There is a State Board of Pharmacy in the Department.
The Board consists of 13 members.
Of the 13 Board members:
Ten shall be licensed pharmacists, including:
Two who at the time of appointment practice primarily in chain store pharmacies;
Two who at the time of appointment practice primarily in independent pharmacies;
Two who at the time of appointment practice primarily in an acute–care hospital;
One who at the time of appointment practices primarily in a pharmacy that provides services to a long–term care facility;
One who at the time of appointment practices primarily in a pharmacy that specializes in the provision of home infusion/home care services; and
Two pharmacists at–large;
One shall be a registered pharmacy technician; and
Two shall be consumer members.
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.
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.
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.
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.
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.
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.
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.
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.
For each pharmacist vacancy and each registered pharmacy technician vacancy:
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
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:
Issue a nomination form upon the request of any licensed pharmacist and consider all nominations received by the association’s deadline;
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
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.
The Governor shall appoint the consumer members with the advice of the Secretary and the advice and consent of the Senate.
Each member of the Board shall be a resident of this State.
A member of the Board shall be recused from all aspects of the licensing exam if that Board member:
Is a member of the board of trustees at a school of pharmacy;
Is a teacher at a school of pharmacy; or
Acquires the member’s primary source of income through employment by a school of pharmacy.
Each pharmacist member and each registered pharmacy technician member of the Board shall:
Be skilled and competent in practicing pharmacy; and
Have at least 5 years of active pharmacy practice.
Each consumer member of the Board:
Shall be a member of the general public;
May not be or ever have been a pharmacist or in training to become a pharmacist;
May not have a household member who is a pharmacist or in training to become a pharmacist;
May not participate or ever have participated in a commercial or professional field related to practicing pharmacy;
May not have a household member who participates in a commercial or professional field related to practicing pharmacy; and
May not have had within 2 years before appointment a substantial financial interest in a person regulated by the Board.
While a member of the Board, a consumer member may not have a substantial financial interest in a person regulated by the Board.
Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution.
The term of a member is 4 years.
The terms of members are staggered as required by the terms provided for members of the Board on July 1, 1981.
At the end of a term, a member continues to serve until a successor is appointed and qualifies.
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.
To the extent practicable, the Governor shall fill any vacancy on the Board within 60 days of the date of the vacancy.
A member may not serve more than 2 consecutive full terms.
The Governor may remove a member for incompetence or misconduct.
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.
From among its members, the Board annually shall elect a president, a secretary, and a treasurer.
The Board shall determine:
The manner of election of officers; and
The duties of each officer.
A majority of the members then serving on the Board is a quorum to do business.
The Board shall determine the times and places of its meetings.
Each member of the Board is entitled to:
Compensation in accordance with the budget of the Board; and
Reimbursement for expenses at a rate determined by the Board.
The Board may employ a staff in accordance with the budget of the Board.
The Board may designate 1 of its staff as an executive director.
In addition to the powers set forth elsewhere in this title, the Board may adopt:
Rules and bylaws that are necessary to do its business;
Rules and regulations to carry out the provisions of this title;
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:
Methods of advertising and promotion; and
Standards for filling and refilling prescriptions; and
A code of conduct that specifies which behaviors are either required or prohibited in the practice of pharmacy.
In addition to the duties set forth elsewhere in this title, the Board shall:
Keep a record that includes:
The name and place of the business or the home address of each licensed pharmacist, each registered pharmacy technician, and each registered pharmacy intern;
The facts concerning the issuance of that pharmacist’s license;
The facts concerning the issuance of that pharmacy technician’s registration; and
The facts concerning the issuance of that pharmacy intern’s registration;
Prepare and deliver to the Governor, the Secretary, and the Maryland Pharmacists Association an annual report that:
Summarizes the condition of pharmacy in this State; and
Includes a record of the proceedings of the Board; and
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.
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.
The Board shall adopt standards for approving examinations under § 12-6B-02(b)(4) of this title.
The Board shall approve any examination that meets the standards adopted under paragraph (1) of this subsection including:
Employer based pharmacy technician examinations;
Nationally recognized pharmacy technician examinations; and
Examinations for certification as a pharmacy technician.
There is a State Board of Pharmacy Fund.
The Board may set reasonable fees for the issuance and renewal of licenses and registrations and its other services.
The fees charged shall be set so as to produce funds to approximate the cost of maintaining the Board.
Funds to cover the compensation and expenses of the Board members shall be generated by fees set under this section.
The Board shall pay all funds collected under this title to the Comptroller of the State.
The Comptroller shall distribute the fees to the State Board of Pharmacy Fund.
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.
The Fund is a continuing, nonlapsing fund, not subject to § 7-302 of the State Finance and Procurement Article.
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.
No other State money may be used to support the Fund.
A designee of the Board shall administer the Fund.
Moneys in the Fund may be expended only for any lawful purpose authorized under the provisions of this article.
The Board may allocate moneys from the Fund to a pharmacist rehabilitation committee described in § 12-317 of this title.
The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2-1220 of the State Government Article.
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.