Health Occupations (GHO) — Title 12. Pharmacists and Pharmacies
Statutes in effect as of October 1, 2026.
Subtitle 1. Definitions; General Provisions
Md. Code Ann., Health Occ. § 12-101 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 1. Definitions; General Provisions
§ 12–101LinkCopy Citation
(a)
In this title the following words have the meanings indicated.
(b)
“Authorized prescriber” means any licensed dentist, licensed dental hygienist with prescriptive authority under § 4–206.4 of this article, licensed physician, licensed podiatrist, licensed veterinarian, advanced practice registered nurse with prescriptive authority under Title 8 of this article, licensed nurse anesthetist, or other individual authorized by law to prescribe prescription or nonprescription drugs or devices.
(c)
“Biological product” has the meaning stated in 42 U.S.C. § 262.
(d)
“Board” means the State Board of Pharmacy.
(d–1)
“Clinical research pharmacy” means a pharmacy that meets the requirements for a clinical research pharmacy permit under § 12–401.1(c) of this title.
(d–2)
“Clinical research pharmacy permit” means a permit issued by the Board to establish and operate a clinical research pharmacy.
(d–3)
“Compounded nonsterile preparations” means products compounded in accordance with USP 795.
(e)
“Compounded sterile preparations” means biologics, diagnostics, drugs, nutrients, and radiopharmaceuticals that, under USP 797, must be compounded using aseptic techniques.
(f)
(1)
“Compounding” means the preparation, mixing, assembling, packaging, or labeling of a drug or device:
(i)
As the result of a practitioner’s prescription drug order or initiative based on the practitioner/patient/pharmacist relationship in the course of professional practice; or
(ii)
For the purpose of, or incident to, research, teaching, or chemical analysis and not for the sale or dispensing of the drug or device.
(2)
“Compounding” includes the preparation of drugs or devices in anticipation of a prescription drug order based on routine, regularly observed prescribing patterns.
(g)
(1)
“Delegated pharmacy act” means an activity that constitutes the practice of pharmacy delegated by a licensed pharmacist under this title and regulations adopted by the Board.
(2)
“Delegated pharmacy act” does not include:
(i)
An act within the parameters of a therapy management contract as provided under Subtitle 6A of this title;
(ii)
Except as provided in § 12–6B–06 of this title, the administration of a vaccination in accordance with § 12–508 of this title;
(iii)
The delegation of a pharmacy act by a registered pharmacy technician, pharmacy student, or pharmacy technician trainee;
(iv)
A pharmacy activity performed by a pharmacy student in accordance with § 12–301(b) of this title;
(v)
A pharmacy activity performed by an applicant for a license to practice pharmacy in accordance with regulations adopted by the Board;
(vi)
A decision–making task that requires the professional judgment of a pharmacist; and
(vii)
The performance of other functions prohibited in regulations adopted by the Board.
(h)
(1)
“Device” means a device used in the diagnosis, treatment, or prevention of disease.
(2)
“Device” does not include any:
(i)
Surgical or dental instrument;
(ii)
Physical therapy equipment;
(iii)
X–ray apparatus; or
(iv)
Component part or accessory of any of these items.
(i)
“Direct supervision” means that a licensed pharmacist is physically available, notwithstanding appropriate breaks, on–site and in the prescription area or in an area where pharmacy services are provided to supervise the practice of pharmacy and delegated pharmacy acts.
(j)
“Dispense” or “dispensing” means the procedure which results in the receipt of a prescription or nonprescription drug or device by a patient or the patient’s agent and which entails the:
(1)
Interpretation of an authorized prescriber’s prescription for a drug or device;
(2)
Selection and labeling of the drug or device prescribed pursuant to that prescription; and
(3)
Measuring and packaging of the prescribed drug or device in accordance with State and federal laws.
(k)
(1)
“Distribute” means the process resulting in the provision of a prescription or nonprescription drug or device to a separate, intervening individual, licensed and practicing under this article, prior to administration of the provided drug or device to the patient pursuant to a prescription issued by an authorized prescriber.
(2)
“Distribute” does not include the operations of a person who holds a permit issued under § 12–6C–03 of this title.
(l)
“Drug” has the meaning stated in § 21–101 of the Health – General Article.
(l–1)
“Injectable medication for treatment of a sexually transmitted infection” means a medication that:
(1)
Is administered by injection other than intravenously;
(2)
Treats a sexually transmitted infection; and
(3)
Is not a vaccine.
(m)
“Interchangeable biological product” means a biological product that is:
(1)
Licensed and determined by the United States Food and Drug Administration to meet the standards for interchangeability under 42 U.S.C. § 262(k)(4); or
(2)
Determined to be therapeutically equivalent as stated in the latest edition of or supplement to the United States Food and Drug Administration’s approved drug products with therapeutic equivalence evaluations (the “Orange Book”).
(n)
“License” means, unless the context requires otherwise, a license issued to a pharmacist by the Board to practice pharmacy.
(o)
“Licensed pharmacist” means, unless the context requires otherwise, a pharmacist who is licensed by the Board to practice pharmacy.
(o–1)
(1)
“Maintenance injectable medication” means a medication that:
(i)
Is administered by injection other than intravenously; and
(ii)
Treats a chronic need, condition, or disorder.
(2)
“Maintenance injectable medication” includes a medication for the treatment of a psychiatric disorder or substance use disorder, contraception, and vitamins.
(o–2)
“Nicotine replacement therapy medication” means a drug or product, regardless of whether it is available over the counter, that:
(1)
Delivers nicotine to an individual; and
(2)
Is approved by the federal Food and Drug Administration for the sole purpose of aiding in tobacco cessation or smoking cessation.
(p)
“Nonprescription drug” means a drug which may be sold without a prescription and which is labeled for use by the consumer in accordance with the requirements of the laws and regulations of this State and the federal government.
(q)
“Nonresident pharmacy” means a pharmacy located outside this State that, in the normal course of business, as determined by the Board, ships, mails, or delivers drugs or devices to a person in this State pursuant to a prescription.
(r)
“Pharmaceutical care” means the provision of a patient’s drug regimen for the purpose of achieving definite outcomes related to the cure or prevention of a disease, elimination or reduction of a patient’s symptoms, or arresting or slowing of a disease process by identifying, resolving, or preventing actual or potential drug therapy problems and which may include patient counseling and providing information to licensed and certified health care providers.
(s)
“Pharmacist” means an individual who practices pharmacy regardless of the location where the activities of practice are performed.
(t)
“Pharmacy” means an establishment in which prescription or nonprescription drugs or devices are compounded, dispensed, or distributed.
(u)
“Pharmacy permit” means a permit issued by the Board to establish and operate a pharmacy.
(v)
“Pharmacy student” means an individual who is enrolled as a student in a school or college of pharmacy approved by the Board or accredited by the Accreditation Council for Pharmacy Education.
(w)
“Pharmacy technician trainee” means an individual engaged in a Board approved pharmacy technician training program.
(x)
(1)
“Practice pharmacy” means to engage in any of the following activities:
(i)
Providing pharmaceutical care;
(ii)
Compounding, dispensing, or distributing prescription drugs or devices;
(iii)
Compounding or dispensing nonprescription drugs or devices;
(iv)
Monitoring prescriptions for prescription and nonprescription drugs or devices;
(v)
Providing information, explanation, or recommendations to patients and health care practitioners about the safe and effective use of prescription or nonprescription drugs or devices;
(vi)
Identifying and appraising problems concerning the use or monitoring of therapy with drugs or devices;
(vii)
Acting within the parameters of a therapy management contract, as provided under Subtitle 6A of this title;
(viii)
Administering vaccinations in accordance with § 12–508 of this title or self–administered drugs or maintenance injectable medications in accordance with § 12–509 of this title;
(ix)
Delegating a pharmacy act to a registered pharmacy technician, pharmacy student, or an individual engaged in a Board approved pharmacy technician training program;
(x)
Supervising a delegated pharmacy act performed by a registered pharmacy technician, pharmacy student, or an individual engaged in a Board approved pharmacy technician training program;
(xi)
Providing drug therapy management in accordance with § 19–713.6 of the Health – General Article;
(xii)
Prescribing and dispensing contraceptive medications and self–administered contraceptive devices approved by the U.S. Food and Drug Administration;
(xiii)
Prescribing and dispensing nicotine replacement therapy medications; or
(xiv)
If the pharmacist is registered with the Nonoccupational Postexposure Prophylaxis (nPEP) Standing Order Program established under § 13–5302 of the Health – General Article, dispensing nonoccupational postexposure prophylaxis (nPEP) medication approved by the U.S. Food and Drug Administration and in accordance with “Updated Guidelines for Antiretroviral Postexposure Prophylaxis After Sexual, Injection Drug Use, or Other Nonoccupational Exposure to HIV – United States 2016” or subsequent guidelines published by the federal Centers for Disease Control and Prevention.
(2)
“Practice pharmacy” does not include the operations of a person who holds a permit issued under § 12–6C–03 of this title.
(y)
“Registered pharmacy intern” means an individual who is registered with the Board to practice pharmacy under the direct supervision of a pharmacist.
(z)
“Registered pharmacy technician” means an individual who is registered with the Board to perform delegated pharmacy acts.
(z–1)
“Registration” means, unless the context requires otherwise, a registration issued by the Board to perform delegated pharmacy acts under the supervision of a licensed pharmacist.
(z–2)
(1)
“Self–administered drug” means a drug that is regularly administered by the patient for whom the drug is prescribed or by an individual who is not otherwise authorized to administer drugs under this article.
(2)
“Self–administered drug” includes:
(i)
Eyedrops; and
(ii)
A drug that is administered by an intramuscular injection or a subcutaneous injection.
(aa)
“Supervision” means reviewing the work, guiding and directing the activities, and monitoring the performance of an individual.
(bb)
“USP–NF” means the United States Pharmacopeia and the National Formulary.
(cc)
“USP 795” means the standards set forth in the United States Pharmacopeia, General Chapter 795, “Pharmaceutical Compounding – Nonsterile Preparations”.
(dd)
“USP 797” means the standards set forth in the United States Pharmacopeia, General Chapter 797, “Pharmaceutical Compounding – Sterile Preparations”.
Md. Code Ann., Health Occ. § 12-102 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 1. Definitions; General Provisions
§ 12–102LinkCopy Citation
(a)
(1)
In this section the following terms have the meanings indicated.
(2)
“In the public interest” means the dispensing of drugs or devices by a licensed dentist, physician, nurse or midwife, or podiatrist to a patient when a pharmacy is not conveniently available to the patient.
(3)
“Nurse or midwife” means an individual licensed or certified by the Board of Nursing under Title 8 of this article.
(4)
Except as provided in § 15–302.2 of this article, “personally preparing and dispensing” means that the licensed dentist, physician, nurse or midwife, or podiatrist:
(i)
Is physically present on the premises where the prescription is filled; and
(ii)
Performs a final check of the prescription before it is provided to the patient.
(b)
This title does not limit the right of an individual to practice a health occupation that the individual is authorized to practice under this article.
(c)
(1)
This subsection does not apply to a licensed dentist who obtains a permit from the State Board of Dental Examiners under subsection (h) of this section.
(2)
This title does not prohibit:
(i)
A licensed veterinarian from:
(1)
Personally preparing and dispensing the veterinarian’s prescriptions; or
(2)
Dispensing, in accordance with § 2–313(c) of the Agriculture Article, compounded nonsterile preparations or compounded sterile preparations provided by a pharmacy;
(ii)
A licensed dentist, physician, or podiatrist from personally preparing and dispensing the dentist’s, physician’s, or podiatrist’s prescriptions when:
(1)
The dentist, physician, or podiatrist:
(A)
Has applied to the board of licensure in this State which licensed the dentist, physician, or podiatrist;
(B)
Has demonstrated to the satisfaction of that board that the dispensing of prescription drugs or devices by the dentist, physician, or podiatrist is in the public interest;
(C)
Has received a written permit from that board to dispense prescription drugs or devices except that a written permit is not required in order to dispense starter dosages or samples without charge; and
(D)
Posts a sign conspicuously positioned and readable regarding the process for resolving incorrectly filled prescriptions or includes written information regarding the process with each prescription dispensed;
(2)
The person for whom the drugs or devices are prescribed is a patient of the prescribing dentist, physician, or podiatrist;
(3)
The dentist, physician, or podiatrist does not have a substantial financial interest in a pharmacy; and
(4)
The dentist, physician, or podiatrist:
(A)
Complies with the dispensing and labeling requirements of this title;
(B)
Records the dispensing of the prescription drug or device on the patient’s chart;
(C)
Allows the Office of Controlled Substances Administration to enter and inspect the dentist’s, physician’s, or podiatrist’s office at all reasonable hours and in accordance with § 12–102.1 of this subtitle;
(D)
On inspection by the Office of Controlled Substances Administration, signs and dates an acknowledgment form provided by the Office of Controlled Substances Administration relating to the requirements of this section;
(E)
Except for starter dosages or samples without charge, provides the patient with a written prescription, maintains prescription files in accordance with § 12–403(c)(13) of this title, and maintains a separate file for Schedule II prescriptions;
(F)
Does not direct patients to a single pharmacist or pharmacy in accordance with § 12–403(c)(8) of this title;
(G)
Does not receive remuneration for referring patients to a pharmacist or pharmacy;
(H)
Complies with the child resistant packaging requirements regarding prescription drugs under Title 22, Subtitle 3 of the Health – General Article;
(I)
Complies with drug recalls;
(J)
Maintains biennial inventories and complies with any other federal and State record–keeping requirements relating to controlled dangerous substances;
(K)
Purchases prescription drugs from a pharmacy or wholesale distributor who holds a permit issued by the Board of Pharmacy, as verified by the Board of Pharmacy;
(L)
Annually reports to the respective board of licensure whether the dentist, physician, or podiatrist has personally prepared and dispensed prescription drugs within the previous year; and
(M)
Completes ten continuing education credits over a 5–year period relating to the preparing and dispensing of prescription drugs, offered by the Accreditation Council for Pharmacy Education (ACPE) or as approved by the Secretary, in consultation with each respective board of licensure, as a condition of permit renewal;
(iii)
A licensed physician from dispensing a topical medication without obtaining the permit required under item (ii)1C of this paragraph or completing the continuing education required under item (ii)4M of this paragraph when the physician:
(1)
Otherwise complies with item (ii) of this paragraph; and
(2)
Has obtained a special written permit under § 14–509 of this article;
(iv)
A licensed physician who complies with the requirements of item (ii) of this paragraph from personally preparing and dispensing a prescription written by:
(1)
A physician assistant who complies with Title 15, Subtitle 3 of this article; or
(2)
An advanced practice registered nurse with prescriptive authority under Title 8 of this article and is working with the physician in the same office setting;
(v)
A hospital–based clinic from dispensing prescriptions to its patients;
(vi)
An individual licensed or certified under Title 8 of this article from personally preparing and dispensing a drug or device as authorized under Title 8 of this article; or
(vii)
A health care provider licensed under this article from having an ownership interest in a clinical research pharmacy if:
(1)
The operations of the clinical research pharmacy are limited to the requirements for a clinical research pharmacy permit in § 12–101 of this subtitle;
(2)
A pharmacist licensed under this subtitle:
(A)
Is present on–site during all hours of operation of the clinical research pharmacy; and
(B)
Is responsible for all compounding, dispensing, and oversight of pharmacy services; and
(3)
Any health care provider with a substantial ownership interest in the clinical research pharmacy does not:
(A)
Direct patients to a single pharmacist or pharmacy in accordance with § 12–403(c)(8) of this title; or
(B)
Receive remuneration for referring patients to a pharmacist or pharmacy.
(d)
This title does not prohibit:
(1)
A licensed veterinarian from personally dispensing a drug or device sample to a patient of the veterinarian; or
(2)
A licensed dentist, licensed physician, or licensed podiatrist from personally dispensing a drug or device sample to a patient of the licensed dentist, licensed physician, or licensed podiatrist if:
(i)
The sample complies with the labeling requirements of § 12–505 of this title;
(ii)
No charge is made for the sample; and
(iii)
The authorized prescriber enters an appropriate record in the patient’s chart.
(e)
(1)
This title does not prohibit:
(i)
A dentist, physician, nurse or midwife, or podiatrist from administering a prescription drug or device in the course of treating a patient;
(ii)
A licensed dental hygienist from administering medication under § 4–206.4 of this article; or
(iii)
A nurse anesthetist from administering medication under § 8–513 of this article.
(2)
For the purposes of paragraph (1)(i) of this subsection, “administering” means the direct introduction of a single dosage of a drug or device at a given time, whether by injection or other means, and whether in liquid, tablet, capsule, or other form.
(f)
(1)
This title does not prohibit a dentist, physician, nurse or midwife, or podiatrist from personally dispensing a starter dosage of a prescription drug or device to a patient of the dentist, physician, nurse or midwife, or podiatrist, provided that:
(i)
The starter dosage complies with the labeling requirements of § 12–505 of this title;
(ii)
No charge is made for the starter dosage; and
(iii)
The dentist, physician, nurse or midwife, or podiatrist enters an appropriate record on the patient’s chart.
(2)
For the purposes of paragraph (1) of this subsection, “starter dosage” means an amount of drug or device sufficient to begin therapy:
(i)
Of short duration of 72 hours or less; or
(ii)
Prior to obtaining a larger quantity of the drug or device to complete the therapy.
(g)
This title does not prohibit a dentist, physician, nurse or midwife, or podiatrist from dispensing a prescription drug or device in the course of treating a patient:
(1)
At a medical facility or clinic that is operated on a nonprofit basis;
(2)
At a health center that operates on a campus of an institution of higher education; or
(3)
At a public health facility, a medical facility under contract with a State or local health department, or a facility funded with public funds.
(h)
This title does not prohibit a licensed dentist who obtains a permit from the State Board of Dental Examiners that allows the licensed dentist to dispense only prescription strength home fluoride products, dentin/enamel remineralizing products, and antimicrobial rinse from dispensing the product or rinse when:
(1)
The product or rinse is dispensed to a patient of the licensed dentist;
(2)
The licensed dentist enters an appropriate record in the patient’s chart that the product or rinse was dispensed to the patient; and
(3)
The licensed dentist affixes a label on the product or rinse container that includes:
(i)
The name of the patient; and
(ii)
Unless already printed on the container:
(1)
The expiration date of the product or rinse; and
(2)
The instructions for using the product or rinse.
(i)
This title does not apply to a person who only dispenses:
(1)
Prescription devices that do not contain a prescription drug;
(2)
Prescription devices within which the only prescription drug is medical oxygen;
(3)
Durable medical equipment, as defined by the Centers for Medicare and Medicaid Services; or
(4)
Prosthetics, orthotics, and related supplies.
(j)
This title does not prohibit a licensed dentist from dispensing a full course of antibiotics to a patient for infection control if:
(1)
The patient is receiving pro bono dental care;
(2)
There is no charge for the antibiotics;
(3)
The licensed dentist enters an appropriate record of the treatment in the patient’s chart; and
(4)
The licensed dentist affixes a label on the antibiotic container that includes:
(i)
The name of the patient; and
(ii)
Unless already printed on the container:
(1)
The expiration date of the antibiotic; and
(2)
The instructions for taking the antibiotic.
(k)
This title does not limit the right of a general merchant to sell:
(1)
Any nonprescription drug or device;
(2)
Any commonly used household or domestic remedy; or
(3)
Any farm remedy or ingredient for a spraying solution, in bulk or otherwise.
(l)
The Board of Pharmacy, the Board of Dental Examiners, the Board of Physicians, and the Board of Podiatric Medical Examiners annually shall report to the Office of Controlled Substances Administration:
(1)
The names and addresses of its licensees who are authorized to personally prepare and dispense prescription drugs; and
(2)
The names and addresses of its licensees who have reported, in accordance with subsection (c)(2)(ii)4L of this section, that they have personally prepared and dispensed prescription drugs within the previous year.
(m)
A dentist, physician, or podiatrist who fails to comply with the provisions of this section governing the dispensing of prescription drugs or devices shall:
(1)
Have the dispensing permit revoked; and
(2)
Be subject to disciplinary actions by the appropriate licensing board.
Md. Code Ann., Health Occ. § 12-102.1 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 1. Definitions; General Provisions
§ 12–102.1LinkCopy Citation
(a)
This section does not apply to a licensed dentist who obtains a permit from the State Board of Dental Examiners under § 12–102(h) of this subtitle.
(b)
The Office of Controlled Substances Administration shall enter and inspect the office of a dentist, physician, or podiatrist who holds:
(1)
An initial dispensing permit:
(i)
Within 6 months after receiving the report required under § 12–102(l)(1) of this subtitle; and
(ii)
At least one more time during the duration of the permit; and
(2)
A renewed dispensing permit at least two times during the duration of the permit.
(c)
The Office of Controlled Substances Administration promptly shall report the results of the inspections required under subsection (b) of this section to the respective board of licensure.
Md. Code Ann., Health Occ. § 12-102.2 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 1. Definitions; General Provisions
§ 12–102.2LinkCopy Citation
(a)
This section does not apply to a licensed dentist who obtains a permit from the State Board of Dental Examiners under § 12–102(h) of this subtitle.
(b)
The Board of Dental Examiners, the Board of Physicians, and the Board of Podiatric Medical Examiners shall charge a fee to a dentist, physician, or podiatrist who holds a dispensing permit in an amount that will produce funds to approximate but not exceed the documented costs to the Office of Controlled Substances Administration for inspections of dispensing permit holders.
(c)
Revenues collected by the Board of Dental Examiners, the Board of Physicians, and the Board of Podiatric Medical Examiners under this section shall be paid into the General Fund of the State.
Subtitle 2. State Board of Pharmacy
Md. Code Ann., Health Occ. § 12-201 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 2. State Board of Pharmacy
§ 12–201LinkCopy Citation
There is a State Board of Pharmacy in the Department.
Md. Code Ann., Health Occ. § 12-202 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 2. State Board of Pharmacy
§ 12–202LinkCopy Citation
(a)
(1)
The Board consists of 13 members.
(2)
Of the 13 Board members:
(i)
Ten shall be licensed pharmacists, including:
(1)
Two who at the time of appointment practice primarily in chain store pharmacies;
(2)
Two who at the time of appointment practice primarily in independent pharmacies;
(3)
Two who at the time of appointment practice primarily in an acute–care hospital;
(4)
One who at the time of appointment practices primarily in a pharmacy that provides services to a long–term care facility;
(5)
One who at the time of appointment practices primarily in a pharmacy that specializes in the provision of home infusion/home care services; and
(6)
Two pharmacists at–large;
(ii)
One shall be a registered pharmacy technician; and
(iii)
Two shall be consumer members.
(3)
(i)
The Governor shall appoint the chain store pharmacist members, with the advice of the Secretary, from a list of names submitted to the Secretary and the Governor by the Maryland Association of Chain Drug Stores.
(ii)
The Governor shall appoint the independent pharmacist members, with the advice of the Secretary, from a list of names submitted to the Secretary and the Governor by the Maryland Pharmacists Association and the Maryland Pharmaceutical Society.
(iii)
The Governor shall appoint the acute–care hospital pharmacist members, with the advice of the Secretary, from a list of names submitted to the Secretary and the Governor by the Maryland Society of Health–System Pharmacists.
(iv)
The Governor shall appoint the long–term care facility pharmacist member, with the advice of the Secretary, from a list of names submitted to the Secretary and the Governor by the Maryland Chapter of the American Society of Consultant Pharmacists.
(v)
The Governor shall appoint the home infusion/home care pharmacist member, with the advice of the Secretary, from a list of names submitted to the Secretary and the Governor by the Maryland Society of Health–System Pharmacists.
