# COMAR Title 10 — Maryland Department of Health

## Subtitle 34 — Board of Pharmacy

### Chapter 25 — Delivery of Prescriptions

**Authority:** Health Occupations Article, §12-205(a)(3)(ii), Annotated Code of Maryland

**Administrative History:** Effective date: December 10, 2001 (28:24 Md. R. 2128)

**Administrative History:** Regulation .01 amended effective March 1, 2012 (39:1 Md. R. 17)

**Administrative History:** Regulation .02B amended effective March 1, 2012 (39:1 Md. R. 17)

**Administrative History:** Regulation .03 repealed and new Regulation .03 adopted effective March 1, 2012 (39:1 Md. R. 17)

**Administrative History:** Regulation .06 repealed effective March 1, 2012 (39:1 Md. R. 17)

#### Regulation .01 Scope.

*COMAR 10.34.25.01*

This chapter governs the manner in which a Maryland licensed pharmacy delivers filled prescriptions for individual patients by United States Postal Service, common carrier, or delivery service to an address within the State.

#### Regulation .02 Definitions.

*COMAR 10.34.25.02*

A. In this chapter, the following terms have the meaning indicated.

B. Terms Defined.

  (1) “Delivery” means to send a prescription medication from a pharmacy by the United States Postal Service, common carrier, or delivery system to an address within the State.

  (2) Depot.

    (a) “Depot” means a location where filled prescriptions are stored before delivery to the intended patient or the intended patient's authorized agent.

    (b) “Depot” does not include:

      (i) A licensed health care facility;

      (ii) A prescriber's office;

      (iii) The prescription area of a pharmacy as defined by COMAR 10.34.05.01;

      (iv) The United States Postal Service or common carrier's warehouse; or

      (v) A multiple family residence.

  (3) “Patient” means the individual or companion animal for whom a prescription is written and to whom a prescription medication will be administered.

  (4) “Patient profile” means a record of dispensing activity maintained by a pharmacist for a specific patient.

  (5) “Residence” means the street address at which a patient resides.

  (6) “Storage” means the maintenance of a supply of medication before receipt of the medication by the patient or an agent authorized by the patient.

#### Regulation .03 Requirements for Packaging and Delivery of Prescription Medication.

*COMAR 10.34.25.03*

A. Packaging. Prescription medications delivered under this chapter to individuals in the State shall be:

  (1) Enclosed in a container that reveals to the patient any tampering of the container that occurred during delivery or storage;

  (2) Packaged in a shipping container in a manner that does not indicate that the contents are medications;

  (3) Packaged in a manner that indicates:

    (a) The name and address of the patient or authorized agent; and

    (b) Any special storage conditions or requirements; and

  (4) Packaged to contain:

    (a) Written information regarding the prescription drug or device which is considered significant in the professional judgment of the pharmacist;

    (b) A local or toll-free telephone number for the pharmacy; and

    (c) Notification to the patient if the appearance of the patient’s medication has changed from the patient’s last refill.

B. Delivery.

  (1) Location.

    (a) A prescription medication may be delivered to the patient for whom the prescription is prescribed, wherever the patient is located.

    (b) Instead of delivering medication directly to the patient under §B(1)(a) of this regulation, medication may be delivered to:

      (i) An agent authorized by the patient; or

      (ii) The residence of the patient, regardless of whether the patient is present at the residence at the time of delivery.

  (2) The pharmacy permit holder shall:

    (a) Enclose information to inform the patient if the patient’s prescription is a temperature sensitive medication that is at risk for damage due to extreme hot or cold temperatures or moisture:

      (i) During shipment; or

      (ii) After delivery to the patient’s mailbox or other designated location; and

    (b) Inform the patient within 24 hours of being notified of the delay if the scheduled delivery of the patient’s prescription will be interrupted or late.

#### Regulation .04 Depots.

*COMAR 10.34.25.04*

A pharmacy may not knowingly deliver prescription medications to a depot, or establish or cooperate in the establishment of a depot.

#### Regulation .05 Record Keeping.

*COMAR 10.34.25.05*

A. If a patient authorizes delivery of prescription medication to an agent at a location other than the pharmacy, or the patient's residence, the pharmacist shall document the authorization:

  (1) On the prescription;

  (2) In the patient profile; or

  (3) In another record maintained in the pharmacy and established for this purpose.

B. If prescription medication is sent to an agent authorized by the patient at a location other than the patient's residence, or the place of business of the patient's authorized prescriber, the pharmacy shall maintain a record of the:

  (1) Identity of the agent to whom the medication is sent;

  (2) Location where the medication is sent;

  (3) Date and time the medication is sent; and

  (4) Prescription number or description of the medication sent.