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Ch. 26
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2002 LAWS OF MARYLAND
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(1) THIS SUBSECTION APPLIES TO A PERSON ENGAGED IN THE
BUSINESS OF SELLING PRESCRIPTION DRUGS, CONTROLLED DANGEROUS
SUBSTANCES, MEDICINES, CHEMICALS, OR PREPARATIONS FOR MEDICAL USE OR OF
COMPOUNDING OR DISPENSING THESE IN ACCORDANCE WITH PHYSICIANS'
PRESCRIPTIONS.
(2) A PERSON SUBJECT TO THIS SUBSECTION MAY NOT KNOWINGLY
SELL OR DELIVER TO ANOTHER A DRUG, MEDICINE, CHEMICAL, OR PREPARATION
FOR MEDICINAL USE THAT IS RECOGNIZED OR AUTHORIZED BY THE LATEST EDITION
OF THE UNITED STATES PHARMACOPOEIA AND NATIONAL. FORMULARY OR
PREPARED ACCORDING TO THE PRIVATE FORMULA OF ANOTHER THAT IS:
(I) OTHER OR DIFFERENT FROM THE PRESCRIPTION DRUG,
CONTROLLED DANGEROUS SUBSTANCE, MEDICINE, CHEMICAL, OR PREPARATION
THAT IS ORDERED OR CALLED FOR BY THE PERSON; OR
(II) EXCEPT AS AUTHORIZED UNDER § 12-504 OF THE HEALTH
OCCUPATIONS ARTICLE, CALLED FOR IN A PRESCRIPTION OF A PHYSICIAN OR OTHER
AUTHORIZED PROVIDER
(B) ACT BY PRINCIPAL, AGENT, OR EMPLOYEE.
SUBSECTION (A) OF THIS SECTION APPLIES TO A PERSON ACTING ON THE
PERSON'S OWN BEHALF OR AS AN AGENT OR EMPLOYEE OF SOME OTHER PERSON.
(C) PENALTY.
(1) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A
MISDEMEANOR AND ON CONVICTION IS SUBJECT TO IMPRISONMENT OF NOT LESS
THAN 1 MONTH AND NOT EXCEEDING 1 YEAR OR A FINE OF NOT LESS THAN $100 AND
NOT EXCEEDING $500 OR BOTH.
(2) A PERSON CONVICTED UNDER THIS SECTION MAY NOT PRACTICE
PHARMACY UNDER A CERTIFICATE OR REGISTRATION ISSUED UNDER STATE LAW.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 300(i).
In subsection (a)(1) of this section, the former reference to "corporation" is
deleted as included in the defined term "person".
In subsection (a)(2)(ii) of this section, the defined term "authorized
provider" is substituted for the former term "authorized prescriber" for
consistency within this title.
In subsection (c)(1) of this section, the reference to "1 year" is substituted
for the former reference to "12 months" for consistency with similar
provisions throughout this article.
Defined terms: "Agent" § 5-101
"Authorized provider" § 5-101
"Controlled dangerous substance" § 5-101
"Deliver" § 5-101
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- 464 -
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