(vi)
The Governor shall appoint the at–large pharmacist members, with the advice of the Secretary, from a list of all names submitted to the Maryland Pharmacists Association, and then forwarded to the Secretary and the Governor.
(vii)
The Governor shall appoint the registered pharmacy technician member, with the advice of the Secretary, from a list of all names submitted to the Secretary and the Governor by the Maryland Society of Health–System Pharmacists and the Maryland Pharmacists Association.
(viii)
Except for the at–large vacancies, the number of names on each list submitted to the Secretary and the Governor under this paragraph shall be three times the number of vacancies.
(4)
For each pharmacist vacancy and each registered pharmacy technician vacancy:
(i)
The Board shall notify all licensed pharmacists, registered pharmacy technicians, and other interested parties of record in the State of the vacancy to solicit nominations to fill the vacancy and provide information for contacting a representative of the group that submits the list of names to the Governor under paragraph (3) of this subsection; and
(ii)
Except for the at–large vacancies, each association that is responsible for submitting a list of nominees to the Secretary and the Governor under this section shall:
(1)
Issue a nomination form upon the request of any licensed pharmacist and consider all nominations received by the association’s deadline;
(2)
Form a committee, which recognizes diversity within the State in geographic distribution, sex, race, and age, comprised of at least five pharmacists to review nominations, interview all qualified nominees in a meeting open to the public, and select three names for each vacancy to be submitted to the Secretary and the Governor; and
(3)
In the event that fewer than three qualified nominees are submitted to the association, select any additional names that are needed to complete the list required to be submitted to the Secretary and the Governor under this section.
(5)
The Governor shall appoint the consumer members with the advice of the Secretary and the advice and consent of the Senate.
(6)
Each member of the Board shall be a resident of this State.
(7)
A member of the Board shall be recused from all aspects of the licensing exam if that Board member:
(i)
Is a member of the board of trustees at a school of pharmacy;
(ii)
Is a teacher at a school of pharmacy; or
(iii)
Acquires the member’s primary source of income through employment by a school of pharmacy.
(b)
Each pharmacist member and each registered pharmacy technician member of the Board shall:
(1)
Be skilled and competent in practicing pharmacy; and
(2)
Have at least 5 years of active pharmacy practice.
(c)
Each consumer member of the Board:
(1)
Shall be a member of the general public;
(2)
May not be or ever have been a pharmacist or in training to become a pharmacist;
(3)
May not have a household member who is a pharmacist or in training to become a pharmacist;
(4)
May not participate or ever have participated in a commercial or professional field related to practicing pharmacy;
(5)
May not have a household member who participates in a commercial or professional field related to practicing pharmacy; and
(6)
May not have had within 2 years before appointment a substantial financial interest in a person regulated by the Board.
(d)
While a member of the Board, a consumer member may not have a substantial financial interest in a person regulated by the Board.
(e)
Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution.
(f)
(1)
The term of a member is 4 years.
(2)
The terms of members are staggered as required by the terms provided for members of the Board on July 1, 1981.
(3)
At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(4)
A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
(5)
To the extent practicable, the Governor shall fill any vacancy on the Board within 60 days of the date of the vacancy.
(6)
A member may not serve more than 2 consecutive full terms.
(g)
(1)
The Governor may remove a member for incompetence or misconduct.
(2)
Upon the recommendation of the Secretary, the Governor may remove a member whom the Secretary finds to have been absent from 2 successive Board meetings without adequate reason.
Md. Code Ann., Health Occ. § 12-203 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 2. State Board of Pharmacy
§ 12–203LinkCopy Citation
(a)
From among its members, the Board annually shall elect a president, a secretary, and a treasurer.
(b)
The Board shall determine:
(1)
The manner of election of officers; and
(2)
The duties of each officer.
Md. Code Ann., Health Occ. § 12-204 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 2. State Board of Pharmacy
§ 12–204LinkCopy Citation
(a)
A majority of the members then serving on the Board is a quorum to do business.
(b)
The Board shall determine the times and places of its meetings.
(c)
Each member of the Board is entitled to:
(1)
Compensation in accordance with the budget of the Board; and
(2)
Reimbursement for expenses at a rate determined by the Board.
(d)
(1)
The Board may employ a staff in accordance with the budget of the Board.
(2)
The Board may designate 1 of its staff as an executive director.
Md. Code Ann., Health Occ. § 12-205 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 2. State Board of Pharmacy
§ 12–205LinkCopy Citation
(a)
In addition to the powers set forth elsewhere in this title, the Board may adopt:
(1)
Rules and bylaws that are necessary to do its business;
(2)
Rules and regulations to carry out the provisions of this title;
(3)
Rules and regulations that are necessary to protect the public health, safety, and welfare and that establish standards for practicing pharmacy and operating pharmacies, including rules and regulations that govern:
(i)
Methods of advertising and promotion; and
(ii)
Standards for filling and refilling prescriptions; and
(4)
A code of conduct that specifies which behaviors are either required or prohibited in the practice of pharmacy.
(b)
In addition to the duties set forth elsewhere in this title, the Board shall:
(1)
Keep a record that includes:
(i)
The name and place of the business or the home address of each licensed pharmacist, each registered pharmacy technician, and each registered pharmacy intern;
(ii)
The facts concerning the issuance of that pharmacist’s license;
(iii)
The facts concerning the issuance of that pharmacy technician’s registration; and
(iv)
The facts concerning the issuance of that pharmacy intern’s registration;
(2)
Prepare and deliver to the Governor, the Secretary, and the Maryland Pharmacists Association an annual report that:
(i)
Summarizes the condition of pharmacy in this State; and
(ii)
Includes a record of the proceedings of the Board; and
(3)
Disclose any information contained in a record to any health occupations regulatory board or agency of this State or another state if the health occupations regulatory board or agency of this State or another state requests the information in writing.
(c)
In addition to the duties set forth elsewhere in this title, the Board may initiate such programs and projects as deemed necessary to inform or protect the public.
(d)
(1)
The Board shall adopt standards for approving examinations under § 12-6B-02(b)(4) of this title.
(2)
The Board shall approve any examination that meets the standards adopted under paragraph (1) of this subsection including:
(i)
Employer based pharmacy technician examinations;
(ii)
Nationally recognized pharmacy technician examinations; and
(iii)
Examinations for certification as a pharmacy technician.
Md. Code Ann., Health Occ. § 12-206 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 2. State Board of Pharmacy
§ 12–206LinkCopy Citation
(a)
There is a State Board of Pharmacy Fund.
(b)
(1)
The Board may set reasonable fees for the issuance and renewal of licenses and registrations and its other services.
(2)
The fees charged shall be set so as to produce funds to approximate the cost of maintaining the Board.
(3)
Funds to cover the compensation and expenses of the Board members shall be generated by fees set under this section.
(c)
(1)
The Board shall pay all funds collected under this title to the Comptroller of the State.
(2)
The Comptroller shall distribute the fees to the State Board of Pharmacy Fund.
(d)
(1)
The Fund shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided by the provisions of this article.
(2)
The Fund is a continuing, nonlapsing fund, not subject to § 7-302 of the State Finance and Procurement Article.
(3)
Any unspent portions of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund to be used for the purposes specified in this article.
(4)
No other State money may be used to support the Fund.
(e)
(1)
A designee of the Board shall administer the Fund.
(2)
Moneys in the Fund may be expended only for any lawful purpose authorized under the provisions of this article.
(f)
The Board may allocate moneys from the Fund to a pharmacist rehabilitation committee described in § 12-317 of this title.
(g)
The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2-1220 of the State Government Article.
Md. Code Ann., Health Occ. § 12-207 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 2. State Board of Pharmacy
§ 12–207LinkCopy Citation
A person shall have the immunity from liability described under § 5-713 of the Courts and Judicial Proceedings Article for giving information to the Board or otherwise participating in its activities.
Subtitle 3
Md. Code Ann., Health Occ. § 12-301 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 3
§ 12–301LinkCopy Citation
(a)
Except as otherwise provided in this title or §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual shall be licensed by the Board before the individual may practice pharmacy in this State.
(b)
This section does not apply to a pharmacy student participating in an experiential learning program of a college or school of pharmacy under the supervision of a licensed pharmacist.
(c)
This section does not apply to a registered pharmacy intern practicing under the direct supervision of a licensed pharmacist.
Md. Code Ann., Health Occ. § 12-302 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 3
§ 12–302LinkCopy Citation
(a)
To qualify for a license, an applicant shall be an individual who meets the requirements of this section.
(b)
The applicant shall be of good moral character.
(c)
The applicant shall be at least 18 years old.
(d)
The applicant shall submit to a criminal history records check in accordance with § 12–302.1 of this subtitle.
(e)
The applicant shall:
(1)
Be a graduate of a school or college of pharmacy that is approved by the Board or accredited by the American Council on Pharmaceutical Education; and
(2)
Have completed the professional experience program that the Board requires.
(f)
Except as otherwise provided in this title, the applicant shall pass an examination given by the Board under this subtitle.
(g)
(1)
In this subsection, “foreign school or college of pharmacy” means a school or college of pharmacy that is not located in any state in the United States.
(2)
The Board may waive the requirements of subsection (e)(1) of this section for an applicant who is a graduate of a foreign school or college of pharmacy, provided that the applicant passes an examination approved by the Board in addition to the examinations otherwise given by the Board under this subtitle.
(h)
(1)
Except as otherwise provided in this subsection, the Board shall require, as part of its examination or licensing procedures, an applicant for a license to practice pharmacy to demonstrate an oral competency in the English language by passing a Board approved standardized test of oral competency.
(2)
The Board shall adopt regulations that establish a procedure for testing an individual who because of the individual’s speech or hearing impairment is unable to complete satisfactorily a Board approved standardized test of oral competency.
(3)
If any disciplinary charge or action that relates to a problem with the oral communication of the English language is brought against a licensee under this title, the Board shall require the licensee to pass a Board approved standardized test of oral competency.
(4)
The Board may not require an applicant for a license to practice pharmacy, who is or was previously licensed in another state to practice pharmacy, to demonstrate an oral competency in the English language, if the other state’s examination and licensing procedures at the time the applicant was licensed in the other state included an oral competency component.
(5)
Graduation from a recognized English–speaking professional school accredited by the Accreditation Council for Pharmacy Education is acceptable as proof of proficiency in the oral communication of the English language under this subsection.
Md. Code Ann., Health Occ. § 12-302.1 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 3
§ 12–302.1LinkCopy Citation
(a)
In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
(b)
An applicant shall apply to the Central Repository for a State and national criminal history records check.
(c)
As part of the application for a criminal history records check, an applicant shall complete and submit to the Central Repository:
(1)
A complete set of legible fingerprints taken in a format approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;
(2)
The fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and
(3)
The mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
(d)
In accordance with §§ 10–201 through 10–229 of the Criminal Procedure Article, the Central Repository shall forward to the Board and the individual the individual’s criminal history record information.
(e)
Information obtained from the Central Repository under this section:
(1)
Is confidential;
(2)
May not be redisseminated; and
(3)
May be used only for the licensing purpose authorized by this title.
(f)
The subject of a criminal history records check under this section may contest the contents of the criminal history record information issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.
(g)
If criminal history record information is reported to the Central Repository after the date of the initial criminal history records check, the Central Repository shall provide to the Board and the individual revised criminal history record information for the individual.
Md. Code Ann., Health Occ. § 12-303 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 3
§ 12–303LinkCopy Citation
(a)
To apply for a license, an applicant shall:
(1)
Submit an application to the Board on the form that the Board requires;
(2)
Pay the application fees set by the Board; and
(3)
Submit to a criminal history records check in accordance with § 12–302.1 of this subtitle.
(b)
An application shall be signed and verified by the applicant as to completion of the required professional experience program.
Md. Code Ann., Health Occ. § 12-304 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 3
§ 12–304LinkCopy Citation
(a)
An applicant who otherwise qualifies for a license is entitled to be examined as provided in this section.
(b)
The Board shall give examinations to applicants at least twice a year, at the times and places that the Board determines.
(c)
The Board shall notify each qualified applicant of the time and place of examination.
(d)
The Board shall determine the subjects, scope, form, and passing score for examinations given under this subtitle.
Md. Code Ann., Health Occ. § 12-305 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 3
§ 12–305LinkCopy Citation
(a)
Subject to the provisions of this section, the Board may waive any examination requirement of this title for an applicant who is licensed to practice pharmacy in any other state, if that state grants a similar waiver to licensees of this State.
(b)
The Board may grant a waiver under this section only if the applicant:
(1)
Is of good moral character;
(2)
Pays the application fees set by the Board; and
(3)
Provides adequate evidence that the applicant:
(i)
Meets the qualifications otherwise required by this title; and
(ii)
Became licensed or registered in the other state to practice pharmacy only after passing an examination that is approved by the Board.
(c)
The Board shall adopt by regulation an examination to be administered to applicants who are licensed to practice pharmacy in any other state.
Md. Code Ann., Health Occ. § 12-306 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 3
§ 12–306LinkCopy Citation
(a)
The Board shall issue a license to any applicant who meets the requirements of this title.
(b)
(1)
On receipt of the criminal history record information of an applicant for licensure forwarded to the Board in accordance with § 12–302.1 of this subtitle, in determining whether to grant a license, the Board shall consider:
(i)
The age at which the crime was committed;
(ii)
The circumstances surrounding the crime;
(iii)
The length of time that has passed since the crime;
(iv)
Subsequent work history;
(v)
Employment and character references; and
(vi)
Other evidence that demonstrates whether the applicant poses a threat to the public health or safety.
(2)
The Board may not issue a license if the criminal history record information required under § 12–302.1 of this subtitle has not been received.
Md. Code Ann., Health Occ. § 12-307 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 3
§ 12–307LinkCopy Citation
(a)
A license authorizes the licensee to practice pharmacy while the license is effective.
(b)
Except as otherwise provided in this section, a pharmacist may engage in dispensing or distributing only from a pharmacy holding a pharmacy permit issued by the Board.
(c)
(1)
Pursuant to regulations adopted by the Board, a licensed pharmacist may engage in dispensing or distributing from a setting not holding a pharmacy permit only upon receiving the prior approval of the Board.
(2)
The Board shall adopt regulations that authorize a pharmacist to dispense or distribute from a remote location for the benefit of a health care facility that uses a remote automated medication system in accordance with § 12–605 of this title.
(d)
A licensed pharmacist may delegate pharmacy acts to a registered pharmacy technician, pharmacy student, or pharmacy technician trainee only if the delegated pharmacy acts:
(1)
Are directly supervised by a licensed pharmacist;
(2)
Are not required to be performed by a licensed pharmacist;
(3)
Are within the education, training, experience, and area of practice of the delegating licensed pharmacist; and
(4)
Are appropriate to the education, training, and experience of the registered pharmacy technician, pharmacy student, or pharmacy technician trainee.
(e)
A licensed pharmacist may delegate the entry of prescription–related data into databases or patient charts to be performed at a remote location to a registered pharmacy technician or a registered pharmacy intern if:
(1)
The registered pharmacy technician or registered pharmacy intern has immediate electronic access to a pharmacist who can provide assistance as needed; and
(2)
The data entry:
(i)
Is not required to be performed by a licensed pharmacist;
(ii)
Is within the education, training, experience, and area of practice of the delegating licensed pharmacist;
(iii)
Is appropriate to the education, training, and experience of the registered pharmacy technician or the registered pharmacy intern; and
(iv)
If the data entry involves access to protected patient information under the federal Health Insurance Portability and Accountability Act of 1996, can be performed in a manner that maintains the confidentiality of patient information.
Md. Code Ann., Health Occ. § 12-308 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 3
§ 12–308LinkCopy Citation
(a)
(1)
A license expires on the date set by the Board unless it is renewed for an additional term as provided in this section.
(2)
A license may not be renewed for a term longer than 2 years.
(b)
(1)
Except as provided in paragraph (2) of this subsection, the Board shall send to each licensee, at least 1 month before a license expires, a renewal notice by electronic means to the last known e–mail address of the licensee.
(2)
If requested by a licensee, the Board shall send to the licensee a renewal notice by first–class mail to the last known address of the licensee.
(3)
If a renewal notice sent by electronic means under paragraph (1) of this subsection is returned to the Board as undeliverable, the Board shall send to the licensee a renewal notice by first–class mail to the last known address of the licensee.
(4)
A renewal notice sent under this subsection shall state:
(i)
The date on which the current license expires;
(ii)
The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the license expires; and
(iii)
The amount of the renewal fee.
(c)
Before the license expires, the licensee periodically may renew it for an additional term set by the Board in its regulations, if the licensee:
(1)
Otherwise is entitled to be licensed;
(2)
Pays to the Board a renewal fee set by the Board; and
(3)
Submits to the Board:
(i)
A renewal application on the form that the Board requires; and
(ii)
Satisfactory evidence of compliance with the continuing education requirements set under this subtitle for license renewal.
(d)
Beginning July 1, 2027, the Board shall require all licensees who were initially licensed without a criminal history records check to submit to a criminal history records check in accordance with § 12–302.1 of this subtitle on renewal as set forth in regulations adopted by the Board.
(e)
The Board shall renew the license of and issue a renewal certificate to each licensee who meets the requirements of this section.
Md. Code Ann., Health Occ. § 12-309 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 3
§ 12–309LinkCopy Citation
(a)
Except as permitted in subsections (b) and (c) of this section, the Board may not renew the license and issue a certificate of renewal to any pharmacist until the pharmacist presents evidence of having completed 30 hours of approved continuing pharmaceutical education within the preceding 2 years.
(b)
The Board may renew the license and issue a certificate of renewal to a pharmacist who presents acceptable evidence that the pharmacist was unable to comply with subsection (a) of this section.
(c)
The Board may renew the license and issue a certificate of renewal for the first renewal period following the issuance of the original license without requiring a pharmacist to complete any continuing pharmaceutical education, if the pharmacist obtains a license within 1 year of the completion of the pharmacist’s pharmaceutical education.
(d)
The Board shall evaluate and approve programs of continuing pharmaceutical education submitted to the Board by the person who intends to offer the program.
(e)
Each program of continuing pharmaceutical education shall consist of at least 1 continuing education unit, which is 1 hour of participation in an organized continuing educational experience, including postgraduate studies, institutes, seminars, lectures, conferences, workshops, correspondence courses, cassette programs, programmed learning courses, audiovisual programs, and any other form of presentation that is approved by the Board.
(f)
Any aspect of the practice of pharmacy may be the subject of a program of continuing pharmaceutical education, including pharmaceutics (compounding), pharmacology, pharmaceutical chemistry, biochemistry, physiology, microbiology, pharmacy administration, and professional practice management.
(g)
Each program of continuing pharmaceutical education submitted to the Board of Pharmacy for approval shall:
(1)
Have a definite stated objective;
(2)
Be presented in an organized manner by a qualified instructor or resource person; and
(3)
Include a method of program evaluation that is suitable to the type of program being presented.
(h)
Each person who offers a program of continuing pharmaceutical education shall:
(1)
Provide a means for registration by the participants;
(2)
Maintain a record of participation for at least 3 years; and
(3)
Furnish each participant with adequate documentation of satisfactory completion of the program, including:
(i)
The name of the participant;
(ii)
The name of the sponsor;
(iii)
The type of program completed;
(iv)
The number of continuing education hours or units completed; and
(v)
The date of completion.
(i)
For purposes of evaluation, members of the Board may attend and participate in any continuing pharmaceutical education program approved for credit.
(j)
A pharmacist who completes a program of continuing pharmaceutical education that is not previously approved by the Board may request the Board, in writing, to approve the program for credit.
(k)
The Board shall adopt regulations that are necessary to carry out the purposes of this section.
(l)
Any continuing education program that is currently approved by the American Council on Pharmaceutical Education automatically qualifies for continuing education credit.
Md. Code Ann., Health Occ. § 12-310 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 3
§ 12–310LinkCopy Citation
(a)
The Board shall reinstate the license of a pharmacist whose license has been expired for less than 2 years, if the pharmacist:
(1)
Meets the renewal and reinstatement requirements set by rule and regulation of the Board; and
(2)
Pays to the Board the reinstatement fee set by the Board.
(b)
The Board shall reinstate the license of a pharmacist whose license has been expired for 2 years or more if the pharmacist:
(1)
Meets the reinstatement requirements established by the Board in its rules or regulations;
(2)
Satisfies the requirements of subsection (a) of this section; and
(3)
Submits to a criminal history records check in accordance with § 12–302.1 of this subtitle.
Md. Code Ann., Health Occ. § 12-311 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 3
§ 12–311LinkCopy Citation
Each licensee shall display the license conspicuously in the office or place of business of the licensee.
Md. Code Ann., Health Occ. § 12-312 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 3
§ 12–312LinkCopy Citation
(a)
Unless the Board agrees to accept the surrender of a license, a licensed pharmacist may not surrender the license nor may the license lapse by operation of law while the licensee is under investigation or while charges are pending against the pharmacist.
(b)
The Board may set conditions on its agreement with the pharmacist under investigation or against whom charges are pending to accept surrender of the pharmacist’s license.
Md. Code Ann., Health Occ. § 12-313 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 3
§ 12–313LinkCopy Citation
(a)
In this section, “convicted” includes a determination of guilt, a guilty plea, or a plea of nolo contendere followed by a sentence.
(b)
Subject to the hearing provisions of § 12–315 of this subtitle, the Board, on the affirmative vote of a majority of its members then serving, may deny a license to any applicant for a pharmacist’s license, reprimand any licensee, place any licensee on probation, or suspend or revoke a license of a pharmacist if the applicant or licensee:
(1)
Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;
(2)
Fraudulently or deceptively uses a license;
(3)
Aids an unauthorized individual to practice pharmacy or to represent that the individual is a pharmacist, a registered pharmacy intern, or a registered pharmacy technician;
(4)
Delegates pharmacy acts to an unauthorized individual;
(5)
Provides professional services while:
(i)
Under the influence of alcohol; or
(ii)
Using any narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic amounts or without valid medical indication;
(6)
Submits a false statement to collect a fee;
(7)
Willfully makes or files a false report or record as part of practicing pharmacy;
(8)
Willfully fails to file or record any report that is required by law;
(9)
Willfully impedes or obstructs the filing or recording of any report that is required by law;
(10)
Willfully induces another to fail to file or record any report that is required by law;
(11)
Provides or causes to be provided to any authorized prescriber prescription forms that bear the name, address, or other means of identification of a pharmacist or pharmacy;
(12)
Provides remuneration to an authorized prescriber for referring an individual to a pharmacist or pharmacy for a product or service to be provided by that pharmacist or pharmacy;
(13)
Agrees with an authorized prescriber, a registered pharmacy intern, or registered pharmacy technician to prepare or dispense a secret formula prescription;
(14)
Except as to an association that has remained in continuous existence since July 1, 1963, associates as a partner, coowner, or employee of a pharmacy that is owned wholly or substantially by an authorized prescriber or group of authorized prescribers;
(15)
Dispenses any drug, device, or diagnostic for which a prescription is required without a written, oral, or electronically transmitted prescription from an authorized prescriber;
(16)
Except as provided in § 12–506 of this title, unless an authorized prescriber authorizes the refill, refills a prescription for any drug, device, or diagnostic for which a prescription is required;
(17)
Violates any provision of § 12–505 of this title, which concerns the labeling requirements for prescriptions for drugs, devices, or diagnostics;
(18)
Violates any provision of § 12–603 of this title, which concerns the home dialysis distribution program;
(19)
Advertises or otherwise publicly claims to dispense prescriptions or practice pharmacy in a superior manner;
(20)
Advertises in a manner that tends to deceive or defraud the public;
(21)
Is professionally, physically, or mentally incompetent;
(22)
Is convicted of or pleads guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside;
(23)
Is convicted of a violation of this title;
(24)
Is disciplined by a licensing or disciplinary authority of any state or country or convicted or disciplined by a court of any state or country, or disciplined by any branch of the uniformed services or the U.S. Department of Veterans Affairs, for an act that would be grounds for disciplinary action under the Board’s disciplinary statutes;
(25)
Violates any rule or regulation adopted by the Board;
(26)
Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the licensee is licensed and qualified to render because the individual is HIV positive;
(27)
Violates any provision of § 12–507 of this title;
(28)
Provides or causes to be provided confidential patient information to any person without first having obtained the patient’s consent, as required by § 12–403(c)(13) of this title and by Title 4, Subtitle 3 of the Health – General Article;
(29)
Fails to cooperate with a lawful investigation conducted by the Board or the Office of Controlled Substances Administration;
(30)
Delegates pharmacy acts to a registered pharmacy technician, pharmacy student, or a pharmacy technician trainee outside the scope of education, training, experience, and area of practice of a licensed pharmacist;
(31)
Delegates pharmacy acts that are inappropriate for a registered pharmacy technician, pharmacy student, or pharmacy technician trainee who does not have the education, training, or experience to perform the delegated pharmacy acts;
(32)
Fails to dispense or dispose of prescription drugs or medical supplies in accordance with Title 15, Subtitle 6 of the Health – General Article; or
(33)
Fails to appropriately supervise a registered pharmacy intern.
