Md. Code Regs. 10.34.11.09

Current through Register Vol. 51, No. 24, December 2, 2024

Section 10.34.11.09 - Civil Fines to Pharmacists, Pharmacy Technicians, Pharmacy Interns, 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 registration in the amount of $25 per month of practice past the expiration date of the registration, up to a maximum fine of $250.

C. Operating a Pharmacy on an Expired Permit. The Board may assess a civil fine against a permit holder that operates a pharmacy on an expired permit in the amount of $5,000 per month of operation past the expiration date of the permit, up to a maximum fine of $50,000.

D. Practicing or Operating Without a License, Registration, or Pharmacy Permit.

(1) The Board may assess a civil fine of no less than $5,000 and no more than $50,000 against:

(a) An individual who practices pharmacy without a license; or

(b) An individual or entity that operates a pharmacy without a permit.

(2) The Board may assess a civil fine of no less than $250 and no more than $50,000 against an individual who works as an unregistered pharmacy technician or unregistered pharmacy intern .

(3) Factors in determining the amount of a fine include, but are not limited to, the following:

(a) The extent to which the individual or entity derived any financial benefit from the unauthorized practice or operation;

(b) The willfulness of the unauthorized practice or operation;

(c) Actual or potential public harm caused by the unauthorized practice or operation; and

(d) The length of time in which the individual or entity engaged in the unauthorized practice or operation.

Md. Code Regs. 10.34.11.09

Regulations .09 adopted effective December 24, 2012 (39:25 Md. R. 1613)
Regulations .09 amended effective 42:7 Md. R. 569, eff.7/1/2015