PARRIS N. GLENDENING, Governor                             Ch. 614

2.       Has demonstrated to the satisfaction of that board that the
dispensing of prescription drugs, OR DEVICES, OR DIAGNOSTICS by the dentist,
physician, or podiatrist is in the public interest; and

3.       Has received a written permit from that board to dispense
prescription drugs, OR DEVICES, OR DIAGNOSTICS except that a written permit is not
required in order to dispense starter dosages or samples without charge;

(ii) The person for whom the drugs, OR DEVICES, OR DIAGNOSTICS
are prescribed is a patient of the prescribing dentist, physician, or podiatrist;

(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 [§ 12-509] §
12-505 of this title;

2.       Records the dispensing of the prescription drug, OR DEVICE,
OR DIAGNOSTIC on the patient's chart;

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] § 12-403(B)(13) of this title, and maintains a separate file for Schedule II
prescriptions;

5.       Does not direct patients to a single PHARMACIST OR
pharmacy [in accordance with § 12-403(a)(7)] § 12-403(B)(8) of this title; and

6.       Does not receive remuneration for referring patients to a
PHARMACIST OR pharmacy; or

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

(d) This title does not prohibit:

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

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

(i) The sample complies with the labeling requirements of [ § 12-509]
§ 12-505 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.

- 3429 -