(c)
(1)
The Board shall revoke the license of a licensee who is convicted under § 5–702 of the Criminal Law Article.
(2)
The Board may reinstate the license of a person whose license has been revoked under this section in accordance with the regulations adopted by the Board.
Md. Code Ann., Health Occ. § 12-314 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 3
§ 12–314LinkCopy Citation
(a)
If after a hearing under § 12-315 of this subtitle the Board finds that there are grounds under § 12-313 of this subtitle to reprimand any licensee, place any licensee on probation, or suspend or revoke a license, the Board may impose a penalty not exceeding $10,000:
(1)
Instead of reprimanding the licensee, placing the licensee on probation, or suspending or revoking the license; or
(2)
In addition to reprimanding the licensee, placing the licensee on probation, or suspending or revoking the license.
(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.
Md. Code Ann., Health Occ. § 12-315 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 3
§ 12–315LinkCopy Citation
(a)
Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 12-313 of this subtitle or § 12-6B-09 of this title, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board.
(b)
The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.
(c)
The hearing notice to be given to the individual shall be sent by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the last known address of the individual at least 20 days before the hearing.
(d)
The individual may be represented at the hearing by counsel.
(e)
Over the signature of an officer or the executive director of the Board, the Board may issue subpoenas and administer oaths in connection with any investigation under this title and any hearings or proceedings before it.
(f)
If, without lawful excuse, a person disobeys a subpoena from the Board or an order by the Board to take an oath or to testify or answer a question, then, on petition of the Board, a court of competent jurisdiction may punish the person as for contempt of court.
(g)
If after due notice the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.
(h)
The hearing of charges against a person may not be stayed or challenged by procedural defects alleged to have occurred prior to filing of the charges.
(i)
(1)
This subsection does not apply to a civil action brought by a party to a proceeding before the Board who claims to be aggrieved by the decision of the Board.
(2)
Except by the express stipulation and consent of all parties to a proceeding before the Board or any of its investigatory bodies, in a civil or criminal action:
(i)
The proceedings, records, or files of the Board or any of its investigatory bodies are not discoverable and are not admissible in evidence; and
(ii)
Any order passed by the Board is not admissible in evidence.
(3)
If any medical or hospital record or any other exhibit is subpoenaed and otherwise is admissible in evidence, the use of that record or exhibit in a proceeding before the Board or any of its investigatory bodies does not prevent its production in any other proceeding.
Md. Code Ann., Health Occ. § 12-316 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 3
§ 12–316LinkCopy Citation
(a)
Except as provided in this section for an action under § 12–313 of this subtitle or § 12–6B–09 or § 12–6D–11 of this title, any person aggrieved by a final decision of the Board in a contested case, as defined in the Administrative Procedure Act, may petition for judicial review as allowed by the Administrative Procedure Act.
(b)
Any person aggrieved by a final decision of the Board under § 12–313 of this subtitle or § 12–6B–09 or § 12–6D–11 of this title may not appeal to the Secretary but may take a direct judicial appeal as provided in the Administrative Procedure Act.
Md. Code Ann., Health Occ. § 12-317 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 3
§ 12–317LinkCopy Citation
(a)
In this section, “pharmacist rehabilitation committee” means a group that:
(1)
Includes at least one pharmacist; and
(2)
Is recognized by the Board.
(b)
For purposes of this section, a pharmacist rehabilitation committee evaluates and provides assistance to any pharmacist, registered pharmacy intern, or registered pharmacy technician in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition.
(c)
(1)
Except as otherwise provided in this section, the proceedings, records, and files of a pharmacist rehabilitation committee are not discoverable and are not admissible in evidence in any civil action arising out of matters that are being or have been reviewed and evaluated by the pharmacist rehabilitation committee.
(2)
Paragraph (1) of this subsection does not apply to any record or document that is considered by the pharmacist rehabilitation committee and that otherwise would be subject to discovery and introduction into evidence in a civil trial.
(3)
For purposes of this subsection, civil action does not include a proceeding before the Board or judicial review of a proceeding before the Board.
(d)
A person who acts in good faith and within the scope of jurisdiction of a pharmacist rehabilitation committee is not civilly liable for any action as a member of the pharmacist rehabilitation committee or for giving information to, participating in, or contributing to the function of the pharmacist rehabilitation committee.
Md. Code Ann., Health Occ. § 12-318 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 3
§ 12–318LinkCopy Citation
(a)
In this section, “pharmacy review committee” means an advisory committee appointed by the Board from a pool of Board approved pharmacists to aid the Board in licensing and disciplinary matters.
(b)
A pharmacy review committee shall:
(1)
Evaluate and seek to improve the quality of pharmaceutical care provided by providers of pharmaceutical care;
(2)
Evaluate the need for and the level of performance of pharmaceutical care provided by providers of pharmaceutical care;
(3)
Evaluate the qualifications, competence, and performance of providers of pharmaceutical care; or
(4)
Evaluate and act on matters that relate to the discipline of any provider of pharmaceutical care.
(c)
(1)
This subsection does not apply to:
(i)
A civil action brought by a party to the proceedings of the pharmacy review committee who claims to be aggrieved by the decision of the pharmacy review committee; or
(ii)
Any record or document that is considered by the pharmacy review committee and that otherwise would be subject to discovery and introduction into evidence in a civil trial.
(2)
The proceedings, records, and files of a pharmacy review committee are not discoverable and are not admissible in evidence in any civil action arising out of matters that are being reviewed and evaluated by the pharmacy review committee.
(d)
A person who acts in good faith and within the scope of jurisdiction of a pharmacy review committee is not civilly liable for any action as a member of the pharmacy review committee or for giving information to, participating in, or contributing to the function of the pharmacy review committee.
Md. Code Ann., Health Occ. § 12-319 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 3
§ 12–319LinkCopy Citation
(a)
An action may be maintained in the name of this State or the Board to enjoin:
(1)
The unauthorized practice of pharmacy; or
(2)
Conduct that is a ground for disciplinary action under § 12-313 of this subtitle or § 12-6B-09 of this title.
(b)
An action may be brought by:
(1)
The Board, in its own name;
(2)
The Attorney General, in the name of the State; or
(3)
The State’s Attorney, in the name of the State.
(c)
An action under this section shall be brought in the county where the defendant resides or engages in the actions sought to be enjoined.
(d)
Proof of actual damages or that a person will sustain damage if an injunction is not granted is not required for an action under this section.
(e)
An action under this section is in addition to and not instead of criminal prosecution for unauthorized practice of pharmacy under § 12-701 of this title or disciplinary action under § 12-313 of this subtitle or § 12-6B-09 of this title.
Md. Code Ann., Health Occ. § 12-320 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 3
§ 12–320LinkCopy Citation
(a)
In investigating an allegation brought against a licensee, registered pharmacy intern, or registered pharmacy technician under this title, if the Board has reason to believe that a licensee, registered pharmacy intern, or registered pharmacy technician may cause harm to a person affected by the licensee’s practice, the acts of a registered pharmacy intern, or the acts of a registered pharmacy technician, the Board on its own initiative may direct the licensee, registered pharmacy intern, or registered pharmacy technician to submit to an appropriate examination by a health care provider designated by the Board.
(b)
In return for the privilege given to a licensee to practice pharmacy, a registered pharmacy intern to practice pharmacy under the direct supervision of a pharmacist, or a registered pharmacy technician to perform delegated pharmacy acts in the State, the licensee, registered pharmacy intern, or registered pharmacy technician is deemed to have:
(1)
Consented to submit to an examination under this section, if requested by the Board in writing; and
(2)
Waived any claim of privilege as to the testimony or examination reports of a health care provider.
(c)
The failure or refusal of a licensee, a registered pharmacy intern, or registered pharmacy technician to submit to an examination required under this section is prima facie evidence of the licensee’s inability to practice pharmacy competently, the registered pharmacy intern’s inability to practice pharmacy competently under the direct supervision of a pharmacist, or the registered pharmacy technician’s inability to perform delegated pharmacy acts, unless the Board finds that the failure or refusal was beyond the control of the licensee, registered pharmacy intern, or registered pharmacy technician.
(d)
The Board shall pay the cost of any examination made under this section.
Subtitle 4. Pharmacy Permits
Md. Code Ann., Health Occ. § 12-401 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 4. Pharmacy Permits
§ 12–401LinkCopy Citation
(a)
A person shall hold a pharmacy permit issued by the Board before the person may establish or operate a pharmacy in this State.
(b)
A separate pharmacy permit is required for each pharmacy that a person establishes or operates.
Md. Code Ann., Health Occ. § 12-401.1 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 4. Pharmacy Permits
§ 12–401.1LinkCopy Citation
(a)
A person shall hold a clinical research pharmacy permit issued by the Board before the person may establish or operate a clinical research pharmacy in the State.
(b)
A separate clinical research pharmacy permit is required for each clinical research pharmacy that a person establishes or operates.
(c)
The Board may issue a clinical research pharmacy permit to a pharmacy that:
(1)
Exclusively compounds, dispenses, or distributes prescription or nonprescription drugs as part of scientific research conducted under protocols established by an institutional review board that meet U.S. Food and Drug Administration guidelines;
(2)
Compounds, dispenses, or distributes pharmaceuticals solely incident to the research being conducted and consistent with related protocols;
(3)
Is not open to the general public for retail pharmaceutical services and is strictly limited to dispensing to participants in a clinical trial;
(4)
Complies with security and storage protocols established by United States Pharmacopeia and the Board; and
(5)
Satisfies any other requirement established by the Board in regulation.
(d)
(1)
The Board shall adopt regulations to carry out this section.
(2)
The regulations adopted by the Board shall include:
(i)
Required standards for the operation of a clinical research pharmacy;
(ii)
Application procedures;
(iii)
Standards for the suspension and revocation of a clinical research pharmacy permit; and
(iv)
Requirements related to the entry and inspection of clinical research pharmacies.
(e)
Except as otherwise provided in this title, an individual may not be required to obtain a license, certification, or other authorization to practice under this article to own or have an ownership interest in a clinical research pharmacy.
(f)
(1)
The ownership or possession of an ownership interest in a clinical research pharmacy by an individual who is not licensed, certified, or otherwise authorized to practice under this article may not be the sole basis for the Board to initiate a disciplinary action against the individual.
(2)
The applicable health occupations board may investigate an allegation that an individual employed by a clinical research pharmacy:
(i)
Is practicing a profession regulated by the health occupations board under this article without a license, certificate, or other authorization or with an unauthorized person; or
(ii)
Has violated a provision of this article under the jurisdiction of the health occupations board.
(g)
A health care provider with a substantial ownership interest in a clinical research pharmacy may not:
(1)
Serve as a clinical investigator for a scientific research protocol conducted by the clinical research pharmacy; or
(2)
Impede or impair a pharmacist’s ability to fully exercise the pharmacist’s professional judgment.
(h)
This section does not limit:
(1)
The right of an individual to practice a health occupation that the individual is authorized to practice under this article; or
(2)
The right of a person to establish or operate a pharmacy under other provisions of this title.
Md. Code Ann., Health Occ. § 12-402 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 4. Pharmacy Permits
§ 12–402LinkCopy Citation
To qualify for a pharmacy permit, an applicant shall satisfy the Board that the pharmacy for which the application is made will be operated in accordance with the standards specified in § 12-403 of this subtitle.
Md. Code Ann., Health Occ. § 12-403 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 4. Pharmacy Permits
§ 12–403LinkCopy Citation
(a)
This section does not apply to a licensed dentist who obtains a permit from the State Board of Dental Examiners under § 12–102(h) of this title.
(b)
This section does not require a nonresident pharmacy to violate the laws or regulations of the state in which it is located.
(c)
Except as otherwise provided in this section, a pharmacy for which a pharmacy permit has been issued under this title:
(1)
Shall be operated in compliance with the law and with the rules and regulations of the Board;
(2)
Shall be located and equipped so that the pharmacy may be operated without endangering the public health or safety;
(3)
Shall ensure that a licensed pharmacist be immediately available on the premises to provide pharmacy services at all times the pharmacy is in operation;
(4)
Shall be supervised by a licensed pharmacist who is responsible for the operations of the pharmacy at all times the pharmacy is in operation;
(5)
Shall provide complete pharmaceutical service by preparing and dispensing all prescriptions that reasonably may be expected of a pharmacist;
(6)
Shall provide services to the general public and may not restrict or limit its services to any group of individuals unless granted a waiver from this requirement by the Board;
(7)
May not offer pharmaceutical services under any term or condition that tends to interfere with or impair the free and complete exercise of professional pharmaceutical judgment or skill;
(8)
May not make any agreement that denies a patient a free choice of pharmacist or pharmacy services;
(9)
May not participate in any activity that is a ground for Board action against a licensed pharmacist under § 12–313 of this title, a registered pharmacy technician under § 12–6B–09 of this title, or a registered pharmacy intern under § 12–6D–11 of this title;
(10)
(i)
Shall maintain at all times a current reference library that is appropriate to meet the needs of:
(1)
The practice specialty of that pharmacy; and
(2)
The consumers the pharmacy serves; and
(ii)
Shall comply with any regulations adopted by the Board establishing the types of texts required to be included in the reference libraries in each of the various practice specialty pharmacies;
(11)
(i)
Shall maintain at all times the minimum professional and technical equipment and sanitary appliances that are necessary in a pharmacy:
(1)
To prepare and dispense prescriptions properly; and
(2)
To otherwise operate a pharmacy; and
(ii)
Shall:
(1)
Be equipped with the minimum equipment and appliances specified by the Board under this section; and
(2)
Be kept in a clean and orderly manner;
(12)
Shall store all prescription or nonprescription drugs or devices properly and safely subject to the rules and regulations adopted by the Board;
(13)
Shall:
(i)
Make and keep on file for at least 5 years a record of each prescription prepared or dispensed in the pharmacy;
(ii)
Disclose the records and files maintained of prescriptions for drugs or devices that identify or may be readily associated with the identity of a patient only in accordance with the provisions of Title 4, Subtitle 3 of the Health – General Article; and
(iii)
Keep additional records as required by the rules and regulations adopted by the Board;
(14)
Except as otherwise provided under federal law, shall establish and maintain mechanisms to ensure that all prescription drugs or devices used within institutions that provide acute, subacute, or long–term care, or within their related corporate subsidiaries, but stored outside a pharmacy, are stored properly and safely, subject to rules and regulations adopted by the Board and policies established by the institution;
(15)
Shall provide such personnel, automation, and technology as are necessary to allow the licensed pharmacist employee sufficient time to utilize the pharmacist’s knowledge and training and to perform competently the functions of a licensed pharmacist as required by law;
(16)
Shall provide such personnel, automation, and technology as are necessary to comply with the labeling requirements specified in § 12–505 of this title;
(17)
With regard to a prescription drug that is delivered in this State by the United States mail, a common carrier, or a delivery service and is not personally hand delivered directly to a patient or to the agent of the patient at the residence of the patient or at another location designated by the patient, shall:
(i)
Provide a general written notice in each shipment of a prescription drug that alerts a consumer that, under certain circumstances, a medication’s effectiveness may be affected by exposure to extremes of heat, cold, or humidity; and
(ii)
Provide a specific written notice in each shipment of a prescription drug that provides a consumer with a toll–free or local consumer access telephone number accessible during regular hours of operation, which is designed to respond to consumer questions pertaining to medications;
(18)
(i)
May maintain a record log of any prescription that is requested to be filled or refilled by a patient in accordance with the provisions of Title 4, Subtitle 3 of the Health – General Article;
(ii)
If the prescription record of a patient includes the patient’s Social Security number, shall keep the Social Security number confidential;
(iii)
May not list in the record log the type of illness, disability, or condition that is the basis of any dispensing or distribution of a drug by a pharmacist; and
(iv)
May not list a patient’s Social Security number, illness, disability, or condition, or the name and type of drug received in the record log if the log is available to other pharmacy customers;
(19)
May not allow an unauthorized individual to represent that the individual is a pharmacist, a registered pharmacy intern, or registered pharmacy technician;
(20)
Shall provide information regarding the process for resolving incorrectly filled prescriptions in accordance with existing regulations by:
(i)
Posting a sign that is conspicuously positioned and readable by consumers at the point where prescription drugs are dispensed to consumers; or
(ii)
Including written information regarding the process with each prescription dispensed;
(21)
Shall dispense or dispose of prescription drugs or medical supplies in accordance with Title 15, Subtitle 6 of the Health – General Article;
(22)
(i)
May provide to an ophthalmologist for office use, without a patient–specific prescription:
(1)
Compound antibiotics for the emergency treatment of bacterial endophthalmitis or viral retinitis; and
(2)
Compound antivascular endothelial growth factor agents for the emergency treatment of neovascular glaucoma, wet macular degeneration, or macular edema; and
(ii)
Shall require the ophthalmologist to inform the pharmacy of the identity of any patient to whom the drugs are administered; and
(23)
Subject to § 12–510 of this title, may provide compounded nonsterile preparations or compounded sterile preparations without a patient–specific prescription to a licensed veterinarian who intends to dispense the compounded nonsterile preparations or compounded sterile preparations in accordance with § 2–313(c) of the Agriculture Article.
(d)
(1)
The Board may waive any of the requirements of this section for a school of pharmacy located in the State, accredited by the Accreditation Council for Pharmacy Education (ACPE), for nuclear pharmacy and dental pharmacy experimental and teaching programs.
(2)
The Board may waive the requirements of subsection (c)(5) and (6) of this section for pharmacies that are engaged in pharmaceutical specialties which are recognized by the Board under rules and regulations adopted by the Board.
(3)
The Board may waive the requirements of subsection (c)(3) through (6) and (15) of this section for pharmacies that only dispense devices in accordance with rules and regulations adopted by the Board.
(4)
The Board shall waive the requirements of subsection (c)(20) of this section for a pharmacy owned and operated by a hospital, nursing facility, or clinic to which the public does not have access to purchase pharmaceuticals on a retail basis.
(e)
A nonresident pharmacy shall:
(1)
Hold a pharmacy permit issued by the Board; and
(2)
Have a pharmacist on staff who is:
(i)
Licensed by the Board; and
(ii)
Designated as the pharmacist responsible for providing pharmaceutical services to patients in the State.
(f)
(1)
In order to obtain a pharmacy permit from the Board, a nonresident pharmacy shall:
(i)
Submit an application to the Board on the form that the Board requires;
(ii)
Pay to the Board an application fee set by the Board;
(iii)
Submit a copy of the most recent inspection report resulting from an inspection conducted by the regulatory or licensing agency of the state in which the nonresident pharmacy is located;
(iv)
On the required permit application, identify the name and current address of an agent located in this State officially designated to accept service of process; and
(v)
If a nonresident pharmacy will dispense compounded sterile preparations to patients in the State, obtain and submit to the Board a report of an inspection that:
(1)
Demonstrates compliance with USP 797; and
(2)
Within 90 days before the date of application, is conducted by a Board designee or other entity approved by the Board.
(2)
A nonresident pharmacy shall report a change in the name or address of the resident agent in writing to the Board 30 days prior to the change.
(g)
Notwithstanding subsection (b) of this section, a nonresident pharmacy shall:
(1)
Comply with the requirements of subsection (c)(2), (7) through (12), and (19) of this section when:
(i)
Dispensing prescription drugs or prescription devices to a patient in this State; or
(ii)
Otherwise engaging in the practice of pharmacy in this State;
(2)
On an annual basis and within 30 days after a change of office, corporate officer, or pharmacist, disclose to the Board the location, names, and titles of all principal corporate officers and all pharmacists who are dispensing prescriptions for drugs or devices to persons in this State;
(3)
Comply with all lawful directions and requests for information from the regulatory or licensing agency of the state in which it is located and all requests for information made by the Board pursuant to this section;
(4)
Maintain at all times a valid, unexpired permit to conduct a pharmacy in compliance with the laws of the state in which it is located;
(5)
Maintain its records of prescription drugs or devices dispensed to patients in this State so that the records are readily retrievable;
(6)
During its regular hours of operation, but not less than 6 days a week, and for a minimum of 40 hours per week, provide toll–free telephone service to facilitate communication between patients in this State and a pharmacist or an individual who:
(i)
Has access to the patient’s prescription records; and
(ii)
Is required to refer patients in the State to the responsible pharmacist licensed in the State, as appropriate;
(7)
Disclose its toll–free telephone number on a label affixed to each container of drugs or devices;
(8)
Comply with the laws of this State relating to the confidentiality of prescription records if there are no laws relating to the confidentiality of prescription records in the state in which the nonresident pharmacy is located;
(9)
Comply with the requirements of subsection (c)(17) and (20) of this section; and
(10)
If dispensing compounded sterile preparations to patients in the State, comply with:
(i)
USP 797; and
(ii)
Regulations adopted by the Board governing the compounding of sterile preparations.
(h)
Subject to the hearing provisions of § 12–411 of this subtitle, if a pharmacy or a nonresident pharmacy is operated in violation of this section, the Board may suspend the applicable pharmacy permit until the pharmacy complies with this section.
(i)
The Board may waive the following requirements for nonresident pharmacies that only dispense devices in accordance with rules and regulations adopted by the Board:
(1)
Subsections (e)(2) and (g)(6)(ii) of this section; and
(2)
If not applicable, subsections (f)(1)(iii) and (g)(4) of this section.
Md. Code Ann., Health Occ. § 12-404 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 4. Pharmacy Permits
§ 12–404LinkCopy Citation
(a)
To apply for a pharmacy permit, an applicant shall:
(1)
Submit an application to the Board on the form that the Board requires; and
(2)
Pay to the Board an application fee set by the Board.
(b)
For each pharmacy permit for which a person applies, the person shall submit a separate application and pay a separate application fee.
Md. Code Ann., Health Occ. § 12-405 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 4. Pharmacy Permits
§ 12–405LinkCopy Citation
(a)
The Board shall issue a pharmacy permit to any applicant who meets the requirements of this title.
(b)
If the Board denies a pharmacy permit to an applicant, it shall give the applicant written notice of its decision and the reasons for the denial.
Md. Code Ann., Health Occ. § 12-406 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 4. Pharmacy Permits
§ 12–406LinkCopy Citation
(a)
A pharmacy permit authorizes the pharmacy permit holder to establish and operate the pharmacy while the pharmacy permit is effective.
