HARRY HUGHES, Governor

2047

BY LAW TO PRESCRIBE DRUGS OR MEDICINES.

REVISOR'S NOTE: This subsection is new language added
to avoid repetition.

(C)  BOARD.

"BOARD" MEANS THE STATE BOARD OF PHARMACY.

REVISOR'S NOTE: This section is new language added to
avoid repetition of the full title of the Board.

(D)  CONTROLLED POISON.

"CONTROLLED POISON" MEANS ANY POISON THAT IS LISTED IN
THE SCHEDULE OF CONTROLLED POISONS.

REVISOR'S NOTE: This subsection is new language added
to avoid repetition.

The word "controlled" is added to conform to
similar treatment given other substances that are
restricted in their sale or use. See Article 27,
§§ 276 through 302 of the Code, "Health --
Controlled Dangerous Substances". As to the
Schedule of Controlled Poisons, see § 5-106 of
this subtitle.

(E)  LICENSED PHARMACIST.

"LICENSED PHARMACIST" MEANS A PHARMACIST WHO IS
LICENSED BY THE BOARD TO PRACTICE PHARMACY.

REVISOR'S NOTE: This subsection is new language
patterned after HO § 12-101(f) and added for
clarity.

5-102. SCOPE OF SUBTITLE.

EXCEPT FOR THE LABELING REQUIREMENTS OF § 5-114 OF THIS
SUBTITLE, THIS SUBTITLE DOES NOT APPLY TO THE SALE OF ANY
CONTROLLED POISON:

(1)  TO A PERSON WHO THE SELLER KNOWS TO BE
ENGAGED IN THE ARTS, AGRICULTURE, OR INDUSTRY IF THE SELLER
BELIEVES THAT THE CONTROLLED POISON IS INTENDED FOR LAWFUL
USE IN THE ARTS, AGRICULTURE, OR INDUSTRY;

(2)  TO A MANUFACTURER OR WHOLESALE DEALER IF THE
SALE IS MADE BY A LICENSED PHARMACIST, A MANUFACTURER, OR A
WHOLESALE DEALER;

(3)  TO AN AUTHORIZED PRESCRIBED;

(4) TO A LICENSED PHARMACIST;