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Section 12-401 – Pharmacy Permit Required

    (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.

Section 12-402 – Qualifications of Applicants

    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.

Section 12-403 – Required Standards

    (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, […]

Section 12-404 – Application for Pharmacy Permits

    (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 […]

Section 12-405 – Issuance of Pharmacy Permit; Notice of Denial

    (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.

Section 12-406 – Scope of Pharmacy Permit

    (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 […]

Section 12-407 – Term and Renewal of Pharmacy Permits

    (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 […]

Section 12-409 – Suspensions and Revocations — Grounds

    (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 […]

Section 12-410 – Penalty Instead of Suspension or in Addition to Suspension or Revocation

    (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 […]

Section 12-411 – Hearings

    (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 […]

Section 12-412 – Review

    (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 […]

Section 12-413 – Entry and Inspection

    (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 […]