(b)
(1)
Subject to paragraphs (2) and (3) of this subsection, a pharmacy permit holder may conduct wholesale distribution, if:
(i)
The wholesale distribution business does not exceed 5% of the pharmacy permit holder’s annual sales; and
(ii)
The pharmacy permit holder:
(1)
Maintains records of wholesale distribution separately from its other records; and
(2)
Makes the records of wholesale distribution available for inspection by the Board.
(2)
A pharmacy permit holder that obtains a waiver from the Board under § 12–403(d) of this subtitle may conduct wholesale distribution only with another pharmacy permit holder.
(3)
A retail pharmacy that holds a pharmacy permit may conduct wholesale distribution only with:
(i)
Another pharmacy permit holder; and
(ii)
A wholesale distributor if the retail pharmacy:
(1)
Reports to the Board that the retail pharmacy is conducting wholesale distribution with a wholesale distributor; and
(2)
(A)
Maintains records of wholesale distribution with wholesale distributors separately from its records of wholesale distribution with pharmacy permit holders; and
(B)
Makes the records of wholesale distribution available for inspection by the Board.
Md. Code Ann., Health Occ. § 12-407 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 4. Pharmacy Permits
§ 12–407LinkCopy Citation
(a)
A pharmacy permit expires on the May 31 after its effective date, unless the pharmacy permit is renewed for a 2–year term as provided in this section.
(b)
(1)
Except as provided in paragraph (2) of this subsection, on or before March 1 of the year the permit expires, the Board shall send to each pharmacy permit holder a renewal notice for each pharmacy permit by electronic means to the last known e–mail address of the pharmacy permit holder.
(2)
If requested by a pharmacy permit holder, the Board shall send to the pharmacy permit holder a renewal notice for each pharmacy permit by first–class mail to the last known address of the pharmacy permit holder.
(3)
If a renewal notice sent by electronic means under paragraph (1) of this subsection is returned to the Board as undeliverable, the Board shall send to the pharmacy permit holder a renewal notice for each pharmacy permit by first–class mail to the last known address of the pharmacy permit holder.
(4)
A renewal notice sent under this subsection shall state:
(i)
The date on which the current pharmacy permit expires;
(ii)
The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the pharmacy permit expires; and
(iii)
The amount of the renewal fee.
(c)
Before the pharmacy permit expires, the pharmacy permit holder periodically may renew it for an additional 2–year term, if the pharmacy permit holder:
(1)
Otherwise is entitled to the pharmacy permit;
(2)
Pays to the Board a renewal fee set by the Board; and
(3)
Submits a renewal application to the Board on the form that the Board provides.
(d)
The Board shall renew the pharmacy permit of each pharmacy permit holder who meets the requirements of this section.
(e)
If application for renewal is not made on or before May 1, the pharmacy permit shall expire on the last day of its term and the Board may not reinstate the pharmacy permit unless the applicant:
(1)
Provides reason, sufficient to the Board, for the failure to file within the time required; and
(2)
Pays, in addition to the renewal fee, a late fee set by the Board.
Md. Code Ann., Health Occ. § 12-408 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 4. Pharmacy Permits
§ 12–408LinkCopy Citation
(a)
A pharmacy permit is not transferable.
(b)
Each pharmacy permit shall be displayed conspicuously in the pharmacy for which it is issued.
Md. Code Ann., Health Occ. § 12-409 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 4. Pharmacy Permits
§ 12–409LinkCopy Citation
(a)
Subject to the hearing provisions of § 12–411 of this subtitle, the Board may suspend or revoke any pharmacy permit, if the pharmacy:
(1)
Is conducted so as to endanger the public health or safety;
(2)
Violates any of the standards specified in § 12–403 of this subtitle; or
(3)
Otherwise is not conducted in accordance with the law.
(b)
(1)
A nonresident pharmacy is subject to the disciplinary actions stated in this subtitle.
(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(e) through (h) of this subtitle.
Md. Code Ann., Health Occ. § 12-410 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 4. Pharmacy Permits
§ 12–410LinkCopy Citation
(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 $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.
Md. Code Ann., Health Occ. § 12-411 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 4. Pharmacy Permits
§ 12–411LinkCopy Citation
(a)
Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 12-409 of this subtitle or any action to suspend or revoke a pharmacy permit under any other section of this title, it shall give the person against whom the action is contemplated an opportunity for a hearing before the Board.
(b)
The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.
(c)
If after due notice the person against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.
Md. Code Ann., Health Occ. § 12-412 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 4. Pharmacy Permits
§ 12–412LinkCopy Citation
(a)
Any person whose application for a pharmacy permit has been denied or whose pharmacy permit has been suspended or revoked under this title may petition for judicial review as allowed by the Administrative Procedure Act.
(b)
If an appeal is taken under this section, the Board may stay its order of suspension or revocation pending the decision of the court.
Md. Code Ann., Health Occ. § 12-413 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 4. Pharmacy Permits
§ 12–413LinkCopy Citation
(a)
During business hours, the Secretary, the Board, or the agents of either may enter any permit holder’s pharmacy and inspect for compliance with federal and State laws and regulations:
(1)
Any drugs or devices, dentifrices, domestic remedies, and toilet articles that are in the pharmacy;
(2)
Any records or publications that are required to be kept by a pharmacy under this title; and
(3)
The facility.
(b)
At the direction of the Secretary, the Board, the Chief of the Office of Controlled Substances Administration, or their agents may enter a permit holder’s pharmacy at any time and investigate with law enforcement officers pursuant to a valid warrant.
(c)
A person may not hinder an inspection or an investigation conducted under this section.
Subtitle 5. Practice of Pharmacy and Operation of Pharmacies
Md. Code Ann., Health Occ. § 12-501 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 5. Practice of Pharmacy and Operation of Pharmacies
§ 12–501LinkCopy Citation
(a)
A pharmacist may refuse to dispense or refill a prescription if the decision is based on professional judgment, experience, knowledge, or available reference materials.
(b)
(1)
Except as provided in paragraph (2) of this subsection, if a pharmacist refuses to dispense or refill a prescription, the pharmacist shall, to the extent practicable, notify the authorized prescriber that the prescription or refill was refused within 72 hours after the refusal.
(2)
Paragraph (1) of this subsection does not apply if a pharmacist is unable to determine the name of the authorized prescriber.
Md. Code Ann., Health Occ. § 12-502 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 5. Practice of Pharmacy and Operation of Pharmacies
§ 12–502LinkCopy Citation
(a)
In the operation of a pharmacy, only a licensed pharmacist or an individual engaging in a professional experience program and acting under the direct supervision of a licensed pharmacist may provide information to the public or a health care practitioner concerning prescription or nonprescription drugs or devices including information as to their therapeutic values, potential side effects, and use in the treatment and prevention of diseases.
(b)
A licensed pharmacist shall give a patient who requests, in person or by telephone, the current price of a prescription drug or device that the pharmacy offers for sale to the public.
Md. Code Ann., Health Occ. § 12-503 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 5. Practice of Pharmacy and Operation of Pharmacies
§ 12–503LinkCopy Citation
(a)
An authorized prescriber who issues a prescription shall indicate on the prescription the date of its issuance.
(b)
Unless otherwise instructed by the authorized prescriber who issues the prescription, a pharmacist may not dispense any drug or device on a prescription presented more than 120 days after the date the prescription was issued.
Md. Code Ann., Health Occ. § 12-504 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 5. Practice of Pharmacy and Operation of Pharmacies
§ 12–504LinkCopy Citation
(a)
In this section, “brand name” means the proprietary name a manufacturer places on a drug or device product or its container.
(b)
(1)
Subject to the provisions of this subtitle, a pharmacist, or the pharmacist’s designee, who is under the direct supervision of the pharmacist, shall inform a retail consumer to the best of the pharmacist’s or the pharmacist’s designee’s knowledge of the availability of a generically equivalent drug, a therapeutically equivalent brand name drug that is the lowest–cost alternative to the originally prescribed generically equivalent drug, or an interchangeable biological product and shall inform a retail consumer of the approximate cost difference of the lowest–cost alternative as compared to the originally prescribed drug.
(2)
The Board shall adopt procedures for:
(i)
A consumer to notify the Board when a pharmacist fails to provide the information required under paragraph (1) of this subsection; and
(ii)
Advising a pharmacist to bring the pharmacist into compliance with the requirements of paragraph (1) of this subsection.
(3)
Paragraph (1) of this subsection does not apply:
(i)
When the authorized prescriber states expressly that the prescription is to be dispensed only as directed;
(ii)
To a pharmacist who works in a pharmacy, whether centralized or decentralized, which primarily serves public or private institutional recipients; or
(iii)
When the cost of the prescription is reimbursed by a third party payer, including medical assistance.
(c)
The Board shall maintain a link on its website to the current lists of biological products determined by the United States Food and Drug Administration to be interchangeable with a specific biological product.
(d)
(1)
A pharmacist may substitute a generically equivalent drug or device product, a therapeutically equivalent brand name drug or device product to the originally prescribed generically equivalent drug or device product, or an interchangeable biological product, of the same dosage form and strength, for the drug or device product originally prescribed, if:
(i)
The authorized prescriber does not state expressly that the prescription is to be dispensed only as directed;
(ii)
The substitution is:
(1)
Recognized in the United States Food and Drug Administration’s current list of approved drug or device products with therapeutic equivalence evaluations; or
(2)
An interchangeable biological product for the drug or device product originally prescribed; and
(iii)
The consumer is charged less for the substituted drug or device or interchangeable biological product than the price of the originally prescribed drug or device.
(2)
If a retail consumer is using prescription drug coverage for the prescription, the determination of whether the consumer would be charged less for the substituted drug or device or interchangeable biological product shall be based on the consumer’s prescription drug benefit and formulary, if that information is readily available.
(e)
If a drug or device product or an interchangeable biological product is substituted under this section, the pharmacist shall:
(1)
Notify the patient in writing, or maintain a record that indicates the patient has been notified in writing or orally, that the drug or device product or interchangeable biological product dispensed is a generic equivalent of, a brand name drug or device product that is therapeutically equivalent to, or is interchangeable with the originally prescribed drug or device product; and
(2)
Record on the prescription and keep a record of the name and manufacturer of the substituted drug or device product or interchangeable biological product.
(f)
The Department may list any additional drug or device products that are determined by the Department to meet requirements that are adequate to assure product quality and therapeutic equivalence, after an opportunity for public comment as provided in Title 10, Subtitle 1 of the State Government Article.
(g)
The Department may disqualify a drug or device product or an interchangeable biological product on the United States Food and Drug Administration’s current list from being used in Maryland as a substitute if the Department determines that the drug or device or interchangeable biological product is therapeutically nonequivalent or not interchangeable, respectively, or has a negative physical or biological effect on the consumer of that drug or device product or interchangeable biological product:
(1)
After providing an opportunity for public comment as provided in Title 10, Subtitle 1 of the State Government Article; or
(2)
Prior to providing an opportunity for public comment, if the Department believes that a particular generic drug or device product or interchangeable biological product constitutes an imminent danger to the public health, safety or welfare, and the Department:
(i)
Provides an opportunity for public comment as provided in Title 10, Subtitle 1 of the State Government Article within 30 days of disqualifying the drug or device product or interchangeable biological product; and
(ii)
After providing an opportunity for public comment, determines whether the drug or device product or interchangeable biological product should remain disqualified.
(h)
For a drug or device product or an interchangeable biological product that the Department has disqualified from being used in Maryland as a substitute under subsection (g) of this section, the Department shall provide an opportunity for public comment as provided in Title 10, Subtitle 1 of the State Government Article before reinstating the drug or device product or interchangeable biological product for use in Maryland as a substitute.
(i)
A pharmacist who substitutes a drug or device product or an interchangeable biological product in compliance with this section incurs no greater liability in filling the prescription by dispensing the equivalent drug or device product or interchangeable biological product than would be incurred in filling the prescription by dispensing the originally prescribed drug or device.
Md. Code Ann., Health Occ. § 12-504.1 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 5. Practice of Pharmacy and Operation of Pharmacies
§ 12–504.1LinkCopy Citation
(a)
Except as provided in subsection (d) of this section, within 5 business days after dispensing a biological product to a patient, the dispensing pharmacist or the pharmacist’s designee shall communicate the specific biological product dispensed, including the name and manufacturer of the biological product, to the prescriber.
(b)
Except as provided in subsection (c) of this section:
(1)
The communication required under subsection (a) of this section shall be provided by making an entry that is electronically accessible to the prescriber through:
(i)
An interoperable electronic medical records system;
(ii)
An electronic prescribing technology;
(iii)
A pharmacy benefits management system; or
(iv)
A pharmacy record; and
(2)
Making an entry through a mechanism listed in paragraph (1) of this subsection is presumed to provide the communication to the prescriber required under subsection (a) of this section.
(c)
If the mechanisms listed in subsection (b)(1) of this section are not available, the communication required under subsection (a) of this section may be provided by facsimile, telephone, electronic transmission, or other means.
(d)
The communication requirement under subsection (a) of this section does not apply if:
(1)
The United States Food and Drug Administration has not approved an interchangeable biological product for the biological product prescribed to the patient; or
(2)
A refill prescription is not changed from the biological product dispensed on the most recent filling of the prescription.
Md. Code Ann., Health Occ. § 12-505 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 5. Practice of Pharmacy and Operation of Pharmacies
§ 12–505LinkCopy Citation
(a)
Except for a drug or device dispensed to an inpatient in a hospital or related institution, each container of a drug or device dispensed shall be labeled in accordance with this section.
(b)
In addition to any other information required by law, the label shall include:
(1)
The date the prescription is filled; and
(2)
Unless otherwise required by the prescriber:
(i)
For drugs or devices dispensed in a container other than the manufacturer’s original packaging, an expiration date of the drugs or devices which shall be the lesser of:
(1)
1 year from the date of dispensing;
(2)
The month and year when the drugs or devices expire;
(3)
The appropriate expiration date for repackaged drugs or devices; or
(4)
A shorter period as determined by the pharmacist;
(ii)
For drugs or devices dispensed in the manufacturer’s original packaging, an expiration date of the drugs or devices which shall be:
(1)
The expiration date set by the manufacturer; or
(2)
A shorter period as determined by the pharmacist;
(iii)
Any appropriate special handling instructions regarding proper storage of the drugs or devices; and
(iv)
Subject to the provisions of subsection (c) of this section, the name and strength of the drugs or devices.
(c)
(1)
Except as provided in paragraph (2) of this subsection, the label shall indicate the same name for the drug or device as that used by the authorized prescriber.
(2)
If, under § 12–504 of this subtitle, the pharmacist substitutes a drug or device product for that named by the authorized prescriber, the label shall indicate both the name of the drug or device product and the name of the manufacturer or distributor of the drug or device dispensed.
(d)
(1)
Except as provided in this subsection, if an authorized prescriber dispenses a drug or device, the prescriber shall label each container of the drug or device.
(2)
In addition to any other information required by law, the authorized prescriber shall include on the label:
(i)
The name and strength of the drug or device;
(ii)
The date the prescription is dispensed;
(iii)
An expiration date of the drug or device which shall be the lesser of:
(1)
1 year from the date of dispensing;
(2)
The month and year when the drug or device expires; or
(3)
A shorter period as determined by the authorized prescriber; and
(iv)
Any appropriate special handling instructions regarding proper storage of the drug or device.
(3)
The labeling requirements of this subsection do not apply if the authorized prescriber dispenses the drug or device:
(i)
To an inpatient in a hospital or related institution;
(ii)
In an emergency situation; or
(iii)
As a sample drug or device dispensed in the regular course of the authorized prescriber’s practice.
(e)
So long as any of the original contents remain in the container, a person may not alter, deface, or remove any label required by this section.
Md. Code Ann., Health Occ. § 12-505.1 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 5. Practice of Pharmacy and Operation of Pharmacies
§ 12–505.1LinkCopy Citation
(a)
The Board shall adopt regulations necessary to ensure that an individual who is blind, visually impaired, or otherwise print disabled has appropriate access to prescription labels, bag tags, and medical guides:
(1)
At no additional cost to the individual;
(2)
In a format option through which the information is fully accessible to the individual; and
(3)
Within a time frame comparable to the time frame within which the information is provided to an individual who is not visually impaired.
(b)
In adopting regulations under subsection (a) of this section, the Board shall give visually impaired individuals an opportunity to provide input regarding the content of the regulations.
(c)
The regulations adopted under subsection (a) of this section shall:
(1)
Follow the guidelines and recommendations in the “Prescription Drug Labels: Actions Needed to Increase Awareness of Best Practices for Accessible Labels for Individuals Who are Blind or Visually Impaired” report that was issued by the U.S. Government Accountability Office in December 2016; and
(2)
Include a method for providing notice to customers that accessible prescription labels, bag tags, and medical guides are available, including notice regarding the availability of the prescription labels, bag tags, and medical guides in audio format.
Md. Code Ann., Health Occ. § 12-506 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 5. Practice of Pharmacy and Operation of Pharmacies
§ 12–506LinkCopy Citation
(a)
A pharmacist may refill a prescription for a drug or device for which the refill has not been authorized if:
(1)
The pharmacist:
(i)
Attempts to obtain an authorization from the authorized prescriber; and
(ii)
Is not able readily to obtain the authorization;
(2)
The refill of the prescription is not for a controlled dangerous substance;
(3)
The drug or device is essential to the maintenance of life;
(4)
(i)
The drug or device is essential to the continuation of therapy in chronic conditions; and
(ii)
In the pharmacist’s professional judgment, the interruption of the therapy reasonably might produce an undesirable health consequence, be detrimental to the patient’s welfare, or cause physical or mental discomfort;
(5)
The pharmacist:
(i)
Enters on the back of the prescription or on another appropriate uniformly maintained, readily retrievable record, such as a medication record, the date and the quantity of the drug or device dispensed; and
(ii)
Signs or initials the record; and
(6)
The pharmacist notifies the authorized prescriber of the refill of the prescription within 72 hours of dispensing the drug or device.
(b)
If a pharmacist refills a prescription under subsection (a) of this section, the pharmacist may provide only 1 refill of the prescription and the refill quantity dispensed shall be in conformity with the prescriber’s directions for use and may not exceed a 14-day supply or unit of use.
(c)
If the federal or a state government declares a state of emergency, a pharmacist working in Maryland may refill a prescription for a drug for which the refill has not been authorized if:
(1)
As a result of the emergency, the pharmacist is unable to obtain an authorization from the authorized prescriber;
(2)
The refill of the prescription is not for a controlled dangerous substance;
(3)
The quantity dispensed does not exceed a 30–day supply or unit of use; and
(4)
The pharmacist notifies the authorized prescriber of the refill of the prescription within 7 days of dispensing the drug.
Md. Code Ann., Health Occ. § 12-507 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 5. Practice of Pharmacy and Operation of Pharmacies
§ 12–507LinkCopy Citation
(a)
A pharmacist who provides prescription services to medical assistance recipients shall offer to discuss with each medical assistance recipient or caregiver who presents a prescription order for outpatient drugs any matter which, in the exercise of the pharmacist’s professional judgment, the pharmacist deems significant, which may include the following:
(1)
The name and description of the medication;
(2)
The route, dosage form, dosage, route of administration, and duration of drug therapy;
(3)
Special directions and precautions for preparation, administration, and use by the patient;
(4)
Common severe side or adverse effects or interactions and therapeutic contraindications that may be encountered, including their avoidance, and the action required if they occur;
(5)
Techniques for self-monitoring drug therapy;
(6)
Proper storage;
(7)
Prescription refill information; and
(8)
Action to be taken in the event of a missed dose.
(b)
The offer to discuss may be made in the manner determined by the professional judgment of the pharmacist, which shall include either:
(1)
A face-to-face communication with the pharmacist; or
(2)
At least 2 of the following:
(i)
A sign posted so it can be seen by patients;
(ii)
A notation affixed to or written on the bag in which the prescription is to be dispensed;
(iii)
A notation contained on the prescription container; or
(iv)
Communication by telephone.
(c)
Nothing in this section shall be construed as requiring a pharmacist to provide consultation if the medical assistance recipient or caregiver refuses the consultation.
(d)
A pharmacist must make a reasonable effort to obtain, record, and maintain, at the individual pharmacy, at least the following information regarding a medical assistance recipient:
(1)
Name, address, telephone number, date of birth or age, and gender;
(2)
Individual history when significant, including disease state or states, known allergies and drug reactions, and a comprehensive list of medications and relevant devices; and
(3)
Pharmacist comments relevant to the individual’s drug therapy which may be recorded either manually or electronically in the patient’s profile.
(e)
This section shall apply only to medical assistance recipients presenting prescriptions for covered outpatient drugs.
(f)
The requirements of this section do not apply to refill prescriptions.
(g)
The Secretary, after consultation with the Maryland Pharmacists Association and the Maryland Association of Chain Drug Stores, shall adopt regulations in accordance with pharmacy practices in Maryland to implement the provisions of this section.
Md. Code Ann., Health Occ. § 12-508 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 5. Practice of Pharmacy and Operation of Pharmacies
§ 12–508LinkCopy Citation
(a)
(1)
Subject to paragraph (4) of this subsection, a pharmacist may order a vaccination for or administer a vaccination to an individual who is at least 3 years old if:
(i)
The vaccine is:
(1)
An influenza vaccine;
(2)
A COVID–19 vaccine; or
(3)
Used in response to a public health emergency;
(ii)
The pharmacist has completed a practical training program of at least 20 hours that is approved by the Accreditation Council for Pharmacy Education and includes:
(1)
Hands–on injection techniques;
(2)
Clinical evaluation of indications and contraindications of vaccines; and
(3)
The recognition and treatment of emergency reactions to vaccines;
(iii)
The pharmacist has a current certificate in basic cardiopulmonary resuscitation;
(iv)
The pharmacist has completed a minimum of 2 hours of continuing pharmaceutical education related to immunizations that is approved by the Accreditation Council for Pharmacy Education as part of the license renewal requirements under § 12–309 of this title;
(v)
The pharmacist complies with the record–keeping and reporting requirements in paragraph (5) of this subsection and any corresponding regulations adopted by the Board; and
(vi)
If the vaccination is administered to an individual under the age of 18 years, or ordered for administration by an adult caregiver to an individual under the age of 18 years, the pharmacist informs the child vaccination patient and adult caregiver who is accompanying the child of the importance of well–child visits with a pediatric primary care provider and refers the patient to a pediatric primary care provider when appropriate.
(2)
Subject to paragraph (4) of this subsection, a pharmacist who has met the requirement of paragraph (1)(ii) through (vi) of this subsection may administer to an individual who is at least 7 years old a vaccination that is:
(i)
Recommended by the Centers for Disease Control and Prevention’s Advisory Committee on Immunization Practices;
(ii)
Approved or authorized by the U.S. Food and Drug Administration; or
(iii)
Recommended by the Secretary of Health in accordance with § 18–112 of the Health – General Article.
(3)
Subject to paragraph (4) of this subsection, a pharmacist who has met the requirement of paragraph (1)(ii), (iii), and (iv) of this subsection may administer to an adult a vaccination that is recommended in the Centers for Disease Control and Prevention’s Health Information for International Travel.
(4)
A pharmacist shall administer a vaccination under paragraph (1), (2), or (3) of this subsection under a written protocol that:
(i)
Is vaccine specific; and
(ii)
Meets criteria established by the Department, in consultation with the Board, the Board of Physicians, and the Board of Nursing, in regulation.
