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10.34.11.00.htm 10.34.11.00. Title 10 MARYLAND DEPARTMENT OF HEALTH Subtitle 34 BOARD OF PHARMACY Chapter 11 Disciplinary Sanctions, Monetary Penalties, and Civil Fines Authority: Health Occupations Article, §1-606, 12-313, 12-314, 12-409, 12-410, 12-601, 12-6B-09, 12-6B-10, 12-6C-11, 12-6D-11, 12-6D-12, and 12-707, Annotated Code of Maryland
10.34.11.01.htm 10.34.11.01. 01 Scope.. This chapter establishes standards for the imposition of disciplinary sanctions, monetary penalties, and civil fines for violations of Health Occupations Article, Title 12, Annotated Code of Maryland.
10.34.11.02.htm 10.34.11.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) “Act” means Health Occupations Article, Title 12, Annotated Code of Maryland.. 2) "Board" means the State Board of Pharmacy.. 3) “Civil fine” means a fine assessed by the Board against a person for practicing without an active license, pharmacy permit, registration, or wholesale distributor permit.4) "License" means, unless the context requires otherwise, a license issued
10.34.11.03.htm 10.34.11.03. 03 Imposition of Disciplinary Sanctions or Monetary Penalties Generally.. A. After a hearing pursuant to Health Occupations Article, §12-315, 12-601, 12-6B-09, or 12-6D-11, Annotated Code of Maryland, the Board may impose a penalty against a pharmacy technician, pharmacy intern, pharmacist, or wholesale distributor permit holder pursuant to Health Occupations Article, §12-314, 12-6B-10, 12-6C-11, or 12-6D-12, Annotated Code of Maryland, instead of or in addition to:
10.34.11.04.htm 10.34.11.04. 04 Guidelines for Imposition of Disciplinary Sanctions or Monetary Penalties on Pharmacists.. 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).
10.34.11.04-1.htm 10.34.11.04-1. 04-1 Guidelines for Imposition of Disciplinary Sanctions or Monetary Penalties on Pharmacy Interns.. 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. False application or registration.
10.34.11.05.htm 10.34.11.05. 05 Guidelines for Imposition of Disciplinary Sanctions or Monetary Penalties on Pharmacy Technicians.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. False application and registration.
10.34.11.06.htm 10.34.11.06. 06 Guidelines for Imposition of Disciplinary Sanctions or Monetary Penalties on Pharmacy 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. Minimum Sanction. Maximum Sanction. Minimum Penalty. Maximum Penalty. False application and registration.
10.34.11.07.htm 10.34.11.07. 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. Minimum Sanction. Maximum Sanction. Minimum Penalty. Maximum Penalty. 1).
10.34.11.08.htm 10.34.11.08. 08 Mitigating and Aggravating Factors to Be Considered in the Assessment of the Sanction and Penalty.A. Depending upon the facts and circumstances of each case, and to the extent that they apply, the Board may consider the following mitigating and aggravating factors in determining whether the sanction in a particular case should fall outside the range of sanctions established by the guidelines. These factors may include, but are not limited to, t1) Mitigating Factors:.
10.34.11.09.htm 10.34.11.09. 09 Civil Fines to Pharmacists, Pharmacy Technicians, and Pharmacy Permit Holders.. A. Practicing on an Expired License. The Board may assess a civil fine against a pharmacist who practices on an expired license in the amount of $1,000 per month of practice past the expiration date of the license, up to a maximum fine of $50,000.B. Working on an Expired Registration. The Board may assess a civil fine against a pharmacy technician or pharmacy intern who works on an expired regi
10.34.11.10.htm 10.34.11.10. 10 Civil Fines to Wholesale Distributor Permit Holders.. A. Operating on an Expired Wholesale Distributor Permit. The Board may assess a civil fine against a permit holder that operates on an expired wholesale distributor permit in the following amount:1) A maximum of $10,000 per month of operation past the expiration date of the permit, if the annual gross receipts in Maryland of the permit holder for the previous tax year were less than $10,000,000, up to a maximum fine o
10.34.11.11.htm 10.34.11.11. 11 Payment of a Penalty.. A. A licensee, registrant, or permit holder shall pay to the Board a penalty imposed under this chapter within 30 days of the date the Board's order is issued, unless the Board's order specifies otherwise.B. Filing an appeal under State Government Article, §10-222, Annotated Code of Maryland, or Health Occupations Article, §12-316, 12-412, or 12-601, Annotated Code of Maryland, does not automatically stay payment of a penalty imposed by the Board purs
10.34.11.9999.htm 10.34.11.9999. Administrative History Effective date: June 4, 1984 (11:11 Md. R. 962). Regulation .01 amended effective January 20, 2003 (30:1 Md. R. 25) January 28, 2008 (35:2 Md. R. 127)Regulation .02 amended effective January 28, 2008 (35:2 Md. R. 127). Regulation .03 amended effective February 19, 1990 (17:3 Md. R. 299) January 20, 2003 (30:1 Md. R. 25)Regulation .03A amended effective January 28, 2008 (35:2 Md. R. 127). Regulation .04 amended effective January 20, 2003 (30:1 Md. R. 25).
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