644

LAWS OF MARYLAND

Ch. 208

(i) The sale is made by a licensed pharmacist,
a manufacturer, or a wholesale dealer; and

(ii) The permit authorizes its holder to sell
that controlled poison.]

[5-103.

(a)   Subject to the notice and hearing provisions of this
section, the Department may:

(1)   Issue orders to carry out the provisions of this
subtitle; and

(2)  Adopt rules and regulations that:

(i) As necessary for the protection of the
public, prohibit the sale of any controlled poison unless 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)  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)  (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)  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