(5)
A pharmacist shall:
(i)
Report all vaccinations administered or ordered by the pharmacist to the ImmuNet Program established under § 18–109 of the Health – General Article;
(ii)
If the vaccination has been administered in accordance with a prescription, document at least one effort to inform the individual’s authorized prescriber that the vaccination has been administered; and
(iii)
Except for an influenza vaccination administered under paragraph (1) of this subsection, if the authorized prescriber is not the individual’s primary care provider or if the vaccination has not been administered in accordance with a prescription, document at least one effort to inform the individual’s primary care provider or other usual source of care that the vaccination has been administered.
(b)
The Board shall:
(1)
Set reasonable fees for the administration of vaccinations under this section; and
(2)
Adopt regulations that require a pharmacist to submit a registration form to the Board that includes verification that the pharmacist:
(i)
Has successfully completed a certification course approved by the Board; and
(ii)
Is certified in basic cardiopulmonary resuscitation and obtained the certification through in–person classroom instruction.
Md. Code Ann., Health Occ. § 12-509 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 5. Practice of Pharmacy and Operation of Pharmacies
§ 12–509LinkCopy Citation
(a)
In addition to the authority granted to a pharmacist under § 12–508 of this subtitle, a pharmacist, in accordance with regulations adopted by the Board, may administer:
(1)
A self–administered drug to a patient that is prescribed by an authorized prescriber; and
(2)
Subject to subsection (b) of this section, a maintenance injectable medication or an injectable medication for treatment of a sexually transmitted infection that is not a biological product to a patient:
(i)
That is prescribed by an authorized prescriber;
(ii)
In accordance with a standing order issued by an authorized public health official; or
(iii)
In accordance with a protocol under Subtitle 6A of this title.
(b)
A pharmacist may not administer an initial dose of a maintenance injectable medication product or an injectable medication for treatment of a sexually transmitted infection under subsection (a)(2) of this section unless the pharmacist receives written approval from the prescriber.
(c)
(1)
On or before September 1, 2021, the Board, in consultation with the State Board of Physicians and the State Board of Nursing, shall adopt regulations establishing standard procedures:
(i)
For notifying a patient about payment for services before the pharmacist administers a maintenance injectable medication or an injectable medication for treatment of a sexually transmitted infection;
(ii)
That a pharmacist must use to administer:
(1)
A maintenance injectable medication after an initial dose is administered by the prescriber; or
(2)
An injectable medication for treatment of a sexually transmitted infection;
(iii)
That a pharmacist must use to administer an initial dose of a maintenance injectable medication or an injectable medication for treatment of a sexually transmitted infection if the administration of the initial dose is authorized under subsection (b) of this section; and
(iv)
For communicating to the prescriber whether a medication was administered to a specific patient and relevant information about the patient’s condition.
(2)
The regulations shall require a pharmacist to:
(i)
Except as provided in paragraph (3) of this subsection, complete a training program approved by the Board for:
(1)
Administering maintenance injectable medications and injectable medications for treatment of a sexually transmitted infection; and
(2)
Managing the populations the pharmacist serves, the medications being administered, and the current guidelines relating to these populations and medications;
(ii)
Follow the standard procedures established by the Board; and
(iii)
After administering a maintenance injectable medication or an injectable medication for treatment of a sexually transmitted infection:
(1)
Notify the prescriber that the maintenance injectable medication or injectable medication for treatment of a sexually transmitted infection was administered and of any relevant details about the patient’s condition;
(2)
Provide the patient with a written record of the maintenance injectable medication or injectable medication for treatment of a sexually transmitted infection administered;
(3)
Record in any electronic or written health record on the patient maintained by the pharmacist:
(A)
The administering of the maintenance injectable medication or injectable medication for treatment of a sexually transmitted infection; and
(B)
Any pertinent details about the patient’s condition; and
(4)
Notify the patient of the need to attend any upcoming appointments the patient has scheduled with the prescriber.
(3)
The regulations shall waive the requirement to complete a training program for a pharmacist who already has undergone the training as part of the pharmacist’s formal educational program.
Md. Code Ann., Health Occ. § 12-510 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 5. Practice of Pharmacy and Operation of Pharmacies
§ 12–510LinkCopy Citation
(a)
Except as provided in subsection (b) of this section, a pharmacist may provide compounded nonsterile preparations or compounded sterile preparations without a patient–specific prescription to a licensed veterinarian who intends to dispense the compounded nonsterile preparations or compounded sterile preparations in accordance with § 2–313(c) of the Agriculture Article if the pharmacist:
(1)
Complies with USP 795 or USP 797, as applicable;
(2)
Labels the compounded nonsterile preparations or compounded sterile preparations with:
(i)
The name and strength of the compounded nonsterile preparations or compounded sterile preparations or a list of the active ingredients and the strength of the active ingredients in the compounded nonsterile preparations or compounded sterile preparations;
(ii)
An appropriate beyond–use date as determined by the pharmacist in accordance with USP–NF standards for pharmacy compounding;
(iii)
The quantity of compounded nonsterile preparations or compounded sterile preparations; and
(iv)
The name, address, and license number of the pharmacy; and
(3)
Complies with applicable federal law and regulations.
(b)
(1)
This subsection does not apply to dispensing compounded nonsterile preparations or compounded sterile preparations dispensed for a patient–specific prescription.
(2)
A pharmacy may not provide compounded nonsterile preparations or compounded sterile preparations compounded using bulk drug substances to a licensed veterinarian:
(i)
In an amount greater than 10% of the total amount of drug products sold or dispensed from the pharmacy; or
(ii)
If the compounded nonsterile preparations or compounded sterile preparations are copies or close approximations to products approved by the federal Food and Drug Administration.
(3)
For purposes of the limitation established in paragraph (2)(i) of this subsection:
(i)
The calculation shall be made on an annual basis and use the number of dosage units sold or dispensed; and
(ii)
For nonresident pharmacies, the total amount of drug products sold or dispensed shall be the pharmacy’s total business within the State.
Md. Code Ann., Health Occ. § 12-511 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 5. Practice of Pharmacy and Operation of Pharmacies
§ 12–511LinkCopy Citation
(a)
In this section, “contraceptives” means contraceptive medications and self–administered contraceptive devices approved by the U.S. Food and Drug Administration.
(b)
A pharmacist who meets the requirements of the regulations adopted under this section may prescribe and dispense contraceptives.
(c)
(1)
On or before September 1, 2018, the Board, in consultation with the State Board of Physicians, the State Board of Nursing, the Maryland Chapter of the American College of Obstetricians and Gynecologists, the Maryland Chapter of the American Academy of Pediatrics, the Maryland Pharmacists Association, the Maryland Affiliate of the American College of Nurse–Midwives, the Maryland Nurses Association, Planned Parenthood of Maryland, the Maryland Association of Chain Drug Stores, and other interested health professional associations and stakeholders, shall adopt final regulations establishing:
(i)
Standard procedures that a pharmacist must use to select the appropriate contraceptive to prescribe for a patient or to refer the patient to a primary care practitioner or reproductive health care practitioner for treatment; and
(ii)
The conditions under which a pharmacist may prescribe and dispense contraceptives.
(2)
The regulations shall require a pharmacist to:
(i)
Except as provided in paragraph (3) of this subsection, complete a training program approved by the Board for prescribing and dispensing contraceptives;
(ii)
Provide a self–screening risk assessment tool that a patient must use before a pharmacist may prescribe contraceptives for the patient;
(iii)
Follow the standard procedures established by the Board; and
(iv)
After prescribing and dispensing contraceptives for a patient:
(1)
Refer the patient for any additional care to:
(A)
The patient’s primary care practitioner or reproductive health care practitioner; or
(B)
If the patient does not have a primary care practitioner or reproductive health care practitioner, a family planning provider or a licensed clinician who provides reproductive health care services;
(2)
Provide the patient with:
(A)
A written record of the contraceptives dispensed; and
(B)
Written information about the importance of seeing the patient’s primary care practitioner or reproductive health care practitioner to obtain recommended tests and screenings;
(3)
Record the prescribing and dispensing of the contraceptives in any electronic health record maintained on the patient by the pharmacist; and
(4)
Provide the patient with a copy of the record of the encounter that includes the patient’s completed self–assessment tool and the contraceptive prescribed and dispensed or the basis for not prescribing and dispensing a contraceptive.
(3)
The regulations shall waive the requirement to complete a training program for a pharmacist who already has undergone the training as part of the pharmacist’s formal educational program.
(4)
The regulations shall prohibit a pharmacist from prescribing contraceptives before January 1, 2019.
Md. Code Ann., Health Occ. § 12-512 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 5. Practice of Pharmacy and Operation of Pharmacies
§ 12–512LinkCopy Citation
(a)
In this section, “authorized prescriber” has the meaning stated in § 12–101 of this title.
(b)
This section does not apply to:
(1)
A controlled dangerous substance as defined in § 5–101 of the Criminal Law Article; or
(2)
The first prescription or change in a prescription for a drug that an authorized prescriber prescribes for a patient.
(c)
Except as provided in subsection (d) of this section, a pharmacist may dispense, in a single dispensing and exercising the professional judgment of the pharmacist, a quantity of a prescription drug that:
(1)
Is up to the total number of dosage units authorized by the prescriber on the original prescription and any refills of the prescription;
(2)
Except for a contraceptive dispensed on or after January 1, 2020, does not exceed a 90–day supply of the prescription drug; and
(3)
For a contraceptive dispensed on or after January 1, 2020, does not exceed a 12–month supply of the prescription drug.
(d)
A pharmacist may not dispense, in a single dose, a quantity of a prescription drug that exceeds the limit prescribed by a prescriber when the prescriber has indicated that the prescription be dispensed only as prescribed.
Md. Code Ann., Health Occ. § 12-513 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 5. Practice of Pharmacy and Operation of Pharmacies
§ 12–513LinkCopy Citation
(a)
Before the closing of a pharmacy for more than 7 consecutive days, at least 14 days before the anticipated closing of the pharmacy, the owner of the pharmacy shall provide notice of the closing by:
(1)
Posting a notice:
(i)
That is conspicuously positioned in the pharmacy and readable by pharmacy customers; and
(ii)
If applicable, on the pharmacy’s website; and
(2)
Providing written and verbal notice to each customer who picks up a prescription or refill.
(b)
Each notice shall indicate:
(1)
The date of the anticipated closing of the pharmacy, if available;
(2)
The name of the pharmacy to which the closing pharmacy will transfer pharmacy customers’ prescriptions and records; and
(3)
That a pharmacy customer may request the closing pharmacy to send the pharmacy customer’s prescriptions and records to another pharmacy.
(c)
The Board shall adopt regulations to:
(1)
Define “closing of a pharmacy”; and
(2)
Provide exceptions to the requirements of this section.
Md. Code Ann., Health Occ. § 12-514 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 5. Practice of Pharmacy and Operation of Pharmacies
§ 12–514LinkCopy Citation
(a)
A pharmacist who meets the requirements of the regulations adopted under this section may prescribe and dispense nicotine replacement therapy medications.
(b)
(1)
On or before September 1, 2023, the Board shall adopt regulations establishing:
(i)
Standard procedures that a pharmacist shall use to:
(1)
Prescribe and dispense to a patient the appropriate nicotine replacement therapy medication; and
(2)
Refer the patient to a primary care practitioner for treatment; and
(ii)
The conditions under which a pharmacist may prescribe and dispense nicotine replacement therapy medication.
(2)
The regulations shall require a pharmacist to:
(i)
Except as provided in paragraph (3) of this subsection, complete a training program approved by the Board for prescribing and dispensing nicotine replacement therapy medication;
(ii)
Follow the standard procedures established by the Board; and
(iii)
After prescribing and dispensing to a patient nicotine replacement therapy medication:
(1)
Refer the patient for any additional care to the patient’s primary care practitioner;
(2)
Provide the patient with:
(A)
A written record of the nicotine replacement therapy medication dispensed; and
(B)
Information on the importance of the patient seeing the patient’s primary care practitioner; and
(3)
Record the prescribing and dispensing of the nicotine replacement therapy medication in any electronic health record maintained for the patient by the pharmacist.
(3)
The regulations shall waive the requirement to complete the training program under paragraph (2)(i) of this subsection for a pharmacist who already has undergone the training as part of the pharmacist’s formal educational program.
Subtitle 6. Board Regulation of Drugs, Medicines, and Other Products
Md. Code Ann., Health Occ. § 12-601 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6. Board Regulation of Drugs, Medicines, and Other Products
§ 12–601LinkCopy Citation
(a)
Subject to the hearing provisions of § 12–315 of this title, for a violation of this subtitle, Subtitle 6C of this title, or any regulation adopted under Subtitle 6C of this title, the Board may:
(1)
Deny a permit to an applicant;
(2)
Reprimand a permit holder;
(3)
Place a permit holder on probation; or
(4)
Suspend or revoke a permit.
(b)
A person aggrieved by a final action of the Board under this subtitle or Subtitle 6C of this title may appeal as provided under Title 10, Subtitle 2 of the State Government Article.
Md. Code Ann., Health Occ. § 12-603 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6. Board Regulation of Drugs, Medicines, and Other Products
§ 12–603LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Dialysis drugs and devices” means:
(i)
Dialysate and dialysis solutions;
(ii)
Dialyzers, delivery systems, and their accessory equipment necessary to administer these products;
(iii)
Heparin;
(iv)
Local anesthetics and any other drugs and devices approved by the Board under subsection (g) of this section;
(v)
Needles;
(vi)
Syringes; and
(vii)
Sterile sodium chloride and sterile potassium chloride.
(3)
“Home dialysis distribution permit” means a permit issued by the Board to distribute dialysis drugs and devices to the homes of dialysis patients.
(b)
(1)
Except as provided under this subsection, a person shall hold a home dialysis distribution permit issued by the Board before the person may distribute dialysis drugs and devices to the home of a dialysis patient.
(2)
A licensed pharmacist may distribute dialysis drugs and devices under this section without the home dialysis distribution permit otherwise required by this section.
(c)
To qualify for a home dialysis distribution permit, an applicant shall satisfy the Board that the applicant will distribute dialysis drugs and devices in compliance with subsection (h) of this section.
(d)
To apply for a home dialysis distribution permit, an applicant shall:
(1)
Submit an application to the Board on the form that the Board requires; and
(2)
Pay to the Board a fee set by the Board.
(e)
The Board shall issue a home dialysis distribution permit to any applicant who meets the requirements of this section.
(f)
A home dialysis distribution permit issued under this section authorizes the home dialysis distribution permit holder to distribute dialysis drugs and devices to the home of a dialysis patient while the home dialysis distribution permit is effective.
(g)
(1)
The Board may approve local anesthetics and other drugs and devices for distribution as dialysis drugs and devices under this section.
(2)
The Board may adopt rules and regulations to assure safe, proper, and uninterrupted distribution of dialysis drugs and devices, including rules and regulations as to:
(i)
Maintaining facilities that are adequate to assure proper security and control of dialysis drugs and devices;
(ii)
Keeping records;
(iii)
Labeling dialysis drugs and devices;
(iv)
Receipts and returns from patients for dialysis drugs and devices;
(v)
Reports to the Board; and
(vi)
Restrictions on specific dialysis drugs or devices, including limitations on the amounts that may be distributed.
(h)
A person authorized to distribute dialysis drugs and devices under this section may distribute only dialysis drugs and devices:
(1)
That the Board, after consultation with the State Commission on Kidney Disease, has approved as effective and safe for their intended use;
(2)
Under supervision of a person who the Board considers qualified to safeguard and protect the public health;
(3)
To an individual:
(i)
Who has irreversibly lost function of the individual’s kidneys and requires regular treatment; and
(ii)
Who has completed a full course of training in providing the individual’s own dialysis treatment given by:
(1)
A home dialysis training facility; or
(2)
An end stage renal disease clinic certified under Medicare; and
(4)
In compliance with the rules and regulations adopted by the Board under this section.
(i)
Subject to the Administrative Procedure Act, the Board may suspend or revoke the home dialysis distribution permit of any home dialysis distribution permit holder who fails to comply with subsection (h) of this section.
Md. Code Ann., Health Occ. § 12-604 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6. Board Regulation of Drugs, Medicines, and Other Products
§ 12–604LinkCopy Citation
(a)
The Secretary, the Board, or the agents of either, during business hours, may:
(1)
Enter any place where drugs, devices, diagnostics, cosmetics, dentifrices, domestic remedies, or toilet articles are manufactured, packaged, stocked, or offered for sale; and
(2)
Inspect the drugs, devices, diagnostics, cosmetics, dentifrices, domestic remedies, and toilet articles there.
(b)
(1)
A pharmacy in this State issued a permit by the Board and subject to inspection under subsection (a) of this section shall be inspected annually.
(2)
A nonresident pharmacy:
(i)
Is subject to inspection under subsection (a) of this section by the Secretary, the Board, or the agents of either; and
(ii)
On application for and renewal of a pharmacy permit in this State, shall submit a copy of the most recent inspection report resulting from an inspection conducted by the regulatory or licensing agency of the state in which the nonresident pharmacy is located.
(c)
A person may not hinder an inspection conducted under this section.
Md. Code Ann., Health Occ. § 12-605 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6. Board Regulation of Drugs, Medicines, and Other Products
§ 12–605LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Health care facility” means a related institution as defined in § 19–301 of the Health – General Article.
(3)
“Remote automated medication system” means an automated mechanical system that is located in a health care facility that does not have an on–site pharmacy and in which medication is stored in a manner that may be patient–specific.
(4)
“Starter dose” means a dose of medication removed from a remote automated medication system within the first 24 hours after it is ordered.
(b)
(1)
A pharmacist shall be responsible for the safe and efficient dispensing, repackaging, delivery, control, bar coding, transaction records, dispensation records, labeling, and accountability for all medications in a remote automated medication system located in a health care facility that does not have a pharmacy present on–site.
(2)
If a pharmacist is not physically present where the remote automated medication system is located in a health care facility, the pharmacist shall have access to the system by electronic and visual means in order to ensure the safe and efficient dispensing, repackaging, delivery, control, bar coding, transaction records, dispensation records, labeling, and accountability for all medications in the system.
(c)
If a health care facility uses a remote automated medication system, a pharmacist shall review for accuracy, completeness, and appropriateness all medication orders after being entered into the system.
(d)
(1)
If a remote automated medication system, the pharmacy permit holder that manages the system, and the health care facility where the system is located meet the requirements of this subsection:
(i)
A health care facility that uses a system does not need to have a pharmacist physically present to review the selection, packaging, or repackaging of medications by the system;
(ii)
If the starter dose is reviewed by a pharmacist within 24 hours of delivery from a system, a system may deliver a starter dose or a dose in response to an emergency without prior review by a pharmacist; and
(iii)
A system may allow simultaneous access to multiple drug strengths, dosage forms, or drug entities if contained within a patient–specific package.
(2)
A remote automated medication system shall at least:
(i)
Use bar code technology to ensure accuracy in loading and selection of medications in the system;
(ii)
Have electronic reporting capability regarding the identity of all persons with access to the system and regarding all medications removed from the system; and
(iii)
Before administration of a medication to a patient by an individual authorized to administer medication under this article, provide:
(1)
A picture of the medication if available; or
(2)
If a picture is not available, a written report that describes the medication.
(3)
The health care facility where the system is located shall have at least:
(i)
A pharmacist available for consultation 24 hours per day;
(ii)
Technical assistance regarding operation of the system available 24 hours per day; and
(iii)
A quality assurance program as described under subsection (e) of this section.
(4)
The pharmacy permit holder that manages a remote automated medication system shall provide a comprehensive training program to all persons with access to the system.
(e)
(1)
A pharmacist that operates a remote automated medication system, in consultation with the health care facility where the system is located, shall develop and implement a quality assurance program in accordance with regulations adopted by the Board.
(2)
The quality assurance program developed under this subsection shall include:
(i)
Policies and procedures at both the pharmacy where the system receives an order and the health care facility where the system administers the medication regarding operation of the system;
(ii)
Daily inspection of the integrity of the system;
(iii)
A plan for addressing medication errors;
(iv)
A plan for reviewing incidents regarding inappropriate use and access to the system;
(v)
Proper labeling procedures that comply with applicable State and federal laws;
(vi)
Policies and procedures for the safe handling and return of unused medications; and
(vii)
Any other requirements determined by the Board and set forth in regulations.
(f)
(1)
A pharmacist that operates a remote automated medication system shall limit access to the system to individuals authorized to access the system by requiring individual security codes for all functions.
(2)
A record shall be kept of each transaction containing user identification information.
(g)
(1)
A pharmacist who operates a remote automated medication system shall maintain maintenance logs and repair records for the system.
(2)
In a power outage or otherwise unforeseen situation, a pharmacist shall ensure that:
(i)
A back–up power source for the system is available by a connection with the health care facility’s generator; and
(ii)
Only a registered nurse or a licensed practical nurse has access to the medications contained within the system.
Subtitle 6A. Therapy Management Contracts
Md. Code Ann., Health Occ. § 12-6A-01 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6A. Therapy Management Contracts
§ 12–6A-01LinkCopy Citation
(a)
In this subtitle the following words have the meanings indicated.
(b)
“Authorized prescriber” means a licensed physician, licensed podiatrist, certified midwife licensed under Title 8, Subtitle 6D of this article, or certified advanced practice nurse with prescriptive authority under § 8–508 of this article.
(c)
“Group model health maintenance organization” has the meaning stated in § 19–713.6 of the Health – General Article.
(d)
“Health maintenance organization” has the meaning stated in § 19–701(g) of the Health – General Article.
(e)
(1)
“Institutional facility” means a facility other than a nursing home whose primary purpose is to provide a physical environment for patients to obtain inpatient or emergency care.
(2)
“Institutional facility” does not include an urgent care facility that is not part of a facility.
(f)
“Prescriber–pharmacist agreement” means an agreement between an authorized prescriber and a licensed pharmacist that is disease–state specific and specifies the protocols that may be used.
(g)
“Protocol” means a course of treatment predetermined by the authorized prescriber and licensed pharmacist according to generally accepted medical practice for the proper completion of a particular therapeutic or diagnostic intervention.
(h)
“Therapy management contract” means a voluntary arrangement that is:
(1)
Disease–state specific;
(2)
Agreed on by:
(i)
One licensed pharmacist and the licensed pharmacist’s designated alternate licensed pharmacists;
(ii)
One authorized prescriber and alternate designated authorized prescribers involved directly in patient care; and
(iii)
One patient receiving care from an authorized prescriber and a licensed pharmacist pursuant to a prescriber–pharmacist agreement and protocol under this subtitle; and
(3)
Related to treatment using drug therapy, laboratory tests, or medical devices, under defined conditions or limitations for the purpose of improving patient outcomes.
Md. Code Ann., Health Occ. § 12-6A-02 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6A. Therapy Management Contracts
§ 12–6A-02LinkCopy Citation
A therapy management contract is not required for the management of patients in an institutional facility or in a group model health maintenance organization.
Md. Code Ann., Health Occ. § 12-6A-03 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6A. Therapy Management Contracts
§ 12–6A-03LinkCopy Citation
(a)
An authorized prescriber and a licensed pharmacist who wish to enter into therapy management contracts shall have a prescriber–pharmacist agreement.
(b)
A licensed pharmacist who has entered into a prescriber–pharmacist agreement shall submit to the Board of Pharmacy a copy of the prescriber–pharmacist agreement and any subsequent modifications made to the prescriber–pharmacist agreement or the protocols specified in the prescriber–pharmacist agreement.
