PARRIS N. GLENDENING, Governor                             Ch. 614

PHARMACIST HAS A DUTY TO EXERCISE INDEPENDENT PROFESSIONAL JUDGMENT
IN DECIDING WHETHER OR NOT TO DISPENSE OR REFILL A PRESCRIPTION.

(B) IN REFUSING TO DISPENSE OR REFILL A PRESCRIPTION, THE DECISION OF
THE PHARMACIST SHALL NOT BE ARBITRARY BUT SHALL BE BASED ON

PROFESSIONAL EXPERIENCE, KNOWLEDGE, OR AVAILABLE REFERENCE

MATERIALS.

12-501.

(A) A PHARMACIST MAY REFUSE TO DISPENSE OR REFILL A PRESCRIPTION IF THE
DECISION IS BASED ON PROFESSIONAL JUDGEMENT, EXPERIENCE KNOWLEDGE OR
AVAILABLE REFERENCE MATERIALS.

(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, IF A
PHARMACIST REFUSES TO DISPENSE OR REFILL A PRESCRIPTION, THE PHARMACIST
SHALL TO THE EXTENT PRACTICABLE. NOTIFY THE AUTHORIZED PRESCRIBER THAT
THE PRESCRIPTION OR REFILL WAS REFUSED WITHIN 72 HOURS AFTER THE REFUSAL.

(2) PARAGRAPH (J) OF THIS SUBSECTION DOES NOT APPLY IF A
PHARMACIST IS UNABLE TO DETERMINE THE NAME OF THE AUTHORIZED PRESCRIBER

12-502.

(a)     [In the operation of a pharmacy, only] ONLY a licensed pharmacist or an
individual engaging in a [clinical pharmacy training] PROFESSIONAL EXPERIENCE
program and acting under the direct supervision of a licensed pharmacist may provide
information to the public OR A HEALTH CARE PRACTITIONER concerning
PRESCRIPTION OR NONPRESCRIPTION drugs, OR [medicines, and] devices, OR
DIAGNOSTICS including information as to their therapeutic values, potential side effects,
and use in the treatment and prevention of diseases.

(b)     [While on the premises of a pharmacy, a] A licensed pharmacist shall give
[an individual] A PATIENT who requests, in person or by telephone, the current price of
a prescription drug, OR DEVICE, OR DIAGNOSTIC that the pharmacy offers for sale to the
public.

[ 12-503.

(a)     The Board shall specify the minimum professional and technical equipment
and sanitary appliances that are necessary in a pharmacy:

(1)     To prepare and dispense prescriptions properly; and

(2)     Otherwise to operate a pharmacy.

(b)     Each pharmacy shall be:

(1)     Equipped with the minimum equipment and appliances specified by the
Board under this section; and

(2)     Kept in a clean and orderly manner.

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