "CONVICTED" INCLUDES A DETERMINATION
OF GUILT, A GUILTY PLEA, OR A PLEA OF NOLO CONTENDERE
FOLLOWED BY A SENTENCE.

(B)  IN GENERAL.

SUBJECT TO THE HEARING PROVISIONS OF § 12-312 OF THIS
SUBTITLE, THE BOARD, ON THE AFFIRMATIVE VOTE OF A TWO-THIRDS
MAJORITY OF ITS MEMBERS THEN SERVING, MAY DENY A LICENSE TO
ANY APPLICANT, REPRIMAND ANY LICENSEE, 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)  IS ADDICTED TO ANY CONTROLLED DANGEROUS
SUBSTANCE OR HABITUALLY IS INTOXICATED;

(5)  PROVIDES PHARMACEUTICAL SERVICES WHILE
INTOXICATED OR UNDER THE INFLUENCE OF A DRUG WITH ABUSE
POTENTIAL;

(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;