A pharmacist shall: Abide by all federal and State laws relating to the practice of pharmacy and the dispensing, distribution, storage, and labeling of drugs and devices, including but not limited to: United States Code, Title 21, Health-General Article, Titles 21 and 22, Annotated Code of Maryland, Health Occupations Article, Title 12, Annotated Code of Maryland, Criminal Law Article, Title 5, Annotated Code of Maryland, and COMAR 10.19.03; Verify the accuracy of the prescription before dispensing the drug or device if the pharmacist has reason to believe that the prescription contains an error; and Maintain proper sanitation, hygiene, biohazard precautions, and infection control when performing tasks in the prescription process. A pharmacist may not: Engage in conduct which departs from the standard of care ordinarily exercised by a pharmacist; Practice pharmacy under circumstances or conditions which prevent the proper exercise of professional judgment; or Engage in unprofessional conduct. Therapeutic Interchange. A pharmacist may not perform a therapeutic interchange without the prior approval of the authorized prescriber except as provided in §C(2) of this regulation. A pharmacist who provides a pharmacy service to a patient of a hospital, as defined in Health-General Article, §19-301, Annotated Code of Maryland, or a resident of a comprehensive care or extended care facility, as defined in COMAR 10.07.02.01B, may perform a therapeutic interchange without the prior approval of the authorized prescriber if the governing body of the hospital, comprehensive care facility, or extended care facility has established procedures for therapeutic interchange. This section does not permit any act not otherwise authorized by Health Occupations Article, Title 12, Annotated Code of Maryland. A pharmacy technician, pharmacy intern, or a pharmacist may not fraudulently seek or accept compensation for a pharmacy product or service not provided. The pharmacy technician, pharmacy intern, pharmacist, and pharmacy permit holder shall ensure confidentiality in creating, storing, accessing, transferring, and disposing of a patient record. A pharmacy technician, pharmacy intern, or pharmacist may not disclose identifiable information contained in a patient’s medical record: Without the patient's consent; Without order or direction of a court; or Unless the disclosure is authorized pursuant to Health-General Article, §§4-301 — 4-307, Annotated Code of Maryland. A pharmacy technician, pharmacy intern, or a pharmacist shall: Maintain knowledge of the current pharmacy and drug laws and health and sanitation laws relevant to the practice of pharmacy; and Provide a pharmaceutical service only within the scope of the pharmacy technician’s, pharmacy intern’s, or pharmacist’s training and education. Except when the conduct in question includes drug or alcohol abuse or dependency, a pharmacy technician, pharmacy intern, or pharmacist shall report to the Board: Conduct which violates a statute or regulation pertaining to the practice of pharmacy; Conduct by a pharmacy technician, pharmacy intern, or pharmacist that deceives, defrauds, or harms the public; and The unauthorized practice of pharmacy. A pharmacy technician, pharmacy intern, or pharmacist shall report to the pharmacist rehabilitation committee, as defined in Health Occupations Article, §12-317, Annotated Code of Maryland, conduct by a pharmacist technician, pharmacy intern, or pharmacist that involves drug or alcohol abuse or dependency. In the practice of pharmacy, a pharmacy technician, pharmacy intern, or pharmacist may not: Discriminate based on age, gender, race, ethnicity, national origin, religion, sexual orientation, disability, socioeconomic status, or other basis as proscribed by law; or Sexually harass a patient, coworker, employee, or supervisee, which includes but is not limited to an unwanted, deliberate, or repeated comment, gesture, or physical contact of a sexual nature. Sexual Misconduct. A pharmacy technician, pharmacy intern, or pharmacist may not: Dispense or offer to dispense a prescription drug or device in exchange for: A sexual act such as anal intercourse, analingus, cunnilingus, fellatio, or vaginal intercourse as specified in Criminal Law Article, §3-301(e) and (g), Annotated Code of Maryland, or Sexual contact such as the intentional touching of an intimate part of an individual's body, whether clothed or unclothed, for the purpose of sexual arousal, gratification, abuse