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. 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. This section does not apply to a registered pharmacy intern practicing under the direct supervision of a licensed pharmacist.

To qualify for a license, an applicant shall be an individual who meets the requirements of this section. The applicant shall be of good moral character. The applicant shall be at least 18 years old. The applicant shall submit to a criminal history records check in accordance with § 12–302.1 of this subtitle. The applicant shall: 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 Have completed the professional experience program that the Board requires. Except as otherwise provided in this title, the applicant shall pass an examination given by the Board under this subtitle. 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. 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. 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. 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. 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. 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. 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.

In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services. An applicant shall apply to the Central Repository for a State and national criminal history records check. As part of the application for a criminal history records check, an applicant shall complete and submit to the Central Repository: 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; The fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and The mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check. 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. Information obtained from the Central Repository under this section: Is confidential; May not be redisseminated; and May be used only for the licensing purpose authorized by this title. 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. 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.

To apply for a license, an applicant shall: Submit an application to the Board on the form that the Board requires; Pay the application fees set by the Board; and Submit to a criminal history records check in accordance with § 12–302.1 of this subtitle. An application shall be signed and verified by the applicant as to completion of the required professional experience program.

An applicant who otherwise qualifies for a license is entitled to be examined as provided in this section. The Board shall give examinations to applicants at least twice a year, at the times and places that the Board determines. The Board shall notify each qualified applicant of the time and place of examination. The Board shall determine the subjects, scope, form, and passing score for examinations given under this subtitle.

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. The Board may grant a waiver under this section only if the applicant: Is of good moral character; Pays the application fees set by the Board; and Provides adequate evidence that the applicant: Meets the qualifications otherwise required by this title; and Became licensed or registered in the other state to practice pharmacy only after passing an examination that is approved by the Board. The Board shall adopt by regulation an examination to be administered to applicants who are licensed to practice pharmacy in any other state.

The Board shall issue a license to any applicant who meets the requirements of this title. 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: The age at which the crime was committed; The circumstances surrounding the crime; The length of time that has passed since the crime; Subsequent work history; Employment and character references; and Other evidence that demonstrates whether the applicant poses a threat to the public health or safety. 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.

A license authorizes the licensee to practice pharmacy while the license is effective. 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. 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. 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. A licensed pharmacist may delegate pharmacy acts to a registered pharmacy technician, pharmacy student, or pharmacy technician trainee only if the delegated pharmacy acts: Are directly supervised by a licensed pharmacist; Are not required to be performed by a licensed pharmacist; Are within the education, training, experience, and area of practice of the delegating licensed pharmacist; and Are appropriate to the education, training, and experience of the registered pharmacy technician, pharmacy student, or pharmacy technician trainee. 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: The registered pharmacy technician or registered pharmacy intern has immediate electronic access to a pharmacist who can provide assistance as needed; and The data entry: Is not required to be performed by a licensed pharmacist; Is within the education, training, experience, and area of practice of the delegating licensed pharmacist; Is appropriate to the education, training, and experience of the registered pharmacy technician or the registered pharmacy intern; and 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.

A license expires on the date set by the Board unless it is renewed for an additional term as provided in this section. A license may not be renewed for a term longer than 2 years. 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. 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. 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. A renewal notice sent under this subsection shall state: The date on which the current license expires; 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 The amount of the renewal fee. Before the license expires, the licensee periodically may renew it for an additional term set by the Board in its regulations, if the licensee: Otherwise is entitled to be licensed; Pays to the Board a renewal fee set by the Board; and Submits to the Board: A renewal application on the form that the Board requires; and Satisfactory evidence of compliance with the continuing education requirements set under this subtitle for license renewal. 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. The Board shall renew the license of and issue a renewal certificate to each licensee who meets the requirements of this section.

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. 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. 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. The Board shall evaluate and approve programs of continuing pharmaceutical education submitted to the Board by the person who intends to offer the program. 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. 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. Each program of continuing pharmaceutical education submitted to the Board of Pharmacy for approval shall: Have a definite stated objective; Be presented in an organized manner by a qualified instructor or resource person; and Include a method of program evaluation that is suitable to the type of program being presented. Each person who offers a program of continuing pharmaceutical education shall: Provide a means for registration by the participants; Maintain a record of participation for at least 3 years; and Furnish each participant with adequate documentation of satisfactory completion of the program, including: The name of the participant; The name of the sponsor; The type of program completed; The number of continuing education hours or units completed; and The date of completion. For purposes of evaluation, members of the Board may attend and participate in any continuing pharmaceutical education program approved for credit. 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. The Board shall adopt regulations that are necessary to carry out the purposes of this section. Any continuing education program that is currently approved by the American Council on Pharmaceutical Education automatically qualifies for continuing education credit.

