Current with changes from the 2024 Legislative Session
Section 5-701 - Dispensing prescription drug(a) Sections 5-701 through 5-704 of this subtitle apply to:(1) the sale of prescription drugs by a manufacturer, wholesale distributor, retail pharmacist, or jobber to a person not legally qualified or authorized to purchase and hold prescription drugs for use or resale; and(2) an authorized provider's assistant who is not licensed to administer prescription drugs.(b) A person may not dispense a prescription drug except:(1) on an authorized provider's: (i) electronic prescription;(ii) written prescription; or(iii) oral prescription that the pharmacist reduces to writing and files; or(2) by refilling a written prescription, an electronic prescription, or an oral prescription that is authorized: (i) by the authorized provider in the original prescription; or(ii) by oral direction that the pharmacist reduces to writing and files.(c) A person may not dispense a prescription drug by filling or refilling a written prescription, an electronic prescription, or an oral prescription of an authorized provider unless the drug bears a label that, in addition to any requirements of the Department or federal law, contains:(1) the name and address of the dispenser;(2) the serial number and date of the prescription;(3) the name of the authorized provider; and(4) if stated in the prescription, the name and address of the patient and the directions for use.(d) Except as otherwise provided under this title, a person may not: (1) manufacture, distribute, or possess with intent to distribute a prescription drug;(2) affix a false or counterfeit label to a package, container, or other receptacle containing a prescription drug;(3) omit, remove, alter, or obliterate a label or symbol that is required by federal, State, or local law on a prescription drug; or(4) obtain or attempt to obtain a prescription drug by: (i) fraud, deceit, or misrepresentation;(ii) the counterfeiting or altering of a prescription or written order;(iii) concealing a material fact;(iv) using a false name or address;(v) falsely assuming the title of or falsely representing that the person is a manufacturer, distributor, or authorized provider; or(vi) making or issuing a false or counterfeit prescription or written order.(e) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $1,000 or both.Amended by 2020 Md. Laws, Ch. 230, Sec. 1, eff. 1/1/2022.Amended by 2020 Md. Laws, Ch. 229, Sec. 1, eff. 1/1/2022.