Md. Code Regs. 10.34.11.06

Current through Register Vol. 51, No. 12, June 14, 2024

Section 10.34.11.06 - Guidelines for Imposition of Disciplinary Sanctions or Monetary Penalties on Pharmacy Permit Holder

A. Subject to the provisions of this chapter, the Board may impose the following sanctions and, if appropriate, penalties for violations of the Act and its regulations according to the minimum and maximum sanctions and penalties set forth in the following categories:

Violation
(1)	False application and registration	Suspension for 30 days	Denial of permit application or revocation
(2)	Misrepresenting a permit	Active suspension for 1 year	Revocation
(3)	Failure to notify the Board of closing	N/A	N/A
(4)	Failure to notify the Board of a change in ownership	Suspension for 30 days	Revocation
(5)	Failure to maintain necessary equipment and appliances	Suspension for 30 days	Revocation
(6)	Failure to keep pharmacy clean and orderly	Suspension for 30 days	Active suspension for 6 months
(7)	Failure to maintain proper security	Suspension for 30 days	Revocation
(8)	Employing unlicensed or unregistered personnel	Suspension for 30 days	Revocation
(9)	Reciprocal discipline	Suspension for 30 days	Revocation
(10)	Failure to cooperate in Board or Division of Drug Control investigation	Suspension for 30 days	Revocation
(11)	Failure to store drugs or devices in accordance with Board regulations	Suspension for 30 days	Revocation
(12)	Failure to have a pharmacist on the premises at all times the pharmacy is operational	Suspension for 30 days	Revocation
(13)	Record keeping violation	Suspension for 30 days	Active suspension for 1 year
(14)	Standard of practice violation	Suspension for 30 days	Revocation
(15)	Purchasing prescription drugs from an unlicensed wholesale distributor	Suspension for 30 days	Revocation
(16)	Other violation of the Act not specifically enumerated in this chapter	Suspension for 30 days	Revocation

B. If a pharmacy permit holder is found in violation of more than one category enumerated in this regulation, the category or categories containing the highest maximum sanction and penalty shall control.

C. A departure from the guidelines set forth in this regulation, on its own, is not grounds for any hearing or appeal of a Board action.

D. The Board may not consider a petition for reinstatement of a pharmacy permit that has been revoked until at least 5 years have passed from the date of revocation.

Md. Code Regs. 10.34.11.06

Regulation .06 amended effective January 28, 2008 (35:2 Md. R. 127)
Regulation .06C, D amended and .06E, F adopted effective January 20, 2003 (30:1 Md. R. 25)
Regulations .06 adopted effective December 24, 2012 (39:25 Md. R. 1613)