The Board shall reinstate the license of a pharmacist whose license has been expired for less than 2 years, if the pharmacist: Meets the renewal and reinstatement requirements set by rule and regulation of the Board; and Pays to the Board the reinstatement fee set by the Board. The Board shall reinstate the license of a pharmacist whose license has been expired for 2 years or more if the pharmacist: Meets the reinstatement requirements established by the Board in its rules or regulations; Satisfies the requirements of subsection (a) of this section; and Submits to a criminal history records check in accordance with § 12–302.1 of this subtitle.

Each licensee shall display the license conspicuously in the office or place of business of the licensee.

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. 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.

In this section, “convicted” includes a determination of guilt, a guilty plea, or a plea of nolo contendere followed by a sentence. 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: Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another; Fraudulently or deceptively uses a license; 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; Delegates pharmacy acts to an unauthorized individual; Provides professional services while: Under the influence of alcohol; or 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; Submits a false statement to collect a fee; Willfully makes or files a false report or record as part of practicing pharmacy; Willfully fails to file or record any report that is required by law; Willfully impedes or obstructs the filing or recording of any report that is required by law; Willfully induces another to fail to file or record any report that is required by law; 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; 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; Agrees with an authorized prescriber, a registered pharmacy intern, or registered pharmacy technician to prepare or dispense a secret formula prescription; 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; Dispenses any drug, device, or diagnostic for which a prescription is required without a written, oral, or electronically transmitted prescription from an authorized prescriber; 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; Violates any provision of § 12–505 of this title, which concerns the labeling requirements for prescriptions for drugs, devices, or diagnostics; Violates any provision of § 12–603 of this title, which concerns the home dialysis distribution program; Advertises or otherwise publicly claims to dispense prescriptions or practice pharmacy in a superior manner; Advertises in a manner that tends to deceive or defraud the public; Is professionally, physically, or mentally incompetent; 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; Is convicted of a violation of this title; 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; Violates any rule or regulation adopted by the Board; 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; Violates any provision of § 12–507 of this title; 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; Fails to cooperate with a lawful investigation conducted by the Board or the Office of Controlled Substances Administration; 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; 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; Fails to dispense or dispose of prescription drugs or medical supplies in accordance with Title 15, Subtitle 6 of the Health – General Article; or Fails to appropriately supervise a registered pharmacy intern. The Board shall revoke the license of a licensee who is convicted under § 5–702 of the Criminal Law Article. 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.

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: Instead of reprimanding the licensee, placing the licensee on probation, or suspending or revoking the license; or In addition to reprimanding the licensee, placing the licensee on probation, or suspending or revoking the license. The Board shall adopt rules and regulations to set standards for the imposition of penalties under this section. The Board shall pay any penalty collected under this section into the General Fund of this State.

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. The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act. 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. The individual may be represented at the hearing by counsel. 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. 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. 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. 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. 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. 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: The proceedings, records, or files of the Board or any of its investigatory bodies are not discoverable and are not admissible in evidence; and Any order passed by the Board is not admissible in evidence. 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.

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. 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.

In this section, “pharmacist rehabilitation committee” means a group that: Includes at least one pharmacist; and Is recognized by the Board. 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. 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. 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. For purposes of this subsection, civil action does not include a proceeding before the Board or judicial review of a proceeding before the Board. 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.

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. A pharmacy review committee shall: Evaluate and seek to improve the quality of pharmaceutical care provided by providers of pharmaceutical care; Evaluate the need for and the level of performance of pharmaceutical care provided by providers of pharmaceutical care; Evaluate the qualifications, competence, and performance of providers of pharmaceutical care; or Evaluate and act on matters that relate to the discipline of any provider of pharmaceutical care. This subsection does not apply to: 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 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. 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. 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.

An action may be maintained in the name of this State or the Board to enjoin: The unauthorized practice of pharmacy; or Conduct that is a ground for disciplinary action under § 12-313 of this subtitle or § 12-6B-09 of this title. An action may be brought by: The Board, in its own name; The Attorney General, in the name of the State; or The State’s Attorney, in the name of the State. An action under this section shall be brought in the county where the defendant resides or engages in the actions sought to be enjoined. 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. 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.

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. 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: Consented to submit to an examination under this section, if requested by the Board in writing; and Waived any claim of privilege as to the testimony or examination reports of a health care provider. 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. The Board shall pay the cost of any examination made under this section.