476

LAWS OF MARYLAND

Ch.8

REVISOR'S NOTE: This section presently appears as the
third paragraph of Art. 43, § 268(b) — except
for the second clause of the second sentence of
that paragraph, which now appears in § 12-407 of
this subtitle.

The only changes are in style.

12-409. SUSPENSIONS AND REVOCATIONS — GROUNDS AVAILABLE.

SUBJECT TO THE HEARING PROVISIONS OF § 12-410 OF THIS
SUBTITLE, THE BOARD MAY SUSPEND OR REVOKE ANY PHARMACY
PERMIT, IF THE PHARMACY:

(1)  IS CONDUCTED SO AS TO ENDANGER THE PUBLIC
HEALTH OR SAFETY;

(2)  VIOLATES ANY OF THE STANDARDS SPECIFIED IN §
12-403 OF THIS SUBTITLE; OR

(3)  OTHERWISE IS NOT CONDUCTED IN ACCORDANCE
WITH THE LAW.

REVISOR'S NOTE: This section is new language derived
without substantive change from the last half of
the second sentence of Art. 43, § 268(c) —
except for the reference to hearings and notice,
which now appears in § 12-410 of this subtitle.

Item (2) of this section is new language added to
coordinate with the new language of § 12-403 of
this subtitle. Read together, these sections
clearly provide that the standards for pharmacies
set forth in present Art. 43, § 268 are
requisites for retaining a pharmacy permit.

As to the introductory language of this section,
the present reference to the power of the Board
to revoke a pharmacy permit, "when examination or
inspection of the pharmacy" discloses a basis, is
deleted as misleadingly limited. The Board may
act on pertinent information obtained in any
legal manner.

Also as to the introductory language of this
section, a reference to the power of the Board to
"suspend" a pharmacy permit is added to conform
to present practice and to state explicitly a
power that is inherent in the power of the Board
to revoke a pharmacy permit. This interpretation
is consistent with the determination that present
Art. 43, §§ 251, 252, and 253 (now §§ 12-503 and
12-504 of this title) provide the power to
suspend a pharmacy permit under certain
circumstances. This revision is called to the
attention of the General Assembly.