1884

LAWS OF MARYLAND

Ch. 240

THE COLLATERAL MEASURES NECESSARY TO ITS USE, IS NOT SAFE
FOR USE EXCEPT UNDER THE SUPERVISION OF A HEALTH
PRACTITIONER WHO IS AUTHORIZED BY LAW TO ADMINISTER SUCH A
DRUG.

(3) A DRUG THAT IS LIMITED BY AN APPROVED
APPLICATION UNDER § 355 OF THE FEDERAL ACT OR § 4-223 OF
THIS SUBTITLE TO USE UNDER THE PROFESSIONAL SUPERVISION OF A
HEALTH PRACTITIONER AUTHORIZED BY LAW TO ADMINISTER SUCH A
DRUG.

(B)  FORM OF PRESCRIPTION.

A PRESCRIPTION MAY BE WRITTEN OR ORAL. HOWEVER, A
PHARMACIST MAY NOT DISPENSE A DRUG ON AN ORAL PRESCRIPTION
UNLESS THE PHARMACIST PROMPTLY WRITES OUT AND FILES THE
PRESCRIPTION.

(C)  PRESCRIPTION REFILLS.

A PHARMACIST MAY NOT REFILL AND DISPENSE A PRESCRIPTION
UNLESS THE REFILLING IS AUTHORIZED BY:

(1)  THE HEALTH PRACTITIONER'S SPECIFICATION IN
THE ORIGINAL PRESCRIPTION AS TO HOW MANY TIMES IT MAY BE
REFILLED; OR

(2)  BY AN ORAL ORDER OF THE HEALTH PRACTITIONER
THAT PROMPTLY IS WRITTEN OUT AND FILED BY THE PHARMACIST.

(D)  IMPROPERLY DISPENSED DRUG CONSIDERED MISBRANDED.

THE DISPENSING OF A DRUG WITHOUT COMPLYING WITH THE
REQUIREMENTS OF THIS SECTION IS THE DISPENSING OF A
MISBRANDED DRUG.

(E)  CAUTION STATEMENTS.

(1)  A DRUG THAT IS SUBJECT TO THE PRESCRIPTION
REQUIREMENTS OF THIS SECTION IS MISBRANDED IF, AT ANY TIME
BEFORE IT IS DISPENSED, ITS LABEL DOES NOT BEAR THE
STATEMENT "CAUTION: FEDERAL LAW PROHIBITS DISPENSING
WITHOUT PRESCRIPTION", OR "CAUTION: STATE LAW PROHIBITS
DISPENSING WITHOUT PRESCRIPTION".

(2)  A DRUG TO WHICH THE PRESCRIPTION
REQUIREMENTS OF THIS SECTION DO NOT APPLY IS MISBRANDED IF,
AT ANY TIME BEFORE IT IS DISPENSED, ITS LABEL BEARS THE
CAUTION STATEMENT QUOTED IN PARAGRAPH (1) OF THIS
SUBSECTION.

(F)  EXEMPTIONS BY RULE OR REGULATION.

(1) THE PRESCRIPTION REQUIREMENTS OF THIS
SECTION DO NOT APPLY TO ANY DRUG THAT IS EXEMPTED UNDER A
RULE OR REGULATION ADOPTED BY THE SECRETARY.