HARRY HUGHES, Governor

467

In subsection (b)(12) and (18) of this section,
the references to preparing a prescription are
substituted for the present references to
"compounding" a prescription to conform with the
terminology used in the definition of "practice
pharmacy" in § 12-101 of this title.

As to subsection (b)(15) of this section, the
reference to "the laws of this State" in present
Art. 43, § 266A(c)(viii) is deleted in light of
the broader provisions of present Art. 43, §
266A(c)(vii) — now subsection (b)(14) of this
section. The task of the Board is the same under
both provisions: to discipline pharmacists who
distribute prescription drugs illegally.

In subsection (b)(17) of this section, the
reference to violating any provision of § 12-603
of this title is substituted for the present
reference to violating "any regulation of the
Board" to clarify that the disciplinary
procedures apply not only to a violation of a
rule or regulation adopted under § 12-603 of this
title but also to a violation of any provision of
§ 12-603 of this title.

In subsection (b)(18) of this—section, the
reference in present Art. 43, § 266A(c)(l)(xi) to
maintaining the professional image of pharmacists
is deleted. Although a state constitutionally
may prohibit advertising claims of professional
superiority, see Bates v. State Bar of Arizona,
433 U.S. 350, 383-84, reh. denied 434 U.S. 881
(1977), maintaining the "professional image of
the pharmacist" is not a sufficient justification
for prohibiting advertising by pharmacists.
Virginia State Board of Pharmacy v. Virginia
Citizens Consumer Council, 425 U.S. 748, 768
(1976).

The balance of present Art. 43, § 266A(a),
concerning the required procedures for hearings,
now appears in § 12-312 of this subtitle.

12-312. SAME — HEARINGS.

(A)  RIGHT TO A HEARING.

EXCEPT AS OTHERWISE PROVIDED IN THE ADMINISTRATIVE
PROCEDURE ACT, BEFORE THE BOARD TAKES ANY ACTION UNDER §
12-311 OF THIS SUBTITLE, IT SHALL GIVE THE INDIVIDUAL
AGAINST WHOM THE ACTION IS CONTEMPLATED AN OPPORTUNITY FOR
A HEARING BEFORE THE BOARD.

(B)  APPLICATION OF ADMINISTRATIVE PROCEDURE ACT.

THE BOARD SHALL GIVE NOTICE AND HOLD THE HEARING IN
ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURE ACT.