HARRY HUGHES, Governor

479

Procedure Act. This revision is called to the
attention of the General Assembly.

SUBTITLE 5. PRACTICE OF PHARMACY AND OPERATION OF
PHARMACIES.

12-501. SUPERVISION BY LICENSED PHARMACIST.

WHENEVER A PHARMACY IS IN OPERATION, IT SHALL BE
CONSTANTLY UNDER THE PERSONAL AND IMMEDIATE SUPERVISION OF A
LICENSED PHARMACIST.

REVISOR'S NOTE: This section is new language derived
without substantive change from the first
sentence of Art. 43, § 249 and revised to conform
to the similar provision of present Art. 43, §
268(b)(c), which now appears in § 12-403(a)(3) of
this title.

The first clause of the first sentence of present
Art. 43, § 249 states that "{n}o person shall
open, conduct or keep a pharmacy in this State,
either as a principal or agent, unless such a
person shall have obtained a" license to practice
pharmacy (emphasis added). Since only an
individual may become a licensed pharmacist, this
provision — if read literally — effectively
would outlaw the operation of the many existing
pharmacies in this State that are owned and
operated by corporations, partnerships, trusts,
and similar entities. Such a result may have
been appropriate in 1902, when present Art. 43, §
249 was first enacted; however, it is
inconsistent with the later enacted provisions of
present Art. 43, § 268, which clearly permit a
"copartnership, association or corporation" to
"operate, maintain, open or establish" a pharmacy
if it first obtains a pharmacy permit (cf. §
12-401 et seg. of this title). Therefore, the
first clause of the first sentence of present
Art. 43, § 249 is deleted as obsolete. This
deletion is called to the attention of the
General Assembly.

12-502. PHARMACEUTICAL INFORMATION.

IN THE OPERATION OF A PHARMACY, ONLY A LICENSED
PHARMACIST OR AN INDIVIDUAL ENGAGING IN A CLINICAL PHARMACY
TRAINING PROGRAM AND ACTING UNDER THE DIRECT SUPERVISION OF
A LICENSED PHARMACIST MAY PROVIDE INFORMATION TO THE PUBLIC
CONCERNING DRUGS, MEDICINES, AND DEVICES, INCLUDING
INFORMATION AS TO THEIR THERAPEUTIC VALUES, POTENTIAL SIDE
EFFECTS, AND USE IN THE TREATMENT AND PREVENTION OF
DISEASES.

REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 43, §
250(c).