HARRY HUGHES, Governor

2049

THE SALE IS MADE AT THE DIRECTION OF AN AUTHORIZED
PRESCRIBER BY AN ORIGINAL WRITTEN ORDER OR PRESCRIPTION;

(II)  IN THE INTEREST OF THE PUBLIC HEALTH,
FURTHER PROHIBIT OR RESTRICT THE RETAIL SALE OF ANY
CONTROLLED POISON; AND

(III)  SPECIFY ANY CONTROLLED POISON THAT
MAY BE SOLD OR DISPENSED BY THE HOLDER OF A POISON PERMIT
ISSUED UNDER § 5-112 OF THIS SUBTITLE.

(B)  NOTICE AND HEARING FOR ORDERS.

BEFORE THE DEPARTMENT ISSUES ANY ORDER UNDER THIS
SUBTITLE, THE DEPARTMENT SHALL GIVE NOTICE AND PROVIDE AN
OPPORTUNITY FOR A HEARING AS PROVIDED IN THE ADMINISTRATIVE
PROCEDURE ACT.

(C)  NOTICE AND HEARING FOR RULES AND REGULATIONS.

(1)  BEFORE THE DEPARTMENT ADOPTS ANY RULE OR
REGULATION UNDER THIS SECTION, THE DEPARTMENT SHALL GIVE
NOTICE AND PROVIDE AN OPPORTUNITY FOR A PUBLIC HEARING IN
ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURE ACT AND THE
STATE DOCUMENTS LAW.

(2)  AT LEAST 10 DAYS BEFORE ANY PUBLIC HEARING
FOR THE ADOPTION OF A RULE OR REGULATION, THE DEPARTMENT
SHALL PUBLISH NOTICE OF THE HEARING:

(I)  IN A DAILY NEWSPAPER OF GENERAL
CIRCULATION IN BALTIMORE CITY;

(II)  BY ISSUING A PRESS RELEASE, COPIES OF
WHICH SHALL BE MADE AVAILABLE AT THE DEPARTMENT; OR

(III)  BY ANY OTHER MEANS THAT THE
DEPARTMENT CONSIDERS NECESSARY.

(D)  DISTRIBUTION OF LIST OF POISONS.

ON REQUEST, THE DEPARTMENT SHALL PROVIDE TO ANY PERSON
WHO IS AUTHORIZED UNDER THIS SUBTITLE TO SELL OR DISPENSE
CONTROLLED POISONS A LIST OF ALL ARTICLES, PREPARATIONS, AND
COMPOUNDS, THE SALE OF WHICH IS PROHIBITED OR REGULATED BY
THIS SUBTITLE.

(E)  MAILING TO POISON PERMIT HOLDERS.

(1) THE DEPARTMENT SHALL MAIL ANY RULE OR
REGULATION RELATED TO CONTROLLED POISONS THAT MAY BE SOLD OR
DISPENSED BY A POISON PERMIT HOLDER UNDER SUBSECTION
(A)(2)(III) OF THIS SECTION TO THE LAST KNOWN ADDRESS OF
EACH POISON PERMIT HOLDER.