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Session Laws, 1989
Volume 771, Page 4980   View pdf image
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VETOES

(iii) The dentist, physician, or podiatrist
does not have a substantial financial interest in a pharmacy; and

(iv) The dentist, physician, or podiatrist:

1.  Complies with the labeling
requirements of § 12-510 of this title; [and]

2.  Records the dispensing of the
prescription drug on the patient's chart [or as otherwise
permitted or required by the board that licensed the dentist,
physician, or podiatrist];

3.  ALLOWS THE DIVISION OF DRUG CONTROL TO
ENTER AND INSPECT THE DENTIST'S, PHYSICIAN'S, OR PODIATRIST'S
OFFICE AT ALL REASONABLE HOURS;

4.  EXCEPT FOR STARTER DOSAGES OR SAMPLES
WITHOUT CHARGE, PROVIDES THE PATIENT WITH A WRITTEN PRESCRIPTION,
MAINTAINS PRESCRIPTION FILES IN ACCORDANCE WITH § 12-505 OF THIS
TITLE, AND MAINTAINS A SEPARATE FILE FOR SCHEDULE II
PRESCRIPTIONS;

5.  DOES NOT DIRECT PATIENTS TO A SINGLE
PHARMACY IN ACCORDANCE WITH § 12-403{A)(7) OF THIS TITLE; AND

6. DOES NOT RECEIVE REMUNERATION FOR
REFERRING PATIENTS TO A PHARMACY; or

(3) A hospital-based clinic from dispensing
prescriptions to its patients.

[(c)] (D) This title does not prohibit:

(1)  A licensed veterinarian from personally
dispensing a drug sample to a patient of the veterinarian; or

(2)  A licensed dentist, licensed physician, or
licensed podiatrist from personally dispensing a drug sample to a
patient of the licensed dentist, licensed physician, or licensed
podiatrist if:

(i) The sample complies with the labeling
requirements of § 12-510 of this title;

(ii) No charge is made for the sample; and

(iii) The authorized prescriber enters an
appropriate record in the patient's chart.

- 4980 -

 

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Session Laws, 1989
Volume 771, Page 4980   View pdf image
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