482

LAWS OF MARYLAND

Ch.8

(A)  IN GENERAL.

IN EACH PHARMACY THERE SHALL BE KEPT AT ALL TIMES:

(1) THE TIMES THE MOST RECENT DECENNIAL REVISION

OF THE UNITED STATES PHARMACOPOEIA AND ITS CURRENT

SUPPLEMENTS: AND

(2) THE MOST RECENT EDITION OF THE NATIONAL
FORMULARY AND ITS CURRENT SUPPLEMENTS.

(B)  SUSPENSION OF 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 derived
without substantive change from the first half of
the first sentence and the first half of the
second sentence of Art. 43, § 251.

In subsection (a) of this section, the language
"United States Pharmacopoeia and National
Formulary" is substituted for the present
language that refers to the "United States
Pharmacopoeia" and the "National Formulary" as
separate publications. The two publications have
merged since present Art. 43, § 251 originally
was drafted and the revision recognizes that
merger.

In subsection (b) of this section, the reference
to the hearing provisions of § 12-410 of this
title is new language added for clarity.

Also as to subsection (b) 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, § 251 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.

The second half of the first sentence of present
Art. 43, § 251, which provides for the inspection