472

LAWS OF MARYLAND

Ch.8

(B) EXCEPTION.

THE BOARD MAY WAIVE ANY OF THE REQUIREMENTS OF THIS
SECTION FOR THE UNIVERSITY OF MARYLAND SCHOOL OF PHARMACY,
FOR RADIO PHARMACY AND DENTAL PHARMACY EXPERIMENTAL AND
TEACHING PROGRAMS.

REVISOR'S NOTE: Subsection (a) of this section is new
language derived without substantive change from
the first paragraph of Art. 43, § 268(b) —
except the introductory phrase, which now appears
in § 12-402 of this subtitle. As it is presently
drafted, the first paragraph of Art. 43, § 268(b)
literally appears to specify only qualifications
that an applicant must meet to obtain a pharmacy
permit. However, close examination of the
present law demonstrates that the substance of
these provisions is concerned at least equally
(if not much more) with standards of conduct
required for retaining a pharmacy permit — a
concept comparable to that of listing grounds for
which a license may be suspended or revoked under
§ 12-311 of this title. Therefore, the dual
function of the standards specified in the first
paragraph of present Art. 43, § 268(b) is
reflected by the reference to these standards
under the qualifications provision of § 12-402 of
this subtitle and by the combined reading of this
section together with the suspension and
revocation provisions of § 12-409 of this
subtitle.

Subsection (b) of this section is new language
derived without substantive change from Art. 43,
§ 268A.

In subsection (a)(4) of this section, the
reference to "preparing" prescriptions is
substituted for the reference to "compounding"
prescriptions to conform with the terminology
used in the definition of "practice pharmacy" in
§ 12-101 of this title.

Subsection (a)(8) of this section is derived from
present Art. 43, § 268(b)(g), which references a
violation of "any of the provisions of §
266A(c)(4) of this article". However, Art. 43, §
266A(c)(4), which set forth a number of grounds
as "unprofessional conduct" by a pharmacist, was
repealed by Ch. 325, Acts of 1978. The original
intent behind present Art. 43, § 268(b)(g) was to
provide a mechanism by which a pharmacy could be
held accountable for its participation in any
activity that was listed as "unprofessional
conduct" by a pharmacist. In its reenactment of
present Art. 43, § 266A, Ch. 325, Acts of 1978
eliminated the distinction between the grounds