PARRIS N. GLENDENING, Governor

Ch. 615

12-318.

(A)     IN THIS SECTION "PHARMACY REVIEW COMMITTEE" MEANS AN
ADVISORY COMMITTEE APPOINTED BY THE BOARD FROM A POOL OF BOARD
APPROVED PHARMACISTS TO AID THE BOARD IN LICENSING AND DISCIPLINARY
MATTERS.

(B)     A PHARMACY REVIEW COMMITTEE SHALL:

(1)      EVALUATE AND SEEK TO IMPROVE THE QUALITY OF
PHARMACEUTICAL CARE PROVIDED BY PROVIDERS OF PHARMACEUTICAL CARE;

(2)      EVALUATE THE NEED FOR AND THE LEVEL OF PERFORMANCE OF
PHARMACEUTICAL CARE PROVIDED BY PROVIDERS OF PHARMACEUTICAL CARE;

(3)      EVALUATE THE QUALIFICATIONS, COMPETENCE, AND
PERFORMANCE OF PROVIDERS OF PHARMACEUTICAL CARE; OR

(4)      EVALUATE AND ACT ON MATTERS THAT RELATE TO THE
DISCIPLINE OF ANY PROVIDER OF PHARMACEUTICAL CARE.

(C) (1) THIS SECTION SUBSECTION DOES NOT APPLY TO:

(I) A CIVIL ACTION BROUGHT BY A PARTY TO THE PROCEEDINGS
OF THE PHARMACY REVIEW COMMITTEE WHO CLAIMS TO BE AGGRIEVED BY THE
DECISION OF THE PHARMACY REVIEW COMMITTEE; OR

(II) ANY RECORD OR DOCUMENT THAT IS CONSIDERED BY THE
PHARMACY REVIEW COMMITTEE AND THAT OTHERWISE WOULD BE SUBJECT TO
DISCOVERY AND INTRODUCTION INTO EVIDENCE IN A CIVIL TRIAL.

(2) THE PROCEEDINGS, RECORDS, AND FILES OF A PHARMACY REVIEW
COMMITTEE ARE NOT DISCOVERABLE AND ARE NOT ADMISSIBLE IN EVIDENCE IN
ANY CIVIL ACTION ARISING OUT OF MATTERS THAT ARE BEING REVIEWED AND
EVALUATED BY THE PHARMACY REVIEW COMMITTEE.

(D) A PERSON WHO ACTS IN GOOD FAITH AND WITHIN THE SCOPE OF
JURISDICTION OF A PHARMACY REVIEW COMMITTEE IS NOT CIVILLY LIABLE FOR
ANY ACTION AS A MEMBER OF THE PHARMACY REVIEW COMMITTEE OR FOR
GIVING INFORMATION TO, PARTICIPATING IN, OR CONTRIBUTING TO THE
FUNCTION OF THE PHARMACY REVIEW COMMITTEE.

12-319.

(A)     AN ACTION MAY BE MAINTAINED IN THE NAME OF THIS STATE OR THE
BOARD TO ENJOIN:

(1)      THE UNAUTHORIZED PRACTICE OF PHARMACY; OR

(2)      CONDUCT THAT IS A GROUND FOR DISCIPLINARY ACTION UNDER §
12-313 OF THIS SUBTITLE.

(B)     AN ACTION MAY BE BROUGHT BY:

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