Md. Code Ann., Health Occ. § 12-6A-04 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6A. Therapy Management Contracts
§ 12–6A-04LinkCopy Citation
(a)
Subject to subsection (b) of this section, a pharmacist is authorized to enter into a prescriber–pharmacist agreement if the pharmacist:
(1)
Is a licensed pharmacist;
(2)
Has a Doctor of Pharmacy Degree or equivalent training as established in regulations adopted under this subtitle;
(3)
Is approved by the Board to enter into a prescriber–pharmacist agreement with an authorized prescriber in accordance with this subtitle; and
(4)
Meets the requirements that are established by regulations adopted under this subtitle.
(b)
A pharmacist may enter into a prescriber–pharmacist agreement that authorizes a pharmacist to treat an opioid use disorder using controlled dangerous substances drug therapy if the pharmacist:
(1)
Individually registers with the federal Drug Enforcement Agency;
(2)
Individually registers with the Office of Controlled Substances Administration;
(3)
Completes any applicable training required by federal or State laws; and
(4)
Follows a protocol that meets the requirements of § 12–6A–06 of this subtitle.
Md. Code Ann., Health Occ. § 12-6A-05 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6A. Therapy Management Contracts
§ 12–6A-05LinkCopy Citation
(a)
Subject to the regulations adopted under this subtitle, a licensed pharmacist may enter into a therapy management contract initiated by an authorized prescriber.
(b)
A licensed pharmacist may not employ or provide economic incentives to an authorized prescriber for the purpose of entering into a prescriber–pharmacist agreement or a therapy management contract.
Md. Code Ann., Health Occ. § 12-6A-06 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6A. Therapy Management Contracts
§ 12–6A-06LinkCopy Citation
(a)
A protocol under this subtitle:
(1)
May authorize:
(i)
For protocols by a licensed physician and licensed pharmacist, the initiation of drug therapy under written, disease–state specific protocols;
(ii)
The modification, continuation, and discontinuation of drug therapy under written, disease–state specific protocols;
(iii)
The ordering of laboratory tests; and
(iv)
Other patient care management measures related to monitoring or improving the outcomes of drug or device therapy; and
(2)
May not authorize acts that exceed the scope of practice of the parties to the therapy management contract.
(b)
A protocol shall prohibit the substitution of a chemically dissimilar drug product by the pharmacist for the product prescribed by the authorized prescriber, unless permitted in the therapy management contract.
(c)
A protocol that authorizes controlled dangerous substances drug therapy shall require the pharmacist to request relevant data from the Prescription Drug Monitoring Program before initiating or modifying a controlled dangerous substances drug therapy.
Md. Code Ann., Health Occ. § 12-6A-07 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6A. Therapy Management Contracts
§ 12–6A-07LinkCopy Citation
(a)
A therapy management contract shall apply only to conditions for which protocols have been agreed to by an authorized prescriber and a licensed pharmacist in accordance with the regulations adopted under this subtitle.
(b)
A therapy management contract shall include:
(1)
A statement that none of the parties involved in the therapy management contract have been coerced, given economic incentives, excluding normal reimbursement for services rendered, or involuntarily required to participate;
(2)
Notice to the patient indicating:
(i)
That the patient may terminate the therapy management contract at any time; and
(ii)
The procedure by which the patient may terminate the therapy management contract;
(3)
A procedure for periodic review by the authorized prescriber, of the drugs modified pursuant to the agreement or changed with the consent of the authorized prescriber; and
(4)
Reference to a protocol, which will be provided to the patient on request.
(c)
(1)
A therapy management contract may be entered into in writing or orally.
(2)
If a therapy management contract is entered into orally, the parties to the therapy management contract shall reduce the agreement to writing within 30 days after entering into the therapy management contract.
(3)
A therapy management contract may be in electronic form.
(d)
Any party to the therapy management contract may terminate the contract at any time.
(e)
The Board may assess a fee, as established in regulation, for approval of a pharmacist to enter into a prescriber–pharmacist agreement.
Md. Code Ann., Health Occ. § 12-6A-08 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6A. Therapy Management Contracts
§ 12–6A-08LinkCopy Citation
(a)
The authorized prescriber shall maintain complete patient records with respect to the therapy management contract.
(b)
The authorized prescriber’s patient record shall be fully updated in writing by the licensed pharmacist in a timely manner, as provided in the prescriber–pharmacist agreement.
Md. Code Ann., Health Occ. § 12-6A-09 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6A. Therapy Management Contracts
§ 12–6A-09LinkCopy Citation
Nothing in this subtitle supersedes the provisions of § 5–902 of the Criminal Law Article.
Md. Code Ann., Health Occ. § 12-6A-10 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6A. Therapy Management Contracts
§ 12–6A-10LinkCopy Citation
(a)
Subject to subsection (b) of this section, the Board, together with the Board of Physicians and in consultation with the Board of Podiatric Medical Examiners and the Board of Nursing, shall jointly develop and adopt regulations to implement the provisions of this subtitle.
(b)
The regulations adopted under subsection (a) of this section:
(1)
Shall include provisions that:
(i)
Define the criteria for prescriber–pharmacist agreements; and
(ii)
Establish guidelines concerning the use of protocols, including communication, documentation, and other relevant factors; and
(2)
May not require a health occupations board to approve a prescriber–pharmacist agreement or the protocols specified in a prescriber–pharmacist agreement.
Subtitle 6B. Registered Pharmacy Technicians
Md. Code Ann., Health Occ. § 12-6B-01 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6B. Registered Pharmacy Technicians
§ 12–6B-01LinkCopy Citation
(a)
Except as otherwise provided in this title or §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual shall be registered and approved by the Board as a pharmacy technician before the individual may perform delegated pharmacy acts.
(b)
This section does not apply to:
(1)
A pharmacy technician trainee under the direct supervision of a licensed pharmacist provided that the individual does not perform delegated pharmacy acts for more than 6 months; or
(2)
A pharmacy student who:
(i)
Is currently completing the first year of a professional pharmacy education program; and
(ii)
Under the direct supervision of a licensed pharmacist, performs delegated pharmacy acts in accordance with regulations adopted by the Board.
Md. Code Ann., Health Occ. § 12-6B-02 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6B. Registered Pharmacy Technicians
§ 12–6B-02LinkCopy Citation
(a)
To qualify for registration an applicant shall be an individual who:
(1)
Is currently certified by a national pharmacy technician certification program and complies with subsection (b)(6) of this section; or
(2)
Meets the requirements of this section.
(b)
The applicant shall:
(1)
Be of good moral character;
(2)
Be at least 17 years old;
(3)
(i)
(1)
Be a high school graduate or have attained a high school equivalency; or
(2)
Be enrolled and in good standing at a high school; or
(ii)
Meet the requirements in subsection (d) of this section;
(4)
Have successfully passed an examination approved by the Board;
(5)
Complete a pharmacy technician training program approved by the Board that:
(i)
Includes 160 hours of work experience; and
(ii)
Is no longer than 6 months’ duration; and
(6)
Submit a request for a State criminal history records check.
(c)
The Board may not approve an application until the State criminal history records check is completed.
(d)
If an applicant does not meet the requirements of subsection (b)(3) through (5) of this section, the applicant qualifies for registration if:
(1)
The applicant has worked in the pharmacy area of a pharmacy operated by the same pharmacy permit holder since January 1, 2006;
(2)
The pharmacy permit holder for whom the applicant works attests in writing that the applicant has worked in the pharmacy area operated by the pharmacy permit holder continuously since January 1, 2006;
(3)
A pharmacist who has supervised the applicant for at least 6 months attests in writing that the individual has performed competently; and
(4)
The applicant otherwise meets the requirements of subsection (b) of this section.
(e)
An individual, at least 16 years and 6 months old, may begin fulfilling the pharmacy technician registration requirements under this subtitle.
(f)
(1)
Subject to the provisions of this subsection, the Board may waive any requirement of this subtitle for an individual who is registered as or has worked as a pharmacy technician in another state.
(2)
The Board may grant a waiver under this subsection only if the applicant:
(i)
Pays the application fee required under § 12-6B-03 of this subtitle; and
(ii)
(1)
Provides sufficient evidence that the applicant was registered in a state with registration or licensing requirements that are substantially similar to the registration requirements of this subtitle; or
(2)
Has worked as a pharmacy technician in another state and satisfies any additional requirements established by the Board in regulation.
Md. Code Ann., Health Occ. § 12-6B-02.1 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6B. Registered Pharmacy Technicians
§ 12–6B-02.1LinkCopy Citation
(a)
In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
(b)
An applicant shall apply to the Central Repository for a State and national criminal history records check.
(c)
As part of the application for a criminal history records check, an applicant shall complete and submit to the Central Repository:
(1)
A complete set of legible fingerprints taken in a format approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;
(2)
The fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and
(3)
The mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
(d)
In accordance with §§ 10–201 through 10–229 of the Criminal Procedure Article, the Central Repository shall forward to the Board and the individual the individual’s criminal history record information.
(e)
Information obtained from the Central Repository under this section:
(1)
Is confidential;
(2)
May not be redisseminated; and
(3)
May be used only for the licensing purpose authorized by this title.
(f)
The subject of a criminal history records check under this section may contest the contents of the criminal history record information issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.
(g)
If criminal history record information is reported to the Central Repository after the date of the initial criminal history records check, the Central Repository shall provide to the Board and the individual revised criminal history record information for the individual.
Md. Code Ann., Health Occ. § 12-6B-03 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6B. Registered Pharmacy Technicians
§ 12–6B-03LinkCopy Citation
(a)
An applicant for registration shall:
(1)
Submit an application to the Board on the form that the Board requires;
(2)
Unless otherwise qualified under § 12-6B-02(a) or (d) of this subtitle, provide documentation of the completion of a pharmacy technician training program under § 12-6B-02(b)(5) of this subtitle;
(3)
Unless otherwise qualified under § 12-6B-02(a) or (d) of this subtitle, provide documentation of having successfully completed an examination approved by the Board;
(4)
Submit to a request for a State criminal history records check; and
(5)
Pay the application fees set by the Board.
(b)
The application shall be signed by the applicant.
Md. Code Ann., Health Occ. § 12-6B-04 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6B. Registered Pharmacy Technicians
§ 12–6B-04LinkCopy Citation
(a)
The Board shall register as a pharmacy technician any applicant who meets the requirements of this subtitle.
(b)
(1)
The Board may set reasonable fees for the issuance and renewal of registrations and other services.
(2)
The fees charged shall be set so as to approximate the cost of registering pharmacy technicians.
Md. Code Ann., Health Occ. § 12-6B-05 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6B. Registered Pharmacy Technicians
§ 12–6B-05LinkCopy Citation
(a)
A registered pharmacy technician shall notify the Board of each plea of guilty for, conviction of, or entry of a plea of nolo contendere for a felony or a crime involving moral turpitude, regardless of whether:
(1)
An adjudication of guilt or sentencing or imposition of sentence is withheld; or
(2)
Any appeal or other proceeding is pending regarding the matter.
(b)
The registered pharmacy technician shall notify the Board within 7 days of the conviction or entry of the plea.
Md. Code Ann., Health Occ. § 12-6B-06 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6B. Registered Pharmacy Technicians
§ 12–6B-06LinkCopy Citation
(a)
Registration authorizes a registered pharmacy technician to perform delegated pharmacy acts as defined in § 12–101 of this title while the registration is effective.
(b)
A registered pharmacy technician or a pharmacy technician trainee may not:
(1)
Act within the parameters of a therapy management contract as provided under Subtitle 6A of this title;
(2)
Make decisions that require the professional judgment of a pharmacist;
(3)
Delegate a pharmacy act that was delegated to the registered pharmacy technician or individual engaging in a Board approved technician training program; or
(4)
Perform other functions prohibited by regulations adopted by the Board.
(c)
(1)
A registered pharmacy technician may administer, in accordance with § 12–508 of this title:
(i)
An influenza, COVID–19, or pneumonia vaccination to an individual at least 18 years old; and
(ii)
A respiratory syncytial virus or shingles vaccination to an individual at least 50 years old.
(2)
Except as provided in paragraph (1) of this subsection, a registered pharmacy technician may not administer a vaccination in accordance with § 12–508 of this title.
(d)
A pharmacy technician trainee may not administer a vaccination in accordance with § 12–508 of this title.
Md. Code Ann., Health Occ. § 12-6B-07 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6B. Registered Pharmacy Technicians
§ 12–6B-07LinkCopy Citation
(a)
(1)
Unless the registration is renewed for an additional term as provided in this section, registration expires on the date set by the Board.
(2)
The ability of a registered pharmacy technician to function as a pharmacy technician terminates on the date of expiration of the pharmacy technician’s registration unless renewed.
(3)
Registration may not be renewed for a term longer than 2 years.
(b)
(1)
Except as provided in paragraph (2) of this subsection, the Board shall send to each registered pharmacy technician, at least 1 month before a registration expires, a renewal notice by electronic means to the last known e–mail address of the registered pharmacy technician.
(2)
If requested by a registered pharmacy technician, the Board shall send to the registered pharmacy technician a renewal notice by first–class mail to the last known address of the registered pharmacy technician.
(3)
If a renewal notice sent by electronic means under paragraph (1) of this subsection is returned to the Board as undeliverable, the Board shall send the registered pharmacy technician a renewal notice by first–class mail to the last known address of the registered pharmacy technician.
(4)
A renewal notice sent under this subsection shall state:
(i)
The date on which the current registration expires;
(ii)
The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the registration expires; and
(iii)
The amount of the renewal fee.
(c)
A registered pharmacy technician periodically may renew a pharmacy technician’s registration for an additional 2–year term, if the registered pharmacy technician:
(1)
Otherwise is entitled to be registered as a pharmacy technician;
(2)
Submits to the Board a renewal application on the form that the Board requires;
(3)
Meets the continuing education requirements set by the Board under this section; and
(4)
Pays to the Board a renewal fee set by the Board.
(d)
In addition to any other qualifications and requirements established by the Board, the Board shall establish continuing education requirements as a condition to the renewal of registrations under this section.
(e)
The Board shall renew the registration of each pharmacy technician who meets the requirements of this section.
(f)
(1)
Except as provided in paragraph (2) of this subsection, the registration of a pharmacy technician who qualified for registration under § 12–6B–02(d) of this subtitle permanently expires on the date the registered pharmacy technician’s employment terminates with the pharmacy permit holder that made the attestation required under § 12–6B–02(d) of this subtitle.
(2)
Paragraph (1) of this subsection does not apply to the registration of a pharmacy technician who:
(i)
At the time of termination, notifies the Board of the termination date;
(ii)
Resumes working as a pharmacy technician within 1 year of the termination date; and
(iii)
Notifies the Board of the date the registered pharmacy technician begins employment after the termination date.
Md. Code Ann., Health Occ. § 12-6B-08 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6B. Registered Pharmacy Technicians
§ 12–6B-08LinkCopy Citation
(a)
Each registered pharmacy technician shall:
(1)
Display the pharmacy technician’s registration in the office or place of business in which the pharmacy technician is working; or
(2)
Have the registration on the pharmacy technician’s person available for viewing.
(b)
When performing delegated pharmacy acts, the registered pharmacy technician shall wear identification that conspicuously identifies the registered pharmacy technician as a registered pharmacy technician.
Md. Code Ann., Health Occ. § 12-6B-09 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6B. Registered Pharmacy Technicians
§ 12–6B-09LinkCopy Citation
Subject to the hearing provision of § 12–315 of this title, the Board may deny a pharmacy technician’s registration to any applicant, reprimand a registered pharmacy technician, place any pharmacy technician’s registration on probation, or suspend or revoke a pharmacy technician’s registration if the applicant or pharmacy technician registrant:
(1)
Performs an act that is restricted to a licensed pharmacist;
(2)
Fraudulently or deceptively obtains or attempts to obtain a pharmacy technician’s registration for the applicant or assists or attempts to assist another in fraudulently or deceptively obtaining a pharmacy technician’s registration;
(3)
Fraudulently uses a pharmacy technician’s registration;
(4)
Knowingly aids an unauthorized individual to practice pharmacy or to represent that the individual is a licensed pharmacist or registered pharmacy technician;
(5)
Performs delegated pharmacy acts while:
(i)
Under the influence of alcohol; or
(ii)
Using any narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic amounts or without valid medical indication;
(6)
Submits a false statement to collect a fee;
(7)
Willfully makes or files a false report or record as part of the registered pharmacy technician’s duties or employment;
(8)
Willfully fails to file or record any report that is required by law;
(9)
Willfully impedes or obstructs the filing or recording of any report that is required by law;
(10)
Willfully induces another to fail to file or record any report that is required by law;
(11)
Provides or causes to be provided to any authorized prescriber prescription forms that bear the name, address, or other means of identification of a pharmacist or pharmacy;
(12)
Provides remuneration to an authorized prescriber for referring an individual to a licensed pharmacist, registered pharmacy technician, or pharmacy for a product or service to be provided by that licensed pharmacist, registered pharmacy technician, or pharmacy;
(13)
Agrees with an authorized prescriber or pharmacist to prepare or dispense a secret formula prescription;
(14)
Except as to an association that has remained in continuous existence since July 1, 1963, associates as a partner, co–owner, or employee of a pharmacy that is owned wholly or substantially by an authorized prescriber or group of authorized prescribers;
(15)
Knowingly aids a pharmacist in dispensing any drug, device, or diagnostic for which a prescription is required without a written, oral, or electronically transmitted prescription from an authorized prescriber;
(16)
Unless an authorized prescriber authorizes the refill, refills a prescription for any drug, device, or diagnostic for which a prescription is required;
(17)
Violates any labeling requirements in this title;
(18)
Violates any provision of § 12–603 of this title, which concerns the home dialysis distribution program;
(19)
Advertises or otherwise publicly claims to dispense prescriptions in a superior manner;
(20)
Advertises in a manner that tends to deceive or defraud the public;
(21)
Is physically or mentally incompetent;
(22)
Pleaded guilty or nolo contendere to, or has been found guilty of, a felony or a crime involving moral turpitude, regardless of whether:
(i)
An adjudication of guilt or sentencing or imposition of sentence is withheld; or
(ii)
Any appeal or other proceeding is pending regarding the matter;
(23)
Violates any provision of this title;
(24)
Is disciplined by a licensing, registering, or disciplinary authority of any state or country or convicted or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under the Board’s disciplinary statutes;
(25)
Violates any regulation adopted by the Board;
(26)
Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the registered pharmacy technician is registered and qualified to render because the individual is HIV positive;
(27)
Participates in any activity that is grounds for Board action under § 12–313 or § 12–409 of this title;
(28)
Provides or causes to be provided confidential patient information to any person without first having obtained the patient’s consent, as required by § 12–403(c)(13) of this title and by Title 4, Subtitle 3 of the Health – General Article;
(29)
Fails to cooperate with a lawful investigation conducted by the Board or the Office of Controlled Substances Administration;
(30)
Performs delegated pharmacy acts in an incompetent manner; or
(31)
Performs delegated pharmacy acts that are inappropriate based on the registered pharmacy technician’s education, training, and experience.
Md. Code Ann., Health Occ. § 12-6B-10 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6B. Registered Pharmacy Technicians
§ 12–6B-10LinkCopy Citation
(a)
If after a hearing under § 12-315 of this title, the Board finds that there is a ground under § 12-6B-09 of this subtitle to reprimand a registered pharmacy technician, place a pharmacy technician’s registration on probation, or suspend or revoke a pharmacy technician’s registration, the Board may impose a penalty not exceeding $2,500:
(1)
Instead of reprimanding the registered pharmacy technician, placing the registered pharmacy technician on probation, or suspending or revoking the pharmacy technician’s registration; or
(2)
In addition to reprimanding the registered pharmacy technician, placing the registered pharmacy technician on probation, or suspending or revoking the pharmacy technician’s registration.
(b)
The Board shall adopt 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.
Md. Code Ann., Health Occ. § 12-6B-11 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6B. Registered Pharmacy Technicians
§ 12–6B-11LinkCopy Citation
(a)
Unless the Board agrees to accept the surrender of a pharmacy technician’s registration, a registered pharmacy technician may not surrender the pharmacy technician’s registration nor may the pharmacy technician’s registration lapse by operation of law while the registered pharmacy technician is under investigation or while charges are pending against the registered pharmacy technician.
(b)
The Board may set conditions on its agreement with the registered pharmacy technician under investigation or against whom charges are pending to accept the surrender of the pharmacy technician’s registration.
Md. Code Ann., Health Occ. § 12-6B-12 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6B. Registered Pharmacy Technicians
§ 12–6B-12LinkCopy Citation
Except as otherwise provided in this title, an individual may not work, attempt to work, or offer to work as a registered pharmacy technician in this State unless registered with the Board.
Md. Code Ann., Health Occ. § 12-6B-13 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6B. Registered Pharmacy Technicians
§ 12–6B-13LinkCopy Citation
(a)
An individual may not obtain a pharmacy technician’s registration by making a false representation.
(b)
On conviction of an individual for making a false representation to the Board in order to register as a pharmacy technician, the pharmacy technician’s registration is void.
Md. Code Ann., Health Occ. § 12-6B-14 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6B. Registered Pharmacy Technicians
§ 12–6B-14LinkCopy Citation
(a)
Except as otherwise provided in this subtitle, an individual may not represent to the public by title, by description of services, methods, or procedures, or otherwise, that the individual is registered to work as a registered pharmacy technician unless registered in accordance with this subtitle.
(b)
Except as otherwise provided in this subtitle, an individual may not use the terms “registered pharmacy technician” or “pharmacy technician” with the intent to represent that the individual is authorized to work as a registered pharmacy technician unless registered as a pharmacy technician under this subtitle.
Subtitle 6C. Wholesale Distributor Permitting and Prescription Drug Integrity Act
Md. Code Ann., Health Occ. § 12-6C-01 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6C. Wholesale Distributor Permitting and Prescription Drug Integrity Act
§ 12–6C-01LinkCopy Citation
(a)
In this subtitle the following words have the meanings indicated.
(b)
“Authenticate” means to affirmatively verify, before any wholesale distribution of a prescription drug occurs, that each transaction listed on the pedigree for the prescription drug has occurred.
(c)
“Authorized distributor of record” means a wholesale distributor with whom a manufacturer has established an ongoing relationship to distribute the manufacturer’s prescription drug.
(d)
“Co–licensed partner” means a person in a relationship in which two or more persons have the right to engage in the manufacturing or marketing of a prescription drug, consistent with the U.S. Food and Drug Administration’s implementation of the federal Prescription Drug Marketing Act.
(e)
“Co–licensed product” means a product of co–licensed partners.
(f)
“Designated representative” means an individual who:
(1)
Is designated by a wholesale distributor;
(2)
Serves as the primary contact of the wholesale distributor with the Board; and
(3)
Is actively involved in and aware of the daily operation of the wholesale distributor.
(g)
“Drop shipment” means the sale of a prescription drug:
(1)
To a wholesale distributor by:
(i)
The manufacturer of the prescription drug; or
(ii)
The manufacturer’s co–licensed partner, third party logistics provider, or manufacturer’s exclusive distributor; and
(2)
Through which:
(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.
(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, other than a transaction or transfer of prescription drugs from a pharmacy to a wholesale distributor; 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.
(k)
“Manufacturer’s exclusive distributor” means a person who:
(1)
Contracts with a manufacturer to provide or coordinate warehousing, distribution, or other services on behalf of the manufacturer; and
(2)
Takes title to the manufacturer’s prescription drug, but does not have general responsibility to direct the sale or disposition of the manufacturer’s prescription drug.
