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§ 12-307. Practice of pharmacy, authorized activities

West's Annotated Code of MarylandHealth OccupationsEffective: April 24, 2023

West's Annotated Code of Maryland
Health Occupations (Refs & Annos)
Title 12. Pharmacists and Pharmacies (Refs & Annos)
Subtitle 3. Licensing (Refs & Annos)
Effective: April 24, 2023
MD Code, Health Occupations, § 12-307
§ 12-307. Practice of pharmacy, authorized activities
Currentness
In general
(a) A license authorizes the licensee to practice pharmacy while the license is effective.
Pharmacy permit
(b) 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.
Exceptions to pharmacy permit
(c)(1) 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.
(2) 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.
Delegation of duties
(d) A licensed pharmacist may delegate pharmacy acts to a registered pharmacy technician, pharmacy student, or pharmacy technician trainee only if the delegated pharmacy acts:
(1) Are directly supervised by a licensed pharmacist;
(2) Are not required to be performed by a licensed pharmacist;
(3) Are within the education, training, experience, and area of practice of the delegating licensed pharmacist; and
(4) Are appropriate to the education, training, and experience of the registered pharmacy technician, pharmacy student, or pharmacy technician trainee.
Delegation to be performed at remote location
(e) 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:
(1) The registered pharmacy technician or registered pharmacy intern has immediate electronic access to a pharmacist who can provide assistance as needed; and
(2) The data entry:
(i) Is not required to be performed by a licensed pharmacist;
(ii) Is within the education, training, experience, and area of practice of the delegating licensed pharmacist;
(iii) Is appropriate to the education, training, and experience of the registered pharmacy technician or the registered pharmacy intern; and
(iv) 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.

Credits

Added by Acts 1981, c. 8, § 2, eff. July 1, 1981. Amended by Acts 1990, c. 6, § 11, eff. Feb. 16, 1990; Acts 1997, c. 614, § 1, eff. Oct. 1, 1997; Acts 2006, c. 523, § 3, eff. July 1, 2006; Acts 2008, c. 215, § 1, eff. June 1, 2008; Acts 2008, c. 216, § 1, eff. June 1, 2008; Acts 2023, c. 218, § 1, eff. April 24, 2023.
MD Code, Health Occupations, § 12-307, MD HEALTH OCCUP § 12-307
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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