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Martin O'Malley, Governor
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Ch. 352
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(I) THE WHOLESALE DISTRIBUTOR OR A PHARMACY
WAREHOUSE TAKES TITLE TO BUT NOT PHYSICAL POSSESSION OF THE
PRESCRIPTION DRUG;
(II) THE WHOLESALE DISTRIBUTOR INVOICES THE
PHARMACY, PHARMACY WAREHOUSE, OR OTHER PERSON AUTHORIZED BY LAW
TO DISPENSE OR ADMINISTER THE PRESCRIPTION DRUG TO A PATIENT; AND
(III) THE PHARMACY, PHARMACY WAREHOUSE, OR OTHER
AUTHORIZED PERSON RECEIVES DELIVERY OF THE PRESCRIPTION DRUG
DIRECTLY FROM:
1. THE MANUFACTURER; OR
2. THE MANUFACTURER'S THIRD PARTY LOGISTICS
PROVIDER OR THE MANUFACTURER'S EXCLUSIVE DISTRIBUTOR; OR
3. AN AUTHORIZED DISTRIBUTOR OF RECORD THAT
PURCHASED THE PRESCRIPTION DRUG DIRECTLY FROM THE MANUFACTURER,
THE MANUFACTURER'S THIRD PARTY LOGISTICS PROVIDER, OR THE
MANUFACTURER'S EXCLUSIVE DISTRIBUTOR.
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(H) "FACILITY" MEANS A FACILITY OF A WHOLESALE DISTRIBUTOR
WHERE PRESCRIPTION DRUGS ARE STORED, HANDLED, REPACKAGED, OR
OFFERED FOR SALE.
(I) "INTRACOMPANY SALES" MEANS A:
(1) TRANSACTION OR TRANSFER OF PRESCRIPTION DRUGS
BETWEEN A DIVISION, SUBSIDIARY, PARENT, OR AFFILIATED OR RELATED
COMPANY UNDER COMMON OWNERSHIP AND CONTROL OF A CORPORATE
ENTITY; OR
(2) TRANSACTION OR TRANSFER OF A CO-LICENSED PRODUCT
BETWEEN CO-LICENSED PARTNERS.
(j) "MANUFACTURER" MEANS A PERSON LICENSED OR APPROVED BY
THE U.S. FOOD AND DRUG ADMINISTRATION TO ENGAGE IN THE
MANUFACTURE OF PRESCRIPTION DRUGS OR PRESCRIPTION DEVICES,
CONSISTENT WITH THE DEFINITION OF "MANUFACTURER" UNDER THE U.S.
FOOD AND DRUG ADMINISTRATION'S REGULATIONS AND GUIDELINES
IMPLEMENTING THE PRESCRIPTION DRUG MARKETING ACT.
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- 2215 -
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