PARRIS N. GLENDENING, Governor

Ch. 614

(C) PURSUANT TO REGULATIONS ADOPTED BY THE BOARD, A LICENSED
PHARMACIST MAY ENGAGE IN DISPENSING OR DISTRIBUTING FROM A SETTING NOT
HOLDING A PHARMACY PERMIT ONLY UPON RECEIVING THE PRIOR APPROVAL OF
THE BOARD.

12-403.

(a) THIS SECTION DOES NOT REQUIRE A NONRESIDENT PHARMACY TO
VIOLATE THE LAWS OR REGULATIONS OF THE STATE IN WHICH IT IS LOCATED.

(B) Except as otherwise provided in this section, a pharmacy for which a pharmacy
permit has been issued under this title:

(1)     Shall be operated in compliance with the law and with the rules and
regulations of the Board;

(2)     Shall be located and equipped so that the pharmacy may be operated
without endangering the public health or safety;

(3)     Shall [be constantly under the personal and immediate supervision of a
licensed pharmacist] ENSURE THAT A LICENSED PHARMACIST BE IMMEDIATELY
AVAILABLE ON THE PREMISES TO PROVIDE PHARMACY SERVICES AT ALL TIMES
THE PHARMACY IS IN OPERATION;

(4)     SHALL BE SUPERVISED BY A LICENSED PHARMACIST WHO IS
RESPONSIBLE FOR THE OPERATIONS OF THE PHARMACY AT ALL TIMES THE
PHARMACY IS IN OPERATION;

[(4)] (5) Shall provide complete pharmaceutical service by preparing and
dispensing all prescriptions that reasonably may be expected of a pharmacist;

[(5)] (6) [ Except for a hospital pharmacy, shall] SHALL provide services to
the general public and may not restrict or limit its services to any group of individuals
UNLESS GRANTED A WAIVER FROM THIS REQUIREMENT BY THE BOARD;

[(6)] (7) May not offer pharmaceutical services under any term or condition
that tends to interfere with or impair the free and complete exercise of professional
pharmaceutical judgment or skill;

[(7)] (8) May not make any agreement that denies a patient a free choice of
[pharmacists] PHARMACIST OR PHARMACY SERVICES; [and]

[(8)] (9) May not participate in any activity that is a ground for Board
action against a licensed pharmacist under § 12-313 of this title[.];

(10) (I) SHALL MAINTAIN AT ALL TIMES A CURRENT REFERENCE
LIBRARY THAT IS APPROPRIATE TO MEET THE NEEDS OF:

1.       THE PRACTICE SPECIALTY OF THAT PHARMACY; AND

2.       THE CONSUMERS THE PHARMACY SERVES; AND

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