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HARRY HUGHES, Governor 481
EACH PHARMACY SHALL BE:
(1) EQUIPPED WITH THE MINIMUM EQUIPMENT AND
APPLIANCES SPECIFIED BY THE BOARD UNDER THIS SECTION; AND
(2) KEPT IN A CLEAN AND ORDERLY MANNER.
(C) SUSPENSION OF PHARMACY PERMITS.
SUBJECT TO THE HEARING PROVISIONS OF § 12-410 OF THIS
TITLE, IF A PHARMACY IS OPERATED IN VIOLATION OF THIS
SECTION, THE BOARD MAY SUSPEND THE APPLICABLE PHARMACY
PERMIT UNTIL THE PHARMACY COMPLIES WITH THIS SECTION.
REVISOR'S NOTE: This section is new language that
combines without substantive change Art. 43, §
252 — except the last clause of that section —
and § 253.
In subsection (a) of this section, the reference
to "prepare and dispense" prescriptions is
substituted for the present reference to "fill" a
prescription to conform with the terminology used
in the definition of "practice pharmacy" in §
12-101 of this title and the present reference to
the proper compounding of "United States
Pharmacopoeia and National Formulary
preparations" is deleted as unnecessarily formal
and, in any event, included in the broader
reference to prescriptions being prepared and
dispensed properly.
In subsection (c) of this section, the reference
to the hearing provisions of § 12-410 of this
title is added for clarity.
Also as to subsection (c) of this section, the
revised language provides that the Board "may"
suspend a pharmacy permit until the pharmacy
complies with the section. Although present Art.
43, § 252 could be interpreted to mean that a
suspension was mandatory, the Commission to
Revise the Annotated Code concluded that it was
more probable that the disciplinary power under
this section was intended to be consistent with
the comparable provision of § 12-409 of this
title, which allows the Board discretion in
exercising the power to suspend or revoke a
pharmacy permit. Otherwise, the Board would be
compelled to suspend a pharmacy permit for even
the most minor offenses under this section. This
revision is called to the attention of the
General Assembly.
12-504. REQUIRED PUBLICATIONS.
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