470

LAWS OF MARYLAND

Ch.8

case if a party has a right to a hearing (see the
Administrative Procedure Act definition of
"contested case" in Art. 41, § 244 of the Code).

As to the application of this section, the Board
of Review has general jurisdiction over final
decisions of the Board under this subtitle.
Therefore, for some actions, a decision of the
Board of Review is a prerequisite to judicial
review. Subsection (a) of this section reflects
that general procedure. The Board of Review,
however, does not have jurisdiction over any
disciplinary action taken by the Board.
Consequently, subsection (b) of this section
expressly provides for direct judicial review for
persons aggrieved under § 12-311 of this
subtitle.

The new language substituted in this section
better coordinates the combined requirements of
the Administrative Procedure Act and the laws
regarding the Board of Review. These provisions
apply in any event. No substantive change is
intended.

SUBTITLE 4. PHARMACY PERMITS.

12-401. PHARMACY PERMIT REQUIRED.

(A)  IN GENERAL.

A PERSON SHALL HOLD A PHARMACY PERMIT ISSUED BY THE
BOARD BEFORE THE PERSON MAY ESTABLISH OR OPERATE A PHARMACY
IN THIS STATE.

(B)  SEPARATE PHARMACY PERMIT REQUIRED FOR EACH
PHARMACY.

A SEPARATE PHARMACY PERMIT IS REQUIRED FOR EACH
PHARMACY THAT A PERSON ESTABLISHES OR OPERATES.

REVISOR'S NOTE: Subsection (a) of this section is new

language derived from the first sentence of Art.

43, § 268(a) and rephrased in language similar to

the standard language used in § 12-301 of this

   title.

Subsection (b) of this section is new language
derived without substantive change from the
fourth sentence of Art. 43, § 268(a), as that
sentence applies to the requirement for separate
pharmacy permits.

In subsection (a) of this section the present
reference to any "copartnership, association or
corporation" is deleted as unnecessary in light
of the definition of "person" in § 1-101 of this
article.