10.13.01.04

.04 Dispensing Requirements.

A. A licensee shall submit an application to the appropriate Board on the form that the Board requires.

B. A licensee may not dispense prescription drugs until a written permit is received from the appropriate Board, except that a written permit is not required in order to dispense starter dosages or samples provided without charge.

C. A licensee shall dispense prescription drugs only to the patients of the licensee.

D. A licensee shall comply with the labeling requirements of Health Occupations Article, §12-509, Annotated Code of Maryland.

E. A licensee shall record the dispensing of the prescription drug on the patient's chart.

F. A licensee may not have a substantial financial interest in a pharmacy.

G. A licensee shall allow the Division of Drug Control to enter and inspect the licensee's office at all reasonable hours.

H. A licensee shall, except for starter dosages or samples provided without charge, provide the patient with a written prescription.

I. A licensee shall maintain a separate file for Schedule II prescriptions. All other prescriptions shall be kept:

(1) In another file; and

(2) For 5 years.

J. A licensee shall dispense prescription drugs to a patient only when a pharmacy is not conveniently available to the patient. The decision whether a pharmacy is conveniently available shall be made by the patient based upon factors to be determined solely in the discretion of the patient.

K. A licensee shall maintain a single form in each patient's chart for each patient to whom prescription drugs are dispensed. At a minimum, the form shall:

(1) Indicate that a pharmacy is not conveniently available to the patient;

(2) State that the determination that a pharmacy is not conveniently available was made solely by the patient; and

(3) Be signed and dated by the patient before dispensing prescription drugs to the patient for the first time.

L. A licensee shall display prominently a sign which informs the patient that prescription drugs can be purchased from the permit holder if the patient determines that a pharmacy is not conveniently available to the patient.