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Martin O'Malley, Governor Ch. 353
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ACCORDING TO THE TERMS AND CONDITIONS OF THE AGREEMENT BETWEEN
THE WHOLESALE DISTRIBUTOR AND THE PHARMACY OR PHARMACY
WAREHOUSE.
(2) RETURNS OF EXPIRED, DAMAGED, RECALLED, OR OTHERWISE
NONSALEABLE PRESCRIPTION DRUGS SHALL BE DISTRIBUTED BY THE
RECEIVING WHOLESALE DISTRIBUTOR ONLY TO EITHER THE ORIGINAL
MANUFACTURER OR A THIRD PARTY RETURNS PROCESSOR.
(3) RETURNS OR EXCHANGES OF PRESCRIPTION DRUGS,
SALEABLE OR OTHERWISE, INCLUDING ANY REDISTRIBUTION BY A RECEIVING
WHOLESALER, ARE NOT SUBJECT TO THE PEDIGREE REQUIREMENTS OF
§ 12-6C-10 OF THIS SUBTITLE IF THEY ARE EXEMPT FROM THE PEDIGREE
REQUIREMENT OF THE U.S. FOOD AND DRUG ADMINISTRATION'S CURRENTLY
APPLICABLE PRESCRIPTION DRUG MARKETING ACT GUIDELINES.
(4) WHOLESALE DISTRIBUTORS AND PHARMACIES SHALL BE
ACCOUNTABLE FOR:
(I) ADMINISTERING THEIR RETURNS PROCESS; AND
(II) ENSURING THAT THE RETURNS PROCESS IS SECURE
AND DOES NOT PERMIT THE ENTRY OF ADULTERATED AND COUNTERFEIT
PRODUCT.
(B) A WHOLESALE DISTRIBUTOR MAY SUPPLY PRESCRIPTION DRUGS
ONLY TO A PERSON AUTHORIZED BY LAW TO DISPENSE OR RECEIVE
PRESCRIPTION DRUGS.
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(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, A WHOLESALE DISTRIBUTOR MAY DELIVER PRESCRIPTION DRUGS
ONLY TO:
(I) THE PREMISES LISTED ON THE RECIPIENT'S LICENSE
OR PERMIT; OR
(II) AN AUTHORIZED PERSON OR AN AGENT OF AN
AUTHORIZED PERSON AT THE PREMISES OF THE WHOLESALE DISTRIBUTOR IF:
1. THE IDENTITY AND AUTHORIZATION OF THE
PERSON OR AGENT IS PROPERLY ESTABLISHED; AND
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- 2261 -
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