§ 12-102. Scope of title

   (a) Definitions. --

   (1) In this section the following terms have the meanings indicated.

   (2) "In the public interest" means the dispensing of drugs or devices by a licensed dentist, physician, or podiatrist to a patient when a pharmacy is not conveniently available to the patient.

   (3) "Personally preparing and dispensing" means that the licensed dentist, physician, or podiatrist:

      (i) Is physically present on the premises where the prescription is filled; and

      (ii) Performs a final check of the prescription before it is provided to the patient.

(b) In general. -- This title does not limit the right of an individual to practice a health occupation that the individual is authorized to practice under this article.

(c) Preparing of prescriptions by licensed veterinarian, dentist, physician, etc. -- This title does not prohibit:

   (1) A licensed veterinarian from personally preparing and dispensing the veterinarian's prescriptions;

   (2) A licensed dentist, physician, or podiatrist from personally preparing and dispensing the dentist's, physician's, or podiatrist's prescriptions when:

      (i) The dentist, physician, or podiatrist:

         1. Has applied to the board of licensure in this State which licensed the dentist, physician, or podiatrist;

         2. Has demonstrated to the satisfaction of that board that the dispensing of prescription drugs or devices by the dentist, physician, or podiatrist is in the public interest;

         3. Has received a written permit from that board to dispense prescription drugs or devices except that a written permit is not required in order to dispense starter dosages or samples without charge; and

         4. Posts a sign conspicuously positioned and readable regarding the process for resolving incorrectly filled prescriptions or includes written information regarding the process with each prescription dispensed;

      (ii) The person for whom the drugs or devices are prescribed is a patient of the prescribing dentist, physician, or podiatrist;

      (iii) The dentist, physician, or podiatrist does not have a substantial financial interest in a pharmacy; and

      (iv) The dentist, physician, or podiatrist:

         1. Complies with the dispensing and labeling requirements of this title;

         2. Records the dispensing of the prescription drug or device on the patient's chart;

         3. Allows the Division of Drug Control to enter and inspect the dentist's, physician's, or podiatrist's office at all reasonable hours and in accordance with § 12-102.1 of this subtitle;

         4. On inspection by the Division of Drug Control, signs and dates an acknowledgment form provided by the Division of Drug Control relating to the requirements of this section;

         5. Except for starter dosages or samples without charge, provides the patient with a written prescription, maintains prescription files in accordance with § 12-403(b)(13) of this title, and maintains a separate file for Schedule II prescriptions;

         6. Does not direct patients to a single pharmacist or pharmacy in accordance with § 12-403(b)(8) of this title;

         7. Does not receive remuneration for referring patients to a pharmacist or pharmacy;

         8. Complies with the child resistant packaging requirements regarding prescription drugs under Title 22, Subtitle 3 of the Health - General Article;

         9. Complies with drug recalls;

         10. Maintains biennial inventories and complies with any other federal and State record-keeping requirements relating to controlled dangerous substances;

         11. Purchases prescription drugs from a pharmacy or wholesale distributor who holds a permit issued by the Board of Pharmacy, as verified by the Board of Pharmacy;

         12. Annually reports to the respective board of licensure whether the dentist, physician, or podiatrist has personally prepared and dispensed prescription drugs within the previous year; and

         13. Completes ten continuing education credits over a 5-year period relating to the preparing and dispensing of prescription drugs, offered by the Accreditation Council for Pharmacy Education (ACPE) or as approved by the Secretary, in consultation with each respective board of licensure, as a condition of permit renewal; or

   (3) A hospital-based clinic from dispensing prescriptions to its patients.

(d) Dispensing drug samples. -- This title does not prohibit:

   (1) A licensed veterinarian from personally dispensing a drug or device sample to a patient of the veterinarian; or

   (2) A licensed dentist, licensed physician, or licensed podiatrist from personally dispensing a drug or device sample to a patient of the licensed dentist, licensed physician, or licensed podiatrist if:

      (i) The sample complies with the labeling requirements of § 12-505 of this title;

      (ii) No charge is made for the sample; and

      (iii) The authorized prescriber enters an appropriate record in the patient's chart.

(e) Administering prescription drugs. --

   (1) This title does not prohibit a dentist, physician, or podiatrist from administering a prescription drug or device in the course of treating a patient.

   (2) For the purposes of paragraph (1) of this subsection, "administering" means the direct introduction of a single dosage of a drug or device at a given time, whether by injection or other means, and whether in liquid, tablet, capsule, or other form.

(f) Dispensing starter dosage of prescription drugs. --

   (1) This title does not prohibit a dentist, physician, or podiatrist from personally dispensing a starter dosage of a prescription drug or device to a patient of the dentist, physician, or podiatrist, provided that:

      (i) The starter dosage complies with the labeling requirements of § 12-505 of this title;

      (ii) No charge is made for the starter dosage; and

      (iii) The dentist, physician, or podiatrist enters an appropriate record on the patient's chart.

   (2) For the purposes of paragraph (1) of this subsection, "starter dosage" means an amount of drug or device sufficient to begin therapy:

      (i) Of short duration of 72 hours or less; or

      (ii) Prior to obtaining a larger quantity of the drug or device to complete the therapy.

(g) Dispensing drugs at certain medical facilities or clinics. -- This title does not prohibit a dentist, physician, or podiatrist from dispensing a prescription drug or device in the course of treating a patient:

   (1) At a medical facility or clinic that is operated on a nonprofit basis;

   (2) At a health center that operates on a campus of an institution of higher education; or

   (3) At a public health facility, a medical facility under contract with a State or local health department, or a facility funded with public funds.

(h) Nonprescription sales by general merchants. -- This title does not limit the right of a general merchant to sell:

   (1) Any nonprescription drug or device;

   (2) Any commonly used household or domestic remedy; or

   (3) Any farm remedy or ingredient for a spraying solution, in bulk or otherwise.

(i) Reports. -- The Board of Pharmacy, the Board of Dental Examiners, the Board of Physicians, and the Board of Podiatric Medical Examiners annually shall report to the Division of Drug Control:

   (1) The names and addresses of its licensees who are authorized to personally prepare and dispense prescription drugs; and

   (2) The names and addresses of its licensees who have reported, in accordance with subsection (c)(2)(iv)12 of this section, that they have personally prepared and dispensed prescription drugs within the previous year.

(j) Violations; penalty. -- A dentist, physician, or podiatrist who fails to comply with the provisions of this section governing the dispensing of prescription drugs or devices shall:

   (1) Have the dispensing permit revoked; and

   (2) Be subject to disciplinary actions by the appropriate licensing board.

HISTORY: An. Code 1957, art. 43, § 249, 271; 1981, ch. 8, § 2; 1986, ch. 691, § 1, 2; 1987, ch. 11, § 1; 1989, ch. 608; 1990, ch. 6, § 11; 1991, ch. 21, § 3; 1997, ch. 614; 1998, ch. 21, § 1; 2009, ch. 45; 2012, ch. 267; 2013, ch. 184.