HARRY HUGHES, Governor

471

As to who may establish or operate a pharmacy in
this State, see Subtitle 5 of this title.

12-402. QUALIFICATIONS OF APPLICANTS.

TO QUALIFY FOR A PHARMACY PERMIT, AN APPLICANT SHALL
SATISFY THE BOARD THAT THE PHARMACY FOR WHICH THE
APPLICATION IS MADE WILL BE OPERATED IN ACCORDANCE WITH THE
STANDARDS SPECIFIED IN § 12-403 OF THIS SUBTITLE.

REVISOR'S NOTE: This section is new language derived
without substantive change from the introductory
phrase of Art. 43, § 268(b).

As to the balance of present Art. 43, § 268(b),
see § 12-403 of this subtitle and its revisor's
note.

12-403. REQUIRED STANDARDS.

(A) IN GENERAL.

EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, A
PHARMACY FOR WHICH A PHARMACY PERMIT HAS BEEN ISSUED UNDER
THIS TITLE:

(1)  SHALL BE OPERATED IN COMPLIANCE WITH THE LAW
AND WITH THE RULES AND REGULATIONS OF THE BOARD;

(2)  SHALL BE LOCATED AND EQUIPPED SO THAT THE
PHARMACY MAY BE OPERATED WITHOUT ENDANGERING THE PUBLIC
HEALTH OR SAFETY;

(3)  SHALL BE CONSTANTLY UNDER THE PERSONAL AND
IMMEDIATE SUPERVISION OF A LICENSED PHARMACIST;

(4)  SHALL PROVIDE COMPLETE PHARMACEUTICAL
SERVICE BY PREPARING AND DISPENSING ALL PRESCRIPTIONS THAT
REASONABLY MAY BE EXPECTED OF A PHARMACIST;

(5)  EXCEPT FOR A HOSPITAL PHARMACY, SHALL
PROVIDE SERVICES TO THE GENERAL PUBLIC AND MAY NOT RESTRICT
OR LIMIT ITS SERVICES TO ANY GROUP OF INDIVIDUALS;

(6)  MAY NOT OFFER PHARMACEUTICAL SERVICES UNDER
ANY TERM OR CONDITION THAT TENDS TO INTERFERE WITH OR IMPAIR
THE FREE AND COMPLETE EXERCISE OF PROFESSIONAL
PHARMACEUTICAL JUDGMENT OR SKILL;

(7)  MAY NOT MAKE ANY AGREEMENT THAT DENIES A
PATIENT A FREE CHOICE OF PHARMACISTS; AND

(8)  MAY NOT PARTICIPATE IN ANY ACTIVITY THAT IS
A GROUND FOR BOARD ACTION AGAINST A LICENSED PHARMACIST
UNDER § 12-311 OF THIS TITLE.