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 10.34.11.06 - Guidelines for Imposition of Disciplinary Sanctions or Monetary Penalties on Pharmacy Permit Holder
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 | |||
| (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.
