Section 5-701 - Dispensing prescription drug.
§ 5-701. Dispensing prescription drug.
(a) Scope of section.- Sections 5-701 through 5-704 of this subtitle apply to:
(1) the sale of prescription drugs by a manufacturer, wholesale distributor, retail pharmacist, or jobber to a person not legally qualified or authorized to purchase and hold prescription drugs for use or resale; and
(2) an authorized provider's assistant who is not licensed to administer prescription drugs.
(b) Prohibited - Dispensing not on prescription.- A person may not dispense a prescription drug except:
(1) on an authorized provider's:
(i) written prescription; or
(ii) oral prescription that the pharmacist reduces to writing and files; or
(2) by refilling a written or oral prescription that is authorized:
(i) by the authorized provider in the original prescription; or
(ii) by oral direction that the pharmacist reduces to writing and files.
(c) Same - Without required label.- A person may not dispense a prescription drug by filling or refilling a written or oral prescription of an authorized provider unless the drug bears a label that, in addition to any requirements of the Department or federal law, contains:
(1) the name and address of the dispenser;
(2) the serial number and date of the prescription;
(3) the name of the authorized provider; and
(4) if stated in the prescription, the name and address of the patient and the directions for use.
(d) Other prohibited acts.- Except as otherwise provided under this title, a person may not:
(1) manufacture, distribute, or possess with intent to distribute a prescription drug;
(2) affix a false or counterfeit label to a package, container, or other receptacle containing a prescription drug;
(3) omit, remove, alter, or obliterate a label or symbol that is required by federal, State, or local law on a prescription drug; or
(4) obtain or attempt to obtain a prescription drug by:
(i) fraud, deceit, or misrepresentation;
(ii) the counterfeiting or altering of a prescription or written order;
(iii) concealing a material fact;
(iv) using a false name or address;
(v) falsely assuming the title of or falsely representing that the person is a manufacturer, distributor, or authorized provider; or
(vi) making or issuing a false or counterfeit prescription or written order.
(e) Penalty.- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $1,000 or both.
[An. Code 1957, art. 27, § 300(b), (c), (e)(1), (g-1), (h); 2002, ch. 26, § 2.]