Ch. 503                                    2004 LAWS OF MARYLAND

(d)     The dispensing of a drug without complying with the requirements of this
section is the dispensing of a misbranded drug.

(e)     (1) A drug that is subject to the prescription requirements of this section
is misbranded if, at any time before it is dispensed, its label does not bear the
statement "Caution: Federal Law Prohibits Dispensing Without Prescription", or
"Caution: State Law Prohibits Dispensing Without Prescription".

(2) A drug to which the prescription requirements of this section do not
apply is misbranded if, at any time before it is dispensed, its label bears the caution
statement quoted in paragraph (1) of this subsection.

(f)      (1) The prescription requirements of this section do not apply to any
drug that is exempted under a rule or regulation adopted by the Secretary.

(2)     The Secretary, by rule or regulation, may exempt any drug from the
requirements of this section if the Secretary finds that, as to the drug, the
requirements of this section are not necessary for the protection of the public health.

(3)     The Secretary, by rule and regulation, may exempt from the
requirements of this section any drug that is removed from the prescription
requirements of the federal act by a rule or regulation adopted under that act.

(G) A HEALTH PRACTITIONER AUTHORIZED BY LAW TO PRESCRIBE A DRUG
WHO FAILS TO COMPLY WITH SUBSECTION (B)(4) OF THIS SECTION MAY BE SUBJECT
TO DISCIPLINARY ACTIONS BY THE APPROPRIATE LICENSING BOARD.

21-1215.

(a) THIS SECTION DOES NOT APPLY TO A VIOLATION OF § 21-220(B)(4) OF THIS
TITLE.

(B) A person who violates any provision of Subtitle 2 of this title or any
regulation adopted under Subtitle 2 of this title is guilty of a misdemeanor and on
conviction is subject to:

(1)     A fine not exceeding $10,000 or imprisonment not exceeding 1 year or
both; or

(2)     If the person has been convicted once of violating Subtitle 2 of this
title, a fine not exceeding $25,000 or imprisonment not exceeding 3 years or both.

[(b)] (C) In addition to any criminal penalties imposed under this section, a
person who violates any provision of Subtitle 2 of this title, any rule or regulation
adopted under Subtitle 2 of this title, or any term, condition, or limitation of any
license or registration issued under Subtitle 2 of this title:

(1)     Is subject to a civil penalty not exceeding $5,000, in an action in any
District Court; and

(2)     May be enjoined from continuing the violation.

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