480

LAWS OF MARYLAND

Ch.8

Although this section may appear to be
unnecessary in light of other provisions of this
title, it is retained here as a separate
provision. The definition of "practice pharmacy"
in § 12-101 of this title includes "{p}roviding
information and explanation to patients and
health care practitioners about the safe and
effective use of drugs, medicines, or devices".
Sections 12-301 and 12-701 clearly provide that,
except as otherwise provided, one may not
practice pharmacy without a license. Those same
sections provide an exception for an individual
who, under the direct supervision of a licensed
pharmacist, engages in a clinical pharmacy
training program. This section also is concerned
with providing information. However, this
section is intended to address a specific problem
that is created when an unlicensed employee in a
pharmacy gives advice to customers concerning
drugs, medicines, and devices. Even without any
intent on the part of the employee to give the
customer the impression that the employee is a
licensed pharmacist, the employee's advice is apt
to be taken as authoritative. Therefore, this
provision is intended to prohibit any untrained
employee from giving information that may be
taken mistakenly by the customer as professional
advice.

The language "an individual engaging in a
clinical pharmacy training program" is
substituted for the present less descriptive and
somewhat archaic term "pharmacy intern" in
conformity with the language of §§ 12-301(b) and
12-302(d) of this title.

The reference to "devices" is added in conformity
with the usual trilogy of "drugs, medicines, and
devices" used throughout this title. See the
General Revisor's Note to this title.

12-503. REQUIRED EQUIPMENT AND SANITARY APPLIANCES;
CLEANLINESS OF PREMISES.

(A) BOARD TO SPECIFY MINIMUM EQUIPMENT.

THE BOARD SHALL SPECIFY THE MINIMUM PROFESSIONAL AND
TECHNICAL EQUIPMENT AND SANITARY APPLIANCES THAT ARE
NECESSARY IN A PHARMACY:

(1)  TO PREPARE AND DISPENSE PRESCRIPTIONS
PROPERLY; AND

(2)  OTHERWISE TO OPERATE A PHARMACY.

(B) COMPLIANCE REQUIRED.