(l)
“Normal distribution channel” means a chain of custody for a prescription drug that, directly or by drop shipment, goes:
(1)
From:
(i)
A manufacturer of the prescription drug; or
(ii)
The manufacturer’s co–licensed partner, third party logistics provider, or manufacturer’s exclusive distributor; and
(2)
To:
(i)
A pharmacy or other designated person authorized by law to dispense or administer the prescription drug to a patient;
(ii)
A wholesale distributor to a pharmacy or other designated person authorized by law to dispense or administer the prescription drug to a patient;
(iii)
A wholesale distributor to a pharmacy warehouse to the pharmacy warehouse’s intracompany pharmacy or other designated person authorized by law to dispense or administer the prescription drug to a patient;
(iv)
A pharmacy warehouse to the pharmacy warehouse’s intracompany pharmacy or other designated person authorized by law to dispense or administer the prescription drug to a patient; or
(v)
An authorized distributor of record to another authorized distributor of record solely for distribution to an office–based health care practitioner authorized by law to dispense or administer the prescription drug to a patient.
(m)
“Ongoing relationship” means a relationship that exists between a wholesale distributor, including any affiliated group of the wholesale distributor, as defined in § 1504 of the Internal Revenue Code, and a manufacturer when the wholesale distributor:
(1)
Has a written agreement currently in effect with the manufacturer evidencing the ongoing relationship; and
(2)
Is listed on the manufacturer’s current list of authorized distributors of record.
(n)
“Pedigree” means a document or electronic file containing information that records each wholesale distribution of a prescription drug.
(o)
“Pharmacy warehouse” means a physical location for storage of prescription drugs that:
(1)
Serves as a central warehouse; and
(2)
Performs intracompany sales or transfers of the prescription drugs to a group of pharmacies that are under common ownership and control with the pharmacy warehouse.
(p)
“Prescription device” means any device required by federal law or regulation to be dispensed only by a prescription.
(q)
(1)
“Prescription drug” means any drug required by federal law or regulation to be dispensed only by a prescription.
(2)
“Prescription drug” includes:
(i)
A biological product; and
(ii)
Finished dosage forms and bulk drug substances subject to § 503(b) of the Federal Food, Drug, and Cosmetic Act.
(3)
“Prescription drug” does not include blood and blood components intended for transfusion or biological products that are also medical devices.
(r)
(1)
“Repackage” means to repackage or otherwise change the container, wrapper, or labeling of a prescription drug to further the distribution of the prescription drug.
(2)
“Repackage” does not include changes to a container, wrapper, or labeling of a prescription drug completed by the pharmacist responsible for dispensing the prescription drug to a patient.
(s)
“Repackager” means a person who repackages prescription drugs.
(t)
“Third party logistics provider” means a person who:
(1)
Contracts with a manufacturer to provide or coordinate warehousing, distribution, or other services on behalf of the manufacturer; but
(2)
Does not take title to the prescription drug or have general responsibility to direct the prescription drug’s sale or disposition.
(u)
(1)
“Wholesale distribution” means the distribution of prescription drugs or prescription devices to persons other than a consumer or patient.
(2)
“Wholesale distribution” does not include:
(i)
Intracompany sales;
(ii)
The sale, purchase, distribution, trade, or transfer of a prescription drug or an offer to sell, purchase, distribute, trade, or transfer a prescription drug for emergency medical reasons;
(iii)
The sale, purchase, distribution, trade, or transfer of a prescription drug or prescription device by the Department for public health purposes;
(iv)
The distribution of samples of a prescription drug by a manufacturer’s representative;
(v)
Prescription drug returns conducted by a hospital, health care entity, or charitable institution in accordance with 21 C.F.R. § 203.23;
(vi)
The sale of minimal quantities of prescription drugs by retail pharmacies to licensed health care practitioners for office use;
(vii)
The sale, purchase, or trade of a prescription drug, an offer to sell, purchase, or trade a prescription drug, or the dispensing of a prescription drug in accordance with a prescription;
(viii)
The sale, transfer, merger, or consolidation of all or part of the business of a pharmacy to or with another pharmacy, whether accomplished as a purchase and sale of stock or business assets;
(ix)
The sale, purchase, distribution, trade, or transfer of a prescription drug from one authorized distributor of record to one additional authorized distributor of record if:
(1)
The manufacturer has stated in writing to the receiving authorized distributor of record that the manufacturer is unable to supply the prescription drug; and
(2)
The supplying authorized distributor of record states in writing that the prescription drug being supplied had until that time been exclusively in the normal distribution channel;
(x)
The delivery of, or offer to deliver, a prescription drug by a common carrier solely in the common carrier’s usual course of business of transporting prescription drugs, if the common carrier does not store, warehouse, or take legal ownership of the prescription drug; or
(xi)
The sale or transfer from a pharmacy or pharmacy warehouse of expired, damaged, returned, or recalled prescription drugs to:
(1)
The original wholesale distributor;
(2)
The original manufacturer; or
(3)
A third party returns processor.
(v)
(1)
“Wholesale distributor” means a person that is engaged in the wholesale distribution of prescription drugs or prescription devices.
(2)
“Wholesale distributor” includes:
(i)
A manufacturer;
(ii)
A repackager;
(iii)
An own–label distributor;
(iv)
A private–label distributor;
(v)
A jobber;
(vi)
A broker;
(vii)
A warehouse, including a manufacturer’s or distributor’s warehouse;
(viii)
A manufacturer’s exclusive distributor or an authorized distributor of record;
(ix)
A drug wholesaler or distributor;
(x)
An independent wholesale drug trader;
(xi)
A third party logistics provider;
(xii)
A pharmacy that conducts wholesale distribution, if the wholesale distribution business accounts for more than 5% of the pharmacy’s annual sales; and
(xiii)
A pharmacy warehouse that conducts wholesale distribution.
(w)
“Wholesale distributor permit” means a permit issued by the Board under this subtitle to distribute prescription drugs or prescription devices into, out of, or within the State as a wholesale distributor.
Md. Code Ann., Health Occ. § 12-6C-02 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6C. Wholesale Distributor Permitting and Prescription Drug Integrity Act
§ 12–6C-02LinkCopy Citation
This subtitle does not affect any person while distributing:
(1)
Feed for livestock or poultry;
(2)
Fertilizers;
(3)
Fungicides;
(4)
Insecticide;
(5)
Land plaster;
(6)
Lime;
(7)
Seeds;
(8)
Devices, drugs, or supplies of any kind for the treatment, care, or cure of farm animals; or
(9)
Compounded nonsterile preparations or compounded sterile preparations provided in accordance with § 12–510 of this title to a licensed veterinarian who intends to dispense the compounded nonsterile preparations or compounded sterile preparations in accordance with § 2–313(c) of the Agriculture Article.
Md. Code Ann., Health Occ. § 12-6C-03 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6C. Wholesale Distributor Permitting and Prescription Drug Integrity Act
§ 12–6C-03LinkCopy Citation
(a)
A wholesale distributor shall hold a permit issued by the Board before the wholesale distributor engages in wholesale distribution in the State.
(b)
(1)
A manufacturer engaged in wholesale distribution shall hold a wholesale distributor permit issued under this subtitle.
(2)
Notwithstanding paragraph (1) of this subsection, the information and qualification requirements for obtaining a permit under this subtitle, beyond that required by federal law, do not apply to:
(i)
A manufacturer that distributes its own prescription drugs that are approved by the U.S. Food and Drug Administration; or
(ii)
A manufacturer that distributes its own prescription devices that are approved or authorized by the U.S. Food and Drug Administration.
(c)
A manufacturer’s exclusive distributor and a third–party logistics provider shall hold a wholesale distributor permit issued under this subtitle.
(d)
A wholesale distributor permit shall be displayed conspicuously in the place of business for which the permit is issued.
(e)
A wholesale distributor permit is not transferable.
(f)
Subject to any other restriction provided by law, a person may not purchase or obtain a prescription drug or prescription device unless the prescription drug or prescription device is purchased or obtained from a person who holds a wholesale distributor permit, a licensed pharmacist, or an authorized prescriber.
Md. Code Ann., Health Occ. § 12-6C-03.1 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6C. Wholesale Distributor Permitting and Prescription Drug Integrity Act
§ 12–6C-03.1LinkCopy Citation
(a)
The Department may purchase and distribute prescription drugs and prescription devices for public health purposes.
(b)
The Department shall adopt regulations, in consultation with the Board, to implement this section.
Md. Code Ann., Health Occ. § 12-6C-03.2 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6C. Wholesale Distributor Permitting and Prescription Drug Integrity Act
§ 12–6C-03.2LinkCopy Citation
(a)
Notwithstanding any other provision of this subtitle, a wholesale distributor applicant or permit holder that prepares sterile drug products shall submit to the Board a report of an inspection conducted by the U.S. Food and Drug Administration or a Board designee:
(1)
At the time of application; and
(2)
On renewal.
(b)
The inspection report required under subsection (a) of this section shall:
(1)
Be conducted within 1 year before the date of application or renewal; and
(2)
Demonstrate compliance with applicable federal good manufacturing practice standards.
(c)
An applicant or permit holder is responsible for obtaining an inspection to meet the requirements of this section.
Md. Code Ann., Health Occ. § 12-6C-04 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6C. Wholesale Distributor Permitting and Prescription Drug Integrity Act
§ 12–6C-04LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Accreditation organization” means a private entity that:
(i)
Is recognized by the Board; and
(ii)
Conducts inspections and surveys of wholesale distributors based on nationally recognized and developed standards.
(3)
“Deemed status” means a status under which a wholesale distributor may be exempt from initial and routine inspection requirements under this subtitle.
(b)
The Board may only grant deemed status to a wholesale distributor that is:
(1)
Currently accredited by an accreditation organization, wherever the wholesale distributor is located; or
(2)
Located in a state that has requirements that:
(i)
Are substantially equivalent to the requirements of this State; and
(ii)
Include pedigrees, routine inspections of wholesale distributors, operation of wholesale distributors in a commercial nonresidential facility, and security measures.
(c)
(1)
The Board may issue a wholesale distributor permit by reciprocity to a wholesale distributor who holds a license or permit under the laws of another state if the Board determines that the requirements of that state are substantially equivalent to the requirements of this State.
(2)
A wholesale distributor that receives a permit by reciprocity shall comply with the requirements of § 12–6C–05(e) and (f) of this subtitle.
(3)
In addition to meeting the requirements under this subtitle, a wholesale distributor located out–of–state that is not eligible for reciprocity shall be accredited by an accreditation organization.
(4)
The Board shall grant deemed status to a wholesale distributor that:
(i)
Is currently accredited by an accreditation organization; or
(ii)
Has been granted reciprocity by the Board.
(d)
The Board or its designee may inspect a wholesale distributor who is accredited or has been issued a permit by reciprocity to:
(1)
Determine compliance with any permit requirement under this subtitle; or
(2)
Investigate a complaint.
Md. Code Ann., Health Occ. § 12-6C-05 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6C. Wholesale Distributor Permitting and Prescription Drug Integrity Act
§ 12–6C-05LinkCopy Citation
(a)
To apply for a wholesale distributor permit, an applicant shall:
(1)
Pay to the Board an application fee set by the Board; and
(2)
Submit an application to the Board on the form that the Board requires.
(b)
The application shall include the following:
(1)
The name, full business address, and telephone number of the applicant;
(2)
All trade or business names used by the applicant;
(3)
Addresses, telephone numbers, and the names of contact persons for the facility used by the applicant for the storage, handling, and distribution of prescription drugs;
(4)
The type of business form under which the applicant operates, such as partnership, corporation, or sole proprietorship;
(5)
The name of each owner and operator of the applicant, including:
(i)
If an individual, the name of the individual;
(ii)
If a partnership, the name of the partnership and of each partner;
(iii)
If a corporation, the name of the corporation, the name and title of each corporate officer and director, and the state of incorporation; and
(iv)
If a sole proprietorship, the full name of the sole proprietor and the name of the sole proprietor’s business entity;
(6)
A list of all licenses and permits issued to the applicant by any other state that authorizes the applicant to purchase or possess prescription drugs;
(7)
For the designated representative and the immediate supervisor of the designated representative at the applicant’s place of business, the following:
(i)
Name;
(ii)
Places of residence for the past 7 years;
(iii)
Date and place of birth;
(iv)
The name and address of each business where the individual was employed during the past 7 years, and the individual’s job title or office held at each business;
(v)
A statement of whether, during the past 7 years, the individual has been the subject of any proceeding for the revocation of any professional or business license or any criminal violation and, if so, the nature and disposition of the proceeding;
(vi)
A statement of whether, during the past 7 years, the individual has been enjoined, either temporarily or permanently, by a court of competent jurisdiction from violating any federal or state law regulating the possession, control, or distribution of prescription drugs, together with details concerning the event;
(vii)
A description of any involvement, including any investments other than the ownership of stock in a publicly traded company or mutual fund, by the individual during the past 7 years with any business that manufactures, administers, prescribes, distributes, or stores prescription drugs, and any lawsuits in which the business was named as a party;
(viii)
(1)
A description of any misdemeanor or felony offense of which the individual, as an adult, was found guilty, regardless of whether adjudication of guilt was withheld or whether the individual pled guilty or nolo contendere; and
(2)
If the individual indicates that a criminal conviction is under appeal and submits a copy of the notice of appeal, within 15 days after the disposition of the appeal, a copy of the final written order of disposition; and
(ix)
A photograph of the individual taken in the previous 180 days.
(c)
The information required under subsection (b) of this section shall be provided under oath.
(d)
The Board may not issue a wholesale distributor permit to an applicant unless the Board or its designee:
(1)
If the applicant holds prescription drugs or devices, conducts a physical inspection of the applicant’s place of business, including any facility of the applicant;
(2)
Finds that the place of business and facility, if any, meets the Board’s requirements;
(3)
Determines that the designated representative of the applicant meets the following qualifications:
(i)
Is at least 21 years of age;
(ii)
Has been employed full time for at least 3 years in a pharmacy or with a wholesale distributor in a capacity related to the dispensing and distribution of, and record keeping relating to, prescription drugs;
(iii)
Is employed by the applicant full time in a managerial level position;
(iv)
Is actively involved in and aware of the daily operation of the wholesale distributor;
(v)
Is physically present, except for an authorized absence such as sick leave or vacation leave, at the facility of the applicant during regular business hours;
(vi)
Is serving as a designated representative for only one applicant at a time, or for two or more wholesale distributors who are located in the same facility and are members of an affiliated group, as defined in § 1504 of the Internal Revenue Code;
(vii)
Does not have any convictions for a violation of any federal, state, or local laws relating to wholesale or retail prescription drug distribution or distribution of controlled substances; and
(viii)
Does not have any convictions for a felony under federal, state, or local laws; and
(4)
Determines that the immediate supervisor of the designated representative of the applicant meets the following qualifications:
(i)
Is at least 21 years of age;
(ii)
Has been employed full time for at least 3 years in a pharmacy or with a wholesale distributor in a capacity related to the dispensing and distribution of, and record keeping relating to, prescription drugs;
(iii)
Is employed by the applicant full time in a managerial level position;
(iv)
Is actively involved in and aware of the daily operation of the wholesale distributor;
(v)
Does not have any convictions for a violation of any federal, state, or local laws relating to wholesale or retail prescription drug distribution or distribution of controlled substances; and
(vi)
Does not have any convictions for a felony under federal, state, or local laws.
(e)
The designated representative and the immediate supervisor of the designated representative of an applicant shall submit to a criminal history records check in accordance with § 12–6C–05.1 of this subtitle.
(f)
(1)
In this subsection, “gross receipts” means gross receipts from sales of prescription drugs and devices in the State.
(2)
This subsection does not apply to a pharmacy warehouse that is not engaged in wholesale distribution.
(3)
(i)
An applicant for a wholesale distributor permit shall submit a surety bond or other equivalent means of security acceptable to the State, such as an irrevocable letter of credit or a deposit in a trust account or financial institution, payable to the State Board of Pharmacy to be deposited into an account established by the State under paragraph (7) of this subsection.
(ii)
The surety bond or other security shall be in the amount of:
(1)
$100,000, if the annual gross receipts of the applicant for the previous tax year are $10,000,000 or more; or
(2)
$50,000, if the annual gross receipts of the applicant for the previous tax year are less than $10,000,000.
(iii)
The Board may require by regulation documentation for the gross receipts of the wholesale distributor to qualify for a surety bond or other security in the amount of $50,000.
(4)
The purpose of the surety bond is to secure payment of any fines or penalties imposed by the Board and any fees and costs incurred by the State relating to the permit that:
(i)
Are authorized under State law; and
(ii)
Are not paid by the permit holder within 30 days after the fines, penalties, fees, or costs become final.
(5)
The State may make a claim against the surety bond or other security until 2 years after the permit holder’s permit ceases to be valid.
(6)
A single surety bond shall cover all facilities operated by the applicant in the State.
(7)
The Board shall establish an account, separate from its other accounts, in which to deposit the applicant’s surety bond or other security.
(g)
If a wholesale distributor distributes prescription drugs or prescription devices from more than one facility, the wholesale distributor shall obtain a permit for each facility.
(h)
Within 30 days after the date the Board receives a completed application, including the results of all required criminal history records checks, the Board shall notify the applicant of the Board’s acceptance or rejection of the application.
Md. Code Ann., Health Occ. § 12-6C-05.1 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6C. Wholesale Distributor Permitting and Prescription Drug Integrity Act
§ 12–6C-05.1LinkCopy Citation
(a)
(1)
In this subsection, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
(2)
This subsection applies to applicants located in the State.
(3)
As part of an application to the Central Repository for a State and national criminal history records check, the designated representative and the immediate supervisor of the designated representative of an applicant shall submit to the Central Repository:
(i)
A complete set of legible fingerprints taken in a format approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;
(ii)
The fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and
(iii)
The mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
(4)
In accordance with §§ 10–201 through 10–229 of the Criminal Procedure Article, the Central Repository shall forward the criminal history records information of the designated representative and the immediate supervisor of the designated representative of an applicant to the Board and the applicant.
(5)
Information obtained from the Central Repository under this subsection:
(i)
Is confidential;
(ii)
May not be redisseminated; and
(iii)
May be used only for the permitting purpose authorized by this subtitle.
(6)
The subject of a criminal history records check under this subsection may contest the contents of the criminal history records information issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.
(7)
If criminal history record information is reported to the Central Repository after the date of the initial criminal history records check, the Central Repository shall provide to the Board and the individual revised criminal history record information for the individual.
(b)
(1)
This subsection applies to applicants located outside the State.
(2)
The designated representative and the immediate supervisor of the designated representative of an applicant shall submit to a criminal history records check by the applicant’s state of residence, in accordance with the laws of the applicant’s state of residence.
(3)
The criminal history records check shall consist of:
(i)
A state criminal history records check for the applicant’s state of residence; and
(ii)
A national criminal history records check.
(4)
The designated representative and the immediate supervisor of the designated representative of an applicant shall request the appropriate entity in the applicant’s state of residence to forward the results of the criminal history records check to the Board and the applicant.
(5)
The Board shall ensure that information obtained under this subsection:
(i)
Is kept confidential;
(ii)
Is not redisseminated; and
(iii)
Is used only for the permitting purpose authorized by this subtitle.
Md. Code Ann., Health Occ. § 12-6C-06 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6C. Wholesale Distributor Permitting and Prescription Drug Integrity Act
§ 12–6C-06LinkCopy Citation
(a)
A wholesale distributor permit expires on May 31 after its effective date, unless the wholesale distributor permit is renewed for an additional 2–year term as provided in this section.
(b)
(1)
Except as provided in paragraph (2) of this subsection, at least 1 month before a wholesale distributor permit expires, the Board shall send to the wholesale distributor permit holder a renewal notice by electronic means to the last known e–mail address of the permit holder.
(2)
If requested by a wholesale distributor permit holder, the Board shall send to the permit holder a renewal notice by first–class mail to the last known address of the permit holder.
(3)
If a renewal notice sent by electronic means under paragraph (1) of this subsection is returned to the Board as undeliverable, the Board shall send to the wholesale distributor permit holder a renewal notice by first–class mail to the last known address of the permit holder.
(4)
A renewal notice sent under this subsection shall state:
(i)
The date on which the current wholesale distributor permit expires;
(ii)
The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the current wholesale distributor permit expires; and
(iii)
The amount of the renewal fee.
(5)
Before a wholesale distributor permit expires, a wholesale distributor permit holder periodically may renew it for an additional 2–year term, if the wholesale distributor permit holder:
(i)
Otherwise is entitled to a wholesale distributor permit;
(ii)
Pays to the Board a renewal fee set by the Board; and
(iii)
Submits to the Board a renewal application on the form that the Board requires.
(6)
(i)
The renewal application form shall set forth the information that the wholesale distributor provided under § 12–6C–05 of this subtitle.
(ii)
Within 30 days after receiving the form, the wholesale distributor shall identify and state under oath to the Board all changes or corrections to the information that was provided under § 12–6C–05 of this subtitle.
(7)
The Board shall renew the wholesale distributor permit of a wholesale distributor permit holder who meets the requirements of this subtitle and any regulations adopted under this subtitle.
(8)
If a wholesale distributor is located outside the State, the designated representative and immediate supervisor of the designated representative of the permit holder shall submit to a criminal history records check in accordance with § 12–6C–05.1 of this subtitle before the permit may be renewed.
(9)
The Board may deny, suspend, or revoke the permit of a wholesale distributor if the Board determines that the wholesale distributor no longer qualifies for a permit.
Md. Code Ann., Health Occ. § 12-6C-07 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6C. Wholesale Distributor Permitting and Prescription Drug Integrity Act
§ 12–6C-07LinkCopy Citation
The Board:
(1)
Shall adopt regulations that require routine inspections of wholesale distributor facilities; and
(2)
May adopt regulations establishing:
(i)
Minimum requirements for the receipt, storage, and handling of prescription drugs or prescription devices, security precautions, quality control, record keeping, and procedures, policy, and responsibilities of personnel; and
(ii)
Education and experience requirements for personnel employed in positions responsible for carrying out the duties:
(1)
Referenced in item (i) of this item; or
(2)
Related to State permit requirements under this subtitle.
Md. Code Ann., Health Occ. § 12-6C-08 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6C. Wholesale Distributor Permitting and Prescription Drug Integrity Act
§ 12–6C-08LinkCopy Citation
Information provided by a wholesale distributor or an applicant for a wholesale distributor permit under this subtitle may not be disclosed to any person or entity except a State licensing or permitting authority, State board, or government agency that needs the information for licensing, permitting, monitoring, or law enforcement purposes.
Md. Code Ann., Health Occ. § 12-6C-09 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6C. Wholesale Distributor Permitting and Prescription Drug Integrity Act
§ 12–6C-09LinkCopy Citation
(a)
(1)
A wholesale distributor shall receive prescription drug returns or exchanges from a pharmacy or pharmacy warehouse 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.
(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
(2)
This method of delivery is employed only to meet the immediate needs of a particular patient of the authorized person.
(2)
(i)
Prescription drugs may be supplied to a hospital pharmacy receiving area if a pharmacist or authorized receiving personnel of the hospital pharmacy signs, at the time of delivery, a receipt showing the type and quantity of the prescription drug received.
(ii)
Any discrepancy between the type and quantity of the prescription drug indicated on the receipt and the type and quantity of the prescription drug received:
(1)
Shall be reported to the delivering wholesale distributor by the next business day after the delivery to the hospital pharmacy receiving area; and
(2)
May be reported to the Board for investigation.
(d)
(1)
A wholesale distributor may not accept payment or allow the use of a person’s credit to establish an account for the purchase of prescription drugs from any person other than the owner of record, the chief executive officer, or the chief financial officer listed on the license or permit of a person legally authorized to receive prescription drugs.
(2)
Any account established for the purchase of prescription drugs shall bear the name of the license or permit holder.
(e)
A wholesale distributor may not operate out of a residence.
