.02 Pharmacies Issued a Waiver Permit.

A. A pharmacy that is issued a waiver permit by the Board under Health Occupations Article, §12–403(c), Annotated Code of Maryland, may engage in wholesale distribution, provided that:

(1) The waiver pharmacy only engages in wholesale distribution with another pharmacy; and

(2) The wholesale distribution business does not exceed 5 percent of the waiver pharmacy’s annual sales.

B. Record Keeping Requirements. A waiver pharmacy that conducts wholesale distribution as set forth in §A of this regulation shall:

(1) Maintain records of the waiver pharmacy’s wholesale distribution separately from its other records; and

(2) Make records of wholesale distribution available for inspection by the Board.