of either party, or penetration as specified in Criminal Law Article, §3-301(f), Annotated Code of Maryland; or Engage in sexual behavior including but not limited to a sexual act or sexual contact as specified in §B(1)(a) of this regulation, with a client or patient: In the context of a professional evaluation, treatment, procedure, or other service to the client or patient, regardless of the setting in which the professional service is provided, or Under the pretense of diagnostic or therapeutic intent or benefit. Sexual contact does not include an act commonly expressive of familial or friendly affection. A pharmacist may accept the return of a properly labeled and properly sealed manufacturer’s package or individual unit dose of a drug or device that the pharmacist determines to have been handled in a manner which preserves the strength, quality, purity, and identity of the drug or device during an interim period between the sale of the drug or device and its return to the pharmacy. A pharmacist may not: Return to the pharmacy's stock or offer for sale a prescribed drug or device that has been previously sold and has left the pharmacy's possession except as provided in §A of this regulation; or Sell, give away, or otherwise dispose of a drug, drug accessory, chemical, or device if the pharmacist knows or should know that the drug, drug accessory, chemical, or device is to be used in an illegal activity. A pharmacy technician or pharmacy intern may not accept the return of prescription drugs or devices from a patient. If, based on generally accepted professional standards for the practice of pharmacy, a pharmacist has reason to believe, or should have reason to believe, that a prescription for a controlled dangerous substance was not issued for a legitimate medical purpose in the usual course of the prescriber's practice, the pharmacist may not dispense the controlled dangerous substance until the pharmacist: Consults with the prescriber; and Verifies the medical legitimacy of the prescription. If, after consulting with the prescriber, and based on generally accepted professional standards for the practice of pharmacy, a pharmacist has reason to believe that the prescription for a controlled dangerous substance was not issued for a legitimate medical purpose in the usual course of the prescriber's practice, the pharmacist shall: Refuse to dispense the drug; and Report the incident to the regulatory board that licenses the prescriber. The Board may take action to reprimand a licensee, place the licensee on probation, or suspend or revoke the licensee's license if the licensee commits a violation of this chapter. The Board may take action to reprimand a registrant, place the registrant on probation, or suspend or revoke the registrant's registration if the registrant commits a violation of this chapter. The Board may impose a monetary penalty as authorized under Health Occupations Article, §§12-314, 12-410, and 12-6B-10, Annotated Code of Maryland. In this regulation, “owned wholly or substantially” means ownership of 10 percent or more of a pharmacy. A pharmacist may not associate as a partner, coowner, or employee of a pharmacy that is owned wholly or substantially by an authorized prescriber or group of authorized prescribers. Health Occupations Article, §§1-212, 12-205, and 12-601, Annotated Code of Maryland Effective date: August 3, 1981 (8:15 Md. R. 1307) Regulation .01 amended effective February 19, 1990 (17:3 Md. R. 299) Chapter, Standards of Pharmacy Practice, repealed and new chapter, Pharmacist Code of Conduct, adopted effective July 12, 1999 (26:14 Md. R. 1082) Regulation .01 amended effective November 12, 2001 (28:22 Md. R. 1937) Regulation .02 amended effective January 28, 2008 (35:2 Md. R. 127); July 1, 2015 (42:7 Md. R. 569) Regulation .03 amended effective January 28, 2008 (35:2 Md. R. 127); July 1, 2015 (42:7 Md. R. 569) Regulation .04 amended effective January 28, 2008 (35:2 Md. R. 127); July 1, 2015 (42:7 Md. R. 569) Regulation .05 amended effective January 28, 2008 (35:2 Md. R. 127); July 1, 2015 (42:7 Md. R. 569) Regulation .06A, B amended effective January 28, 2008 (35:2 Md. R. 127); July 1, 2015 (42:7 Md. R. 569) Regulation .07A, C amended effective July 1, 2015 (42:7 Md. R. 569) Regulation .07C adopted effective January 28, 2008 (35:2 Md. R. 127) Regulation .09 amended effective January 28, 2008 (35:2 Md. R. 127) Regulation .10 adopted effective February 1, 2016 (43:2 Md. R. 127)