PARRIS N. GLENDENING, Governor                             Ch. 615

(3) Otherwise is not conducted in accordance with the law.

(B) (1) A NONRESIDENT PHARMACY IS SUBJECT TO THE DISCIPLINARY
ACTIONS STATED IN THIS SUBSECTION.

(2)     THE BOARD MAY FINE A NONRESIDENT PHARMACY IN
ACCORDANCE WITH § 12-410 OF THIS SUBTITLE OR DENY, REVOKE, OR SUSPEND THE
PERMIT OF A NONRESIDENT PHARMACY FOR ANY VIOLATION OF § 12-403(D)
THROUGH (G) OF THIS SUBTITLE.

(3)     THE BOARD MAY FINE A NONRESIDENT PHARMACY IN
ACCORDANCE WITH § 12-410 OF THIS SUBTITLE OR DENY, REVOKE, OR SUSPEND THE
PERMIT OF A NONRESIDENT PHARMACY FOR CONDUCT WHICH CAUSES HARM OR
INJURY TO A PERSON IN THIS STATE ANY VIOLATION OF § 12-403(D) THROUGH (G) OF
THIS SUBTITLE CONDUCT WHICH CAUSES HARM OR INJURY TO A PERSON IN THIS STATE
ONLY IF:

(I)      THE BOARD HAS REFERRED THE MATTER TO THE
REGULATORY OR LICENSING AGENCY IN THE STATE IN WHICH THE PHARMACY IS
LOCATED; AND

(II)     THE REGULATORY OR LICENSING AGENCY FAILS TO INITIATE
AN INVESTIGATION WITHIN 45 DAYS OF RECEIPT OF THE REFERRAL.

(4)     THE BOARD SHALL ACCEPT AS THE FINAL DISPOSITION THE
DECISION OF THE REGULATORY OR LICENSING AGENCY IN THE STATE WHERE THE
NONRESIDENT PHARMACY IS LOCATED IF:

(I)      THE REGULATORY OR LICENSING AGENCY IN THE STATE
WHERE THE NONRESIDENT PHARMACY IS LOCATED INITIATES AN INVESTIGATION
WITHIN 45 DAYS OF THE REFERRAL; AND

(II)    ALL RELEVANT INFORMATION ACQUIRED BY THE
REGULATORY OR LICENSING AGENCY IN THE STATE WHERE THE NONRESIDENT
PHARMACY IS LOCATED IS PROVIDED TO THE BOARD WITHIN A REASONABLE
PERIOD.

12-410.

(a)     If after a hearing under § 12-411 of this subtitle the Board finds that there are
grounds under § 12-409 of this subtitle to suspend or revoke a permit, the Board may
impose a penalty not exceeding [$5,000] $50,000 $10,000:

(1)     Instead of suspending the permit; or

(2)     In addition to suspending or revoking the permit.

(b)     The Board shall adopt rules and regulations to set standards for the
imposition of penalties under this section.

(c)     The Board shall pay any penalty collected under this section into the General
Fund of this State.

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