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Ch. 11 LAWS OF MARYLAND
DRAFTER'S NOTE: This clarifies the language in Article 27,
§ 297(i).
The language being clarified was contained in Ch. 659
of the Acts of 1972 and appears to be two sentences
run together. There is a complete absence of
legislative history for Ch. 659 and the Chapter Law
itself reads like the codified provision. The
construction of this correction seems the most
reasonable construction for this provision, given the
absence of legislative history.
This error has been noted a number of times during the
last year, most recently by the Michie Company and by
a judge of the Court of Special Appeals.
300.
(b) Any drug which bears a cautionary label warning against
dispensing without a prescription under federal law shall be
dispensed only:
[(i)] (1) Upon the written prescription of a
practitioner licensed by law to administer such drugs, or
[(ii)] (2) Upon the oral prescription of such
practitioner, which shall be reduced to writing and filed by the
pharmacist, or
[(iii)] (3) By refilling any such written or oral
prescription if such refilling is authorized by the prescriber,
either in the original prescription or by oral direction. Such
authorization must be reduced to writing and filed by the
pharmacist.
(e) [(i)] (1) Generally the provisions of this section
shall apply to the sale by any manufacturer, wholesale druggist,
retail pharmacist, or jobber of prescription drugs, to any
person, other than those legally qualified and authorized to
purchase and hold same for use or resale, and to any
practitioner's assistant who is not legally licensed to
administer prescription drugs.
[(ii)] (2) No person shall be permitted to advertise
through any media other than a professional or trade publication
any controlled dangerous substance or prescription drug by either
its "trade name" or by its generic or formulary name.
DRAFTER'S NOTE: This corrects stylistic errors in the
numbering of paragraphs in Article 27, § 300(b) and
(e).
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