Md. Code, Health Occ. § 12-307

Current with changes from the 2024 legislative session from Chs. 2 through 1049, effective on or before 6/1/2024
Section 12-307 - Scope of license; pharmacy permits; exceptions
(a) A license authorizes the licensee to practice pharmacy while the license is effective.
(b) Except as otherwise provided in this section, a pharmacist may engage in dispensing or distributing only from a pharmacy holding a pharmacy permit issued by the Board.
(c)
(1) Pursuant to regulations adopted by the Board, a licensed pharmacist may engage in dispensing or distributing from a setting not holding a pharmacy permit only upon receiving the prior approval of the Board.
(2) The Board shall adopt regulations that authorize a pharmacist to dispense or distribute from a remote location for the benefit of a health care facility that uses a remote automated medication system in accordance with § 12-605 of this title.
(d) A licensed pharmacist may delegate pharmacy acts to a registered pharmacy technician, pharmacy student, or pharmacy technician trainee only if the delegated pharmacy acts:
(1) Are directly supervised by a licensed pharmacist;
(2) Are not required to be performed by a licensed pharmacist;
(3) Are within the education, training, experience, and area of practice of the delegating licensed pharmacist; and
(4) Are appropriate to the education, training, and experience of the registered pharmacy technician, pharmacy student, or pharmacy technician trainee.
(e) A licensed pharmacist may delegate the entry of prescription-related data into databases or patient charts to be performed at a remote location to a registered pharmacy technician or a registered pharmacy intern if:
(1) The registered pharmacy technician or registered pharmacy intern has immediate electronic access to a pharmacist who can provide assistance as needed; and
(2) The data entry:
(i) Is not required to be performed by a licensed pharmacist;
(ii) Is within the education, training, experience, and area of practice of the delegating licensed pharmacist;
(iii) Is appropriate to the education, training, and experience of the registered pharmacy technician or the registered pharmacy intern; and
(iv) If the data entry involves access to protected patient information under the federal Health Insurance Portability and Accountability Act of 1996, can be performed in a manner that maintains the confidentiality of patient information.

Md. Code, HO § 12-307

Amended by 2023 Md. Laws, Ch. 218, Sec. 1, eff. 4/24/2023.