Md. Code Ann., Health Occ. § 12-6C-09.1 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6C. Wholesale Distributor Permitting and Prescription Drug Integrity Act
§ 12–6C-09.1LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Covered entity” has the meaning stated in 42 U.S.C. § 256b(a)(4).
(3)
“Package” has the meaning stated in 21 U.S.C. § 360eee(11).
(4)
(i)
“340B drug” means a drug that:
(1)
Is a covered outpatient drug under 42 U.S.C. § 256b;
(2)
Has been subject to an offer for reduced prices by a 340B manufacturer under 42 U.S.C. § 256b(a)(1); and
(3)
Is purchased by a covered entity.
(ii)
“340B drug” includes a drug that would have been purchased but for the limitation under subsection (c) of this section.
(5)
“340B manufacturer” means a manufacturer, as defined in 42 U.S.C. § 1396r–8(k)(5), of covered outpatient drugs that has signed a pharmaceutical pricing agreement under 42 U.S.C. § 256b(a)(1).
(b)
This section may not be construed to be:
(1)
Less restrictive than any federal law that is applicable to a person regulated by this section; or
(2)
In conflict with applicable federal and State laws and regulations.
(c)
(1)
Except as provided in paragraph (2) of this subsection, a 340B manufacturer may not directly or indirectly deny, restrict, prohibit, discriminate against, or otherwise limit the acquisition of a 340B drug by, or delivery of a 340B drug to, a pharmacy that is under contract with or otherwise authorized by a covered entity to receive 340B drugs on behalf of the covered entity unless the receipt of 340B drugs is prohibited by the U.S. Department of Health and Human Services.
(2)
A 340B manufacturer may limit the distribution of a 340B drug if the limitation is required under 21 U.S.C. § 355–1.
(d)
(1)
(i)
A violation of subsection (c) of this section:
(1)
Subject to paragraph (2) of this subsection, is an unfair, abusive, or deceptive trade practice within the meaning of Title 13 of the Commercial Law Article and is subject to the enforcement and penalty provisions contained in Title 13 of the Commercial Law Article; and
(2)
(A)
If the alleged violation was committed by a person that is licensed or permitted by the Board, shall be investigated by the Board or the Consumer Protection Division of the Office of the Attorney General; or
(B)
If the alleged violation was committed by a person that is not licensed or permitted by the Board, shall be investigated by the Consumer Protection Division of the Office of the Attorney General.
(ii)
As part of an investigation conducted under subparagraph (1)(i)2 of this paragraph, the Board or the Consumer Protection Division of the Office of the Attorney General may investigate an affiliate or a contractor of the 340B manufacturer, including a wholesaler or third–party logistics provider.
(2)
(i)
In addition to the penalties under Title 13 of the Commercial Law Article, a civil fine may be assessed in the amount of $5,000 per violation of subsection (c) of this section.
(ii)
A violation of this section does not create a private right of action under § 13–408 of the Commercial Law Article.
(3)
If a violation of subsection (c) of this section is committed by a person licensed or permitted by the Board, the Board may impose discipline, suspension, or revocation of the person’s license or permit.
(4)
Each package of 340B drugs subject to a violation of subsection (c) of this section shall constitute a separate violation.
Md. Code Ann., Health Occ. § 12-6C-10 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6C. Wholesale Distributor Permitting and Prescription Drug Integrity Act
§ 12–6C-10LinkCopy Citation
(a)
A person who is engaged in the wholesale distribution of a prescription drug that leaves, or has ever left, the normal distribution channel shall provide, before each wholesale distribution of the prescription drug, a pedigree to the person who receives the prescription drug.
(b)
A retail pharmacy or pharmacy warehouse shall comply with the requirements of this section only if the pharmacy or pharmacy warehouse engages in the wholesale distribution of a prescription drug in the State.
(c)
(1)
To be considered part of the normal distribution channel, a wholesale distributor, a manufacturer’s exclusive distributor, and a manufacturer’s third party logistics provider also must be an authorized distributor of record.
(2)
Notwithstanding paragraph (1) of this subsection, a pharmacy warehouse that is not an authorized distributor of record shall be considered part of the normal distribution channel.
(d)
Each person who engages in the wholesale distribution of a prescription drug, including repackagers but excluding the original manufacturer of the finished form of the prescription drug, who is provided a pedigree for the prescription drug and attempts to further distribute the prescription drug, shall authenticate, before any distribution of the prescription drug occurs, that each transaction listed on the pedigree has occurred.
(e)
The pedigree shall include:
(1)
All necessary identifying information relating to each sale in the chain of distribution of the prescription drug from the manufacturer or the manufacturer’s third party logistics provider, co–licensed partner, or manufacturer’s exclusive distributor, through acquisition and sale by any wholesale distributor or repackager, until final sale to a pharmacy or other person dispensing or administering the prescription drug, including:
(i)
The name, address, telephone number, and if available, electronic mail address, of each owner and each wholesale distributor of the prescription drug;
(ii)
The name and address of each location from which the prescription drug was shipped, if different from the owner’s;
(iii)
Transaction dates; and
(iv)
Certification that each recipient has authenticated the pedigree;
(2)
The name of the prescription drug;
(3)
The dosage form and strength of the prescription drug;
(4)
The size of the container;
(5)
The number of containers;
(6)
The lot number and National Drug Code of the prescription drug; and
(7)
The name of the manufacturer of the finished dosage form.
(f)
Each pedigree for a prescription drug shall be:
(1)
Maintained by the purchaser and the wholesale distributor for 3 years from the date of sale or transfer; and
(2)
Available for inspection or use within 5 business days on request of the Board, the Board’s designee, or an authorized law enforcement officer.
Md. Code Ann., Health Occ. § 12-6C-11 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6C. Wholesale Distributor Permitting and Prescription Drug Integrity Act
§ 12–6C-11LinkCopy Citation
(a)
(1)
If a person knowingly violates any provision of this subtitle or any regulation adopted under this subtitle, the Board may impose a fine not to exceed $500,000.
(2)
Before the Board imposes a fine, the Board shall consider the appropriateness of the fine in relation to:
(i)
The size of the wholesale distributor;
(ii)
The gravity of the violation for which the fine is to be imposed;
(iii)
The good faith of the wholesale distributor; and
(iv)
Any previous violations by the wholesale distributor.
(b)
In addition to the penalty provided in subsection (a) of this section, the Board also may take disciplinary action against a permit holder who is convicted of or pleads guilty or nolo contendere to a violation of State, federal, or local drug laws.
Md. Code Ann., Health Occ. § 12-6C-12 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6C. Wholesale Distributor Permitting and Prescription Drug Integrity Act
§ 12–6C-12LinkCopy Citation
On or before January 1, 2008, the Board shall adopt regulations to implement this subtitle.
Md. Code Ann., Health Occ. § 12-6C-13 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6C. Wholesale Distributor Permitting and Prescription Drug Integrity Act
§ 12–6C-13LinkCopy Citation
On or before January 1, 2008, and on or before January 1 of each subsequent year, the Board shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, to the General Assembly on the implementation of this subtitle.
Subtitle 6D. Registered Pharmacy Interns
Md. Code Ann., Health Occ. § 12-6D-01 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6D. Registered Pharmacy Interns
§ 12–6D-01LinkCopy Citation
In this subtitle, “ACPE” means the Accreditation Council for Pharmacy Education.
Md. Code Ann., Health Occ. § 12-6D-02 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6D. Registered Pharmacy Interns
§ 12–6D-02LinkCopy Citation
Except as otherwise provided in this title or §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual shall be registered and approved by the Board as a registered pharmacy intern before the individual may practice pharmacy under the direct supervision of a licensed pharmacist in accordance with this subtitle.
Md. Code Ann., Health Occ. § 12-6D-03 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6D. Registered Pharmacy Interns
§ 12–6D-03LinkCopy Citation
(a)
To qualify for registration an applicant shall be an individual who:
(1)
Is currently enrolled and has completed 1 year of professional pharmacy education in a doctor of pharmacy program accredited by the ACPE;
(2)
Is currently enrolled and has completed 1 year of professional pharmacy education in a doctor of pharmacy program under accreditation review by the ACPE;
(3)
Has graduated from a doctor of pharmacy program accredited by the ACPE and has applied for licensure with the Board; or
(4)
Is a graduate of a foreign school of pharmacy who:
(i)
Has established educational equivalency as determined by the Board; and
(ii)
Has passed an examination of oral English approved by the Board.
(b)
An applicant shall submit a request for a State and national criminal history records check in accordance with § 12–6D–04 of this subtitle.
(c)
The Board may not approve an application until the State and national criminal history records check is completed.
(d)
The applicant shall be of good moral character.
Md. Code Ann., Health Occ. § 12-6D-04 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6D. Registered Pharmacy Interns
§ 12–6D-04LinkCopy Citation
(a)
In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
(b)
As part of an application to the Central Repository for a State and national criminal history records check, the applicant shall submit to the Central Repository:
(1)
A complete set of legible fingerprints taken in a format approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;
(2)
The fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and
(3)
The mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
(c)
In accordance with §§ 10–201 through 10–229 of the Criminal Procedure Article, the Central Repository shall forward to the Board and the individual the individual’s criminal history record information.
(d)
Information obtained from the Central Repository under this section:
(1)
Is confidential;
(2)
May not be redisseminated; and
(3)
May be used only for the registration purpose authorized by this subtitle.
(e)
The subject of a criminal history records check under this subsection may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.
(f)
If criminal history record information is reported to the Central Repository after the date of the initial criminal history records check, the Central Repository shall provide to the Board and the individual revised criminal history record information for the individual.
Md. Code Ann., Health Occ. § 12-6D-05 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6D. Registered Pharmacy Interns
§ 12–6D-05LinkCopy Citation
(a)
An applicant for registration shall:
(1)
Submit an application to the Board on the form that the Board requires;
(2)
Provide documentation of:
(i)
Enrollment in a doctor of pharmacy program;
(ii)
Graduation from an approved college of pharmacy; or
(iii)
For an applicant who satisfies the requirements under § 12–6D–03(a)(4) of this subtitle, proof of:
(1)
Educational equivalency; and
(2)
Oral English competency;
(3)
Submit to a request for a State criminal history records check; and
(4)
Pay the application fees set by the Board.
(b)
The application shall be signed by the applicant.
Md. Code Ann., Health Occ. § 12-6D-06 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6D. Registered Pharmacy Interns
§ 12–6D-06LinkCopy Citation
(a)
The Board shall register as a pharmacy intern any applicant who meets the requirements of this subtitle.
(b)
(1)
The Board may set reasonable fees for the issuance and renewal of registrations and other services.
(2)
The fees charged shall be set so as to approximate the cost of registering pharmacy interns.
(c)
A licensed pharmacist may not directly supervise more than two registered pharmacy interns at one time.
Md. Code Ann., Health Occ. § 12-6D-07 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6D. Registered Pharmacy Interns
§ 12–6D-07LinkCopy Citation
(a)
A registered pharmacy intern shall notify the Board of each plea of guilty for, conviction of, or entry of a plea of nolo contendere for a felony or a crime involving moral turpitude, regardless of whether:
(1)
An adjudication of guilt or sentencing or imposition of sentence is withheld; or
(2)
Any appeal or other proceeding is pending regarding the matter.
(b)
The registered pharmacy intern shall notify the Board within 7 days of the conviction or entry of the plea.
Md. Code Ann., Health Occ. § 12-6D-08 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6D. Registered Pharmacy Interns
§ 12–6D-08LinkCopy Citation
(a)
Registration authorizes a registered pharmacy intern to practice pharmacy under the direct supervision of a licensed pharmacist while the registration is effective.
(b)
A registered pharmacy intern may administer vaccinations in accordance with regulations adopted by the Board.
(c)
A registered pharmacy intern may not:
(1)
Delegate a pharmacy act;
(2)
Perform a final verification of a prescription drug or device before dispensing; or
(3)
Perform other duties prohibited by regulations adopted by the Board.
Md. Code Ann., Health Occ. § 12-6D-09 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6D. Registered Pharmacy Interns
§ 12–6D-09LinkCopy Citation
(a)
(1)
Registration expires on the date set by the Board.
(2)
Registration is valid for up to 2 years from the date of issue.
(b)
(1)
A registered pharmacy intern who qualified for registration under § 12–6D–03(a)(1) and (2) of this subtitle may renew the registration one time if the registered pharmacy intern:
(i)
Otherwise is entitled to be registered as a pharmacy intern;
(ii)
Submits to the Board a renewal application on the form that the Board requires; and
(iii)
Pays to the Board a renewal fee set by the Board.
(2)
A registered pharmacy intern who qualified for registration under § 12–6D–03(a)(3) and (4) of this subtitle may not renew the registration.
(c)
The registration of a pharmacy intern registered under this subtitle expires and may not be renewed on the date that the registered pharmacy intern becomes a licensed pharmacist.
(d)
(1)
Except as provided in paragraph (2) of this subsection, the Board shall send to each registered pharmacy intern, at least 1 month before a registration expires, a renewal notice by electronic means to the last known e–mail address of the registered pharmacy intern.
(2)
If requested by a registered pharmacy intern, the Board shall send to the registered pharmacy intern a renewal notice by first–class mail to the last known address of the registered pharmacy intern.
(3)
If a renewal notice sent by electronic means under paragraph (1) of this subsection is returned to the Board as undeliverable, the Board shall send the registered pharmacy intern a renewal notice by first–class mail to the last known address of the registered pharmacy intern.
(4)
A renewal notice sent under this subsection shall state:
(i)
The date on which the current registration expires;
(ii)
The date by which the renewal application shall be received by the Board for the renewal to be issued and mailed before the registration expires; and
(iii)
The amount of the renewal fee.
(e)
The Board shall renew the registration of each pharmacy intern who meets the requirements of this section.
Md. Code Ann., Health Occ. § 12-6D-10 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6D. Registered Pharmacy Interns
§ 12–6D-10LinkCopy Citation
(a)
Each registered pharmacy intern shall:
(1)
Display the pharmacy intern’s registration in the office or place of business in which the pharmacy intern is practicing pharmacy under the direct supervision of a licensed pharmacist; or
(2)
Have the registration on the pharmacy intern’s person available for viewing.
(b)
When practicing pharmacy under the direct supervision of a licensed pharmacist, the registered pharmacy intern shall wear identification that conspicuously identifies the registered pharmacy intern as a registered pharmacy intern.
Md. Code Ann., Health Occ. § 12-6D-11 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6D. Registered Pharmacy Interns
§ 12–6D-11LinkCopy Citation
Subject to the hearing provision of § 12–315 of this title, the Board may deny a pharmacy intern’s registration to any applicant, reprimand a registered pharmacy intern, place any pharmacy intern’s registration on probation, or suspend or revoke a pharmacy intern’s registration if the applicant or pharmacy intern registrant:
(1)
Performs an act that is restricted to a licensed pharmacist;
(2)
Practices pharmacy without the direct supervision of a licensed pharmacist;
(3)
Fraudulently or deceptively obtains or attempts to obtain a pharmacy intern’s registration for the applicant or assists or attempts to assist another in fraudulently or deceptively obtaining a pharmacy intern’s registration;
(4)
Fraudulently uses a pharmacy intern’s registration;
(5)
Knowingly aids an unauthorized individual to practice pharmacy or to represent that the individual is a licensed pharmacist or registered pharmacy intern;
(6)
Practices pharmacy while:
(i)
Under the influence of alcohol; or
(ii)
Using any narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic amounts or without valid medical indication;
(7)
Willfully makes or files a false report or record as part of the registered pharmacy intern’s duties or employment;
(8)
Willfully fails to file or record any report that is required by law;
(9)
Willfully impedes or obstructs the filing or recording of any report that is required by law;
(10)
Willfully induces another to fail to file or record any report that is required by law;
(11)
Provides or causes to be provided to any authorized prescriber prescription forms that bear the name, address, or other means of identification of a licensed pharmacist or pharmacy;
(12)
Knowingly aids a licensed pharmacist in dispensing any drug, device, or diagnostic for which a prescription is required without a written, oral, or electronically transmitted prescription from an authorized prescriber;
(13)
Unless an authorized prescriber authorizes the refill, refills a prescription for any drug, device, or diagnostic for which a prescription is required;
(14)
Is physically or mentally incompetent;
(15)
Pleaded guilty or nolo contendere to, or has been found guilty of, a felony or a crime involving moral turpitude, regardless of whether:
(i)
An adjudication of guilt or sentencing or imposition of sentence is withheld; or
(ii)
Any appeal or other proceeding is pending regarding the matter;
(16)
Violates any provision of this title;
(17)
Is disciplined by a licensing, registering, or disciplinary authority of any state or country or convicted or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under the Board’s disciplinary statutes;
(18)
Violates any regulation adopted by the Board;
(19)
Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the registered pharmacy intern is registered and qualified to render because the individual is HIV positive;
(20)
Participates in any activity that is grounds for Board action under § 12–313, § 12–409, or §12–6B–09 of this title;
(21)
Provides or causes to be provided confidential patient information to any person without first having obtained the patient’s consent, as required by § 12–403(b)(13) of this title and by Title 4, Subtitle 3 of the Health – General Article; or
(22)
Fails to cooperate with a lawful investigation conducted by the Board or the Office of Controlled Substances Administration.
Md. Code Ann., Health Occ. § 12-6D-12 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6D. Registered Pharmacy Interns
§ 12–6D-12LinkCopy Citation
(a)
If after a hearing under § 12–315 of this title, the Board finds that there is a ground under § 12–6D–11 of this subtitle to reprimand a registered pharmacy intern, place a pharmacy intern’s registration on probation, or suspend or revoke a pharmacy intern’s registration, the Board may impose a penalty not exceeding $2,500:
(1)
Instead of reprimanding the registered pharmacy intern, placing the registered pharmacy intern on probation, or suspending or revoking the pharmacy intern’s registration; or
(2)
In addition to reprimanding the registered pharmacy intern, placing the registered pharmacy intern on probation, or suspending or revoking the pharmacy intern’s registration.
(b)
The Board shall adopt 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 the State.
Md. Code Ann., Health Occ. § 12-6D-13 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6D. Registered Pharmacy Interns
§ 12–6D-13LinkCopy Citation
(a)
Unless the Board agrees to accept the surrender of a pharmacy intern’s registration, a registered pharmacy intern may not surrender the pharmacy intern’s registration nor may the pharmacy intern’s registration lapse by operation of law while the registered pharmacy intern is under investigation or while charges are pending against the registered pharmacy intern.
(b)
The Board may set conditions on the Board’s agreement with the registered pharmacy intern under investigation or against whom charges are pending to accept the surrender of the pharmacy intern’s registration.
Md. Code Ann., Health Occ. § 12-6D-14 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6D. Registered Pharmacy Interns
§ 12–6D-14LinkCopy Citation
Except as otherwise provided in this title, an individual may not practice, attempt to practice, or offer to practice as a registered pharmacy intern in the State unless registered with the Board.
Md. Code Ann., Health Occ. § 12-6D-15 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 6D. Registered Pharmacy Interns
§ 12–6D-15LinkCopy Citation
(a)
Except as otherwise provided in this subtitle, an individual may not represent to the public by title, by description of services, methods, or procedures, or otherwise, that the individual is registered to practice as a registered pharmacy intern unless registered in accordance with this subtitle.
(b)
Except as otherwise provided in this subtitle, an individual may not use the terms “registered pharmacy intern” or “pharmacy intern” with the intent to represent that the individual is authorized to practice as a registered pharmacy intern unless registered as a pharmacy intern under this subtitle.
Subtitle 7. Prohibited Acts; Penalties
Md. Code Ann., Health Occ. § 12-701 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 7. Prohibited Acts; Penalties
§ 12–701LinkCopy Citation
Except as otherwise provided in this title, a person may not practice, attempt to practice, or offer to practice pharmacy in this State unless licensed by the Board.
Md. Code Ann., Health Occ. § 12-702 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 7. Prohibited Acts; Penalties
§ 12–702LinkCopy Citation
(a)
A person may not obtain a license by making any false representation.
(b)
On conviction of a person for obtaining a license by false representation, the license held by that person is void.
Md. Code Ann., Health Occ. § 12-703 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 7. Prohibited Acts; Penalties
§ 12–703LinkCopy Citation
A person may not establish or operate a pharmacy in this State or a nonresident pharmacy unless the person holds a pharmacy permit issued by the Board.
Md. Code Ann., Health Occ. § 12-704 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 7. Prohibited Acts; Penalties
§ 12–704LinkCopy Citation
(a)
(1)
Unless authorized to practice pharmacy under this title, a person may not represent to the public by title, by description of services, methods, or procedures, or otherwise, that the person is authorized to practice pharmacy in this State.
(2)
Unless authorized to practice pharmacy under this title, a person may not use the terms “pharmacist” or “druggist” with the intent to represent that the person practices pharmacy.
(b)
(1)
Unless an establishment has a pharmacy permit, a person may not represent to the public by title, by description of services, methods, or procedures, or otherwise, that the establishment is a pharmacy.
(2)
The acts prohibited by this subsection include using, with the intent to misrepresent that an establishment is a pharmacy, the terms “pharmacy” or “drugstore”, the characteristic show bottles or globes filled with colored water, or any other term or symbol traditionally associated with practicing pharmacy.
Md. Code Ann., Health Occ. § 12-707 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 7. Prohibited Acts; Penalties
§ 12–707LinkCopy Citation
(a)
A person who violates any provision of the following subtitles or sections of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000:
(1)
§ 12–311 (“Display of licenses”);
(2)
Subtitle 4 (“Pharmacy permits”);
(3)
§ 12–502(b) (“Pharmaceutical information”);
(4)
§ 12–505 (“Labeling requirements for prescription medicines”); and
(5)
§ 12–604 (“General power to inspect drugs, devices, and other products”).
(b)
A person who violates any provision of the following sections of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both:
(1)
§ 12–701 (“Practicing pharmacy without license”);
(2)
§ 12–702 (“License obtained by false representation”);
(3)
§ 12–703 (“Operating a pharmacy without permit”);
(4)
§ 12–704 (“Misrepresentations”);
(5)
§ 12–6B–12 (“Working as an unregistered pharmacy technician”); and
(6)
§ 12–6D–15 (“Practicing as an unregistered pharmacy intern”).
(c)
Each day that a violation of any section of Subtitle 4 of this title continues constitutes a separate offense.
(d)
Within 10 days after a court renders the conviction, the court shall report to the Board each conviction of a pharmacist or registered pharmacy technician for:
(1)
Any crime regarding the pharmacy or drug laws that involves professional misconduct; or
(2)
Any crime that involves the State law regarding controlled dangerous substances or the federal narcotic laws.
(e)
(1)
Any person who violates § 12–701 (“Practicing pharmacy without a license”), § 12–703 (“Operating a pharmacy without a permit”), § 12–6B–12 (“Working as an unregistered pharmacy technician”), or § 12–6D–15 (“Practicing as an unregistered pharmacy intern”) of this title is subject to a civil fine of not more than $50,000 to be assessed by the Board.
(2)
The Board shall pay any penalty collected under this subsection into the State Board of Pharmacy Fund.
Subtitle 8. Short Title; Termination of Title
Md. Code Ann., Health Occ. § 12-801 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 8. Short Title; Termination of Title
§ 12–801LinkCopy Citation
This title may be cited as the “Maryland Pharmacy Act”.
Md. Code Ann., Health Occ. § 12-802 (2026)
Title 12. Pharmacists and Pharmacies
Subtitle 8. Short Title; Termination of Title
§ 12–802LinkCopy Citation
Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, this title and all rules and regulations adopted under this title shall terminate and be of no effect after July 1, 2030.