Title 12. Pharmacists and Pharmacies — Subtitle 4. Pharmacy Permits
Statutes in effect as of October 1, 2026.
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.