Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 4
Subtitle 34 - BOARD OF PHARMACY
Chapter 10.34.11 - Disciplinary Sanctions, Monetary Penalties, and Civil Fines
Section 10.34.11.04 - Guidelines for Imposition of Disciplinary Sanctions or Monetary Penalties on Pharmacists
Current through Register Vol. 51, No. 19, September 20, 2024
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 | Minimum Sanction | Maximum Sanction | Minimum Penalty | Maximum Penalty | |
| (1) | Fraudulently or deceptively obtaining or attempting to obtain a license | Probation for 1 year | Denial of license application or revocation | ||
| (2) | Fraudulently or deceptively using a license | Suspension for 30 days | Revocation | ||
| (3) | Aiding an unauthorized individual to practice pharmacy | Reprimand | Revocation | ||
| (4) | Failure to appropriately supervise a pharmacy intern or pharmacy technician | Reprimand | Probation for 3 years | $250 | $5,000 |
| (5) | Delegating a pharmacy act to an unauthorized individual | Reprimand | Revocation | ||
| (6) | Providing professional services while under the influence of alcohol or drugs | Probation for 6 months | Revocation | ||
| (7) | Submitting a false statement to collect a fee | Reprimand | Revocation | ||
| (8) | Record keeping violation | Probation for 1 year | Active suspension for 5 years | ||
| (9) | Adulteration or misbranding | Probation for 1 year | Revocation | ||
| (10) | Providing or causing to provide any prescription form that bears the name, address, or other means of identification of a pharmacist or pharmacy to any authorized prescriber | Reprimand | Probation for 5 years | ||
| (11) | Providing remuneration to an authorized prescriber for referring an individual to a pharmacist or pharmacy for a product or service | Probation for 1 year | Active suspension for 5 years | ||
| (12) | Knowingly associating as a partner, co-owner, or employee of a pharmacy that is owned wholly or substantially by an authorized prescriber or group of authorized prescribers | Probation for 2 years | Active suspension for 5 years | ||
| (13) | Dispensing any drug, device, or diagnostic for which a prescription is required without a prescription | Reprimand | Revocation | ||
| (14) | Convicted of, or pled guilty to, a felony or crime of moral turpitude | Probation for 2 years | Revocation | ||
| (15) | Reciprocal discipline | Reprimand | Revocation | ||
| (16) | Failure to cooperate in an investigation of the Board or its agent | Probation for 1 year | Revocation | ||
| (17) | Physical or mental incompetence | Probation for 2 years | Revocation | ||
| (18) | Confidentiality violation | Reprimand | Revocation | ||
| (19) | Diversion | Active suspension for 1 year | Revocation | ||
| (20) | Standard of care violation | Reprimand | Revocation | ||
| (21) | Sexual misconduct | Active suspension for 1 year | Revocation | ||
| (22) | Failure to comply with an order of the Board | Probation for 1 year | Revocation | ||
| (23) | Other violation of the Act not specifically enumerated in this chapter | Reprimand | Revocation | ||
B. If a licensee 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 license that has been revoked until at least 5 years have passed from the date of revocation.
