Maryland Health Occupations Section 12-409

Article - Health Occupations

§ 12-409.

      (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 subsection.

            (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(d) through (g) of this subtitle.

            (3)      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 conduct which causes harm or injury to a person in this State only if:

                  (i)      The Board has referred the matter to the regulatory or licensing agency in the state in which the pharmacy is located; and

                  (ii)      The regulatory or licensing agency fails to initiate an investigation within 45 days of receipt of the referral.

            (4)      The Board shall accept as the final disposition the decision of the regulatory or licensing agency in the state where the nonresident pharmacy is located if:

                  (i)      The regulatory or licensing agency in the state where the nonresident pharmacy is located initiates an investigation within 45 days of the referral; and

                  (ii)      All relevant information acquired by the regulatory or licensing agency in the state where the nonresident pharmacy is located is provided to the Board within a reasonable period.



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