Md. Code Regs. 10.34.11.07

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

Section 10.34.11.07 - Guidelines for Imposition of Disciplinary Sanctions or Monetary Penalties on Wholesale Distributor 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	Probation for 1 year	Denial of permit application or revocation
(2)	Operating without a necessary permit	Probation for 1 year	Revocation
(3)	Record keeping violation	Reprimand	Active suspension for 5 years
(4)	Failure to cooperate in an inspection or investigation by the Board or its agent	Reprimand	Revocation
(5)	Receiving, creating, or distributing altered, misbranded, or counterfeit drugs or devices	Reprimand	Revocation
(6)	Pedigree violation	Probation for 1 year	Revocation
(7)	Purchasing, receiving, selling, or transferring prescription drugs or devices to or from and unlicensed source	Probation for 1 year	Revocation
(8)	Providing false or fraudulent documents or statements to the Board	Active suspension for 1 year	Revocation
(9)	Distributing or receiving drugs or devices that were purchased by a public or private hospital or other health care entity	Probation for 2 years	Revocation
(10)	Distributing or receiving drugs or devices that were stolen or obtained by fraud or deceit	Probation for 3 years	Revocation
(11)	Convicted of, or pled guilty to, a felony or crime of moral turpitude	Probation for 2 years	Denial of permit application or revocation
(12)	Convicted of, or pled guilty to, a violation of federal, state, or local drug or device law or regulation	Reprimand	Denial of permit application or revocation
(13)	Distributing a prescription drug or device that was previously dispensed by a pharmacy or distributed by a practitioner	Active suspension for 2 years	Revocation
(14)	Failure to report prohibited acts	Reprimand	Revocation
(15)	Reciprocal discipline	Reprimand	Revocation
(16)	Failure to comply with conditions of probation	Probation for 1 year	Revocation
(17)	Other violation of the Act not specifically enumerated in this chapter	Reprimand	Revocation

B. If a wholesale distributor 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 wholesale distributor permit that has been revoked until at least 5 years have passed from the date of revocation.

Md. Code Regs. 10.34.11.07

Regulation .07B amended effective February 19, 1990 (17:3 Md. R. 299)
Regulation .07B, D amended effective January 20, 2003 (30:1 Md. R. 25)
Regulation .07C amended effective January 28, 2008 (35:2 Md. R. 127)
Regulations .07 adopted effective December 24, 2012 (39:25 Md. R. 1613)