1. 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.
2. 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.
3. 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.

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

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

      1. (a) An individual who practices pharmacy without a license; or
      2. (b) An individual or entity that operates a pharmacy without a permit.
   2. (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. (3) Factors in determining the amount of a fine include, but are not limited to, the following:

      1. (a) The extent to which the individual or entity derived any financial benefit from the unauthorized practice or operation;
      2. (b) The willfulness of the unauthorized practice or operation;
      3. (c) Actual or potential public harm caused by the unauthorized practice or operation; and
      4. (d) The length of time in which the individual or entity engaged in the unauthorized practice or operation.

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

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)

Regulation .04-1 adopted effective January 28, 2008 (35:2 Md. R. 127)

Regulation .05 amended effective January 20, 2003 (30:1 Md. R. 25)

Regulation .06 amended effective January 28, 2008 (35:2 Md. R. 127)

Regulation .06C, D amended and .06E, F adopted effective January 20, 2003 (30:1 Md. R. 25)

Regulation .07B amended effective February 19, 1990 (17:3 Md. R. 299)

Regulation .07B, D amended effective January 20, 2003 (30:1 Md. R. 25)

Regulation .07C amended effective January 28, 2008 (35:2 Md. R. 127)

Regulations .01—.07 repealed and new Regulations .01—.11 adopted effective December 24, 2012 (39:25 Md. R. 1613)

Regulation .02B amended effective July 1, 2015 (42:7 Md. R. 569)

Regulation .03A amended effective July 1, 2015 (42:7 Md. R. 569)

Regulation .04A amended effective July 1, 2015 (42:7 Md. R. 569)

Regulation .04-1 adopted effective July 1, 2015 (42:7 Md. R. 569)

Regulation .09B, D amended effective July 1, 2015 (42:7 Md. R. 569)