2058

LAWS OF MARYLAND

Ch. 240

the decision of a board within the Department
subject to judicial review under any provision of
law first be appealed to the Board of Review of
the Department.

In this section, the former reference to the
review being heard de novo is deleted. Under
Department of Natural Resources v. Linchester
Sand & Gravel Corp., 274 Md. 211 (1975), these
provisions are unconstitutional because they
violate Article 8 of the Maryland Declaration of
Rights.

Also in this section, the former references to
the courts to which a judicial appeal may be
taken are deleted as unnecessary in light of the
provisions of the Administrative Procedure Act.

In subsection (b) of this section, the term "rule
or regulation" is substituted for "order" in
former Article 43, § 277(d) since the reference
relates only to the Board's action in adding
poisons under § 5-107 to the Schedule of
Controlled Poisons.

5-110. RESERVED.

5-111. RESERVED.

PART III. RESTRICTIONS AND PROHIBITIONS.

5-112. PERSONS AUTHORIZED TO SELL POISONS; PERMITS.

(A)  LICENSED PHARMACIST.

EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, ONLY A
LICENSED PHARMACIST OR AN INDIVIDUAL ENGAGED IN A CLINICAL
PHARMACY TRAINING PROGRAM AND ACTING UNDER THE DIRECT
SUPERVISION OF A LICENSED PHARMACIST MAY SELL OR DISPENSE A
CONTROLLED POISON.

(B)  POISON PERMITS.

THE DEPARTMENT MAY ISSUE TO ANY MERCHANT IN A RURAL
COMMUNITY A POISON PERMIT THAT AUTHORIZES THE HOLDER TO SELL
OR OTHERWISE DISPENSE 1 OR MORE CONTROLLED POISONS THAT THE
DEPARTMENT SPECIFIES BY RULE OR REGULATION.

(C)  APPLICATION FOR POISON PERMIT.

TO APPLY FOR A POISON PERMIT, AN APPLICANT SHALL:

(1) SUBMIT AN APPLICATION TO THE BOARD ON THE
FORM THAT THE BOARD PROVIDES; AND