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<section article="gho" article_name="Health Occupations" number="12-202" title_number="12" title_name="Pharmacists and Pharmacies" subtitle_number="2" subtitle_name="State Board of Pharmacy">
  <level label="a">
    <level label="1">
      <text>The Board consists of 13 members.</text>
    </level>
    <level label="2">
      <text>Of the 13 Board members:</text>
      <level label="i">
        <text>Ten shall be licensed pharmacists, including:</text>
        <level label="1">
          <text>Two who at the time of appointment practice primarily in chain store pharmacies;</text>
        </level>
        <level label="2">
          <text>Two who at the time of appointment practice primarily in independent pharmacies;</text>
        </level>
        <level label="3">
          <text>Two who at the time of appointment practice primarily in an acute–care hospital;</text>
        </level>
        <level label="4">
          <text>One who at the time of appointment practices primarily in a pharmacy that provides services to a long–term care facility;</text>
        </level>
        <level label="5">
          <text>One who at the time of appointment practices primarily in a pharmacy that specializes in the provision of home infusion/home care services; and</text>
        </level>
        <level label="6">
          <text>Two pharmacists at–large;</text>
        </level>
      </level>
      <level label="ii">
        <text>One shall be a registered pharmacy technician; and</text>
      </level>
      <level label="iii">
        <text>Two shall be consumer members.</text>
      </level>
    </level>
    <level label="3">
      <level label="i">
        <text>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.</text>
      </level>
      <level label="ii">
        <text>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.</text>
      </level>
      <level label="iii">
        <text>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.</text>
      </level>
      <level label="iv">
        <text>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.</text>
      </level>
      <level label="v">
        <text>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.</text>
      </level>
      <level label="vi">
        <text>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.</text>
      </level>
      <level label="vii">
        <text>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.</text>
      </level>
      <level label="viii">
        <text>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.</text>
      </level>
    </level>
    <level label="4">
      <text>For each pharmacist vacancy and each registered pharmacy technician vacancy:</text>
      <level label="i">
        <text>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</text>
      </level>
      <level label="ii">
        <text>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:</text>
        <level label="1">
          <text>Issue a nomination form upon the request of any licensed pharmacist and consider all nominations received by the association’s deadline;</text>
        </level>
        <level label="2">
          <text>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</text>
        </level>
        <level label="3">
          <text>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.</text>
        </level>
      </level>
    </level>
    <level label="5">
      <text>The Governor shall appoint the consumer members with the advice of the Secretary and the advice and consent of the Senate.</text>
    </level>
    <level label="6">
      <text>Each member of the Board shall be a resident of this State.</text>
    </level>
    <level label="7">
      <text>A member of the Board shall be recused from all aspects of the licensing exam if that Board member:</text>
      <level label="i">
        <text>Is a member of the board of trustees at a school of pharmacy;</text>
      </level>
      <level label="ii">
        <text>Is a teacher at a school of pharmacy; or</text>
      </level>
      <level label="iii">
        <text>Acquires the member’s primary source of income through employment by a school of pharmacy.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <text>Each pharmacist member and each registered pharmacy technician member of the Board shall:</text>
    <level label="1">
      <text>Be skilled and competent in practicing pharmacy; and</text>
    </level>
    <level label="2">
      <text>Have at least 5 years of active pharmacy practice.</text>
    </level>
  </level>
  <level label="c">
    <text>Each consumer member of the Board:</text>
    <level label="1">
      <text>Shall be a member of the general public;</text>
    </level>
    <level label="2">
      <text>May not be or ever have been a pharmacist or in training to become a pharmacist;</text>
    </level>
    <level label="3">
      <text>May not have a household member who is a pharmacist or in training to become a pharmacist;</text>
    </level>
    <level label="4">
      <text>May not participate or ever have participated in a commercial or professional field related to practicing pharmacy;</text>
    </level>
    <level label="5">
      <text>May not have a household member who participates in a commercial or professional field related to practicing pharmacy; and</text>
    </level>
    <level label="6">
      <text>May not have had within 2 years before appointment a substantial financial interest in a person regulated by the Board.</text>
    </level>
  </level>
  <level label="d">
    <text>While a member of the Board, a consumer member may not have a substantial financial interest in a person regulated by the Board.</text>
  </level>
  <level label="e">
    <text>Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution.</text>
  </level>
  <level label="f">
    <level label="1">
      <text>The term of a member is 4 years.</text>
    </level>
    <level label="2">
      <text>The terms of members are staggered as required by the terms provided for members of the Board on July 1, 1981.</text>
    </level>
    <level label="3">
      <text>At the end of a term, a member continues to serve until a successor is appointed and qualifies.</text>
    </level>
    <level label="4">
      <text>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.</text>
    </level>
    <level label="5">
      <text>To the extent practicable, the Governor shall fill any vacancy on the Board within 60 days of the date of the vacancy.</text>
    </level>
    <level label="6">
      <text>A member may not serve more than 2 consecutive full terms.</text>
    </level>
  </level>
  <level label="g">
    <level label="1">
      <text>The Governor may remove a member for incompetence or misconduct.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
</section>
