HARRY HUGHES, Governor

2059

(2) PAY TO THE BOARD AN APPLICATION FEE OF 25
CENTS.

REVISOR'S NOTE: This section is new language derived
without substantive change from the first clause
of the first sentence of former Article 43, §
278.

In subsection (a) of this section, the defined
term "licensed pharmacist" is substituted for the
term "duly registered pharmacist" and the phrase
"individual engaged in a clinical pharmacy
training program and acting under the direct
supervision of a licensed pharmacist" is
substituted for the reference to "duly registered
assistant pharmacist" for clarity and to reflect
current terminology. See HO § 12-301.

In subsection (b) of this section, the former
term "bona fide", which described merchants, is
deleted as unnecessary.

5-113. SELLING, DELIVERING, OR PROVIDING CONTROLLED
POISONS.

(A)  LABELING; INTENDED USE; POISON REGISTER.

A PERSON MAY NOT SELL, DELIVER, OR PROVIDE, DIRECTLY OR
INDIRECTLY, ANY CONTROLLED POISON UNLESS THE PERSON:

(1)  COMPLIES WITH THE LABELING REQUIREMENTS OF §
5-114 OF THIS SUBTITLE;

(2)  RECORDS THE TRANSACTION IN A POISON REGISTER
AS PROVIDED IN § 5-115 OF THIS SUBTITLE; AND

(3)  IN GOOD FAITH BELIEVES THAT:

(I)  THE INDIVIDUAL WHO RECEIVES THE
CONTROLLED POISON UNDERSTANDS THE NATURE OF THE POISON; AND

(II)  THE CONTROLLED POISON IS INTENDED FOR
A LAWFUL USE.

(B)  INCOMPETENT INDIVIDUALS.

A PERSON MAY NOT SELL, DELIVER, OR PROVIDE ANY
CONTROLLED POISON TO ANY INDIVIDUAL KNOWN TO BE:

(1)  OF UNSOUND MIND; OR

(2)  UNDER THE INFLUENCE OF AN INTOXICANT.

(C)  MINORS.