HARRY HUGHES, Governor
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(b) Subject to the hearing provisions of § 12-312 of this
subtitle, the Board, on the affirmative vote of a two-thirds
majority of its members then serving, may deny a license to any
applicant, reprimand any licensee, or suspend or revoke a license
if the applicant or licensee:
(15) [Unless] EXCEPT AS PROVIDED IN § 12-512 OF THIS
TITLE, UNLESS an authorized prescriber authorizes the refill in
the original prescription or by oral order, refills a
prescription for any drug for which a prescription is required;
12-512.
(A) A PHARMACIST MAY REFILL A PRESCRIPTION FOR A DRUG FOR
WHICH THE REFILL HAS NOT BEEN AUTHORIZED IF:
(1) THE PHARMACIST:
(I) ATTEMPTS TO OBTAIN AN AUTHORIZATION FROM
THE AUTHORIZED PRESCRIBER; AND
(II) IS NOT ABLE READILY TO OBTAIN THE
AUTHORIZATION.
(2) THE REFILL OF THE PRESCRIPTION IS NOT FOR A
CONTROLLED DANGEROUS SUBSTANCE;
(3) THE DRUG IS ESSENTIAL TO THE MAINTENANCE OF LIFE;
(4) (I) THE DRUG IS ESSENTIAL TO THE CONTINUATION OF
THERAPY IN CHRONIC CONDITIONS; AND
(II) IN THE PHARMACIST'S PROFESSIONAL JUDGMENT,
THE INTERRUPTION OF THE THERAPY REASONABLY MIGHT PRODUCE AN
UNDESIRABLE HEALTH CONSEQUENCE, BE DETRIMENTAL TO THE PATIENT'S
WELFARE, OR CAUSE PHYSICAL OR MENTAL DISCOMFORT;
(5) THE PHARMACIST:
(I) KEEPS A RECORD OF ENTERS ON THE BACK OF THE
PRESCRIPTION OR ON ANOTHER APPROPRIATE UNIFORMLY MAINTAINED,
READILY RETRIEVABLE RECORD, SUCH AS A MEDICATION RECORD, THE DATE
AND THE QUANTITY OF THE DRUG DISPENSED; AND
(II) SIGNS OR INITIALS THE RECORD; AND
(6) THE PHARMACIST NOTIFIES THE AUTHORIZED PRESCRIBER
OF THE REFILL OF THE PRESCRIPTION WITHIN 72 HOURS OF DISPENSING
THE DRUG.
(B) IF A PHARMACIST REFILLS A PRESCRIPTION UNDER THIS
SECTION, THE PHARMACIST MAY PROVIDE ONLY 1 REFILL OF THE
PRESCRIPTION AND THE REFILL MAY NOT EXCEED A DOSAGE FOR 72 HOURS
QUANTITY DISPENSED SHALL BE IN CONFORMITY WITH THE PRESCRIBER'S
DIRECTIONS FOR USE AND MAY NOT EXCEED A 72-HOUR PERIOD OF TIME.
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