Section 5-702 - Sale of drug different from that ordered. - Maryland Statutes

§ 5-702. Sale of drug different from that ordered.
 

(a)  Prohibited.-  

(1) This subsection applies to a person engaged in the business of selling prescription drugs, controlled dangerous substances, medicines, chemicals, or preparations for medical use or of compounding or dispensing these in accordance with physicians' prescriptions. 

(2) A person subject to this subsection may not knowingly sell or deliver to another a drug, medicine, chemical, or preparation for medicinal use that is recognized or authorized by the latest edition of the United States Pharmacopoeia and National Formulary or prepared according to the private formula of another that is: 

(i) other or different from the prescription drug, controlled dangerous substance, medicine, chemical, or preparation that is ordered or called for by the person; or 

(ii) except as authorized under § 12-504 of the Health Occupations Article, called for in a prescription of a physician or other authorized provider. 

(b)  Act by principal, agent, or employee.- Subsection (a) of this section applies to a person acting on the person's own behalf or as an agent or employee of some other person. 

(c)  Penalty.-  

(1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment of not less than 1 month and not exceeding 1 year or a fine of not less than $100 and not exceeding $500 or both. 

(2) If a person convicted under this section holds a license under Title 12 of the Health Occupations Article, the license shall be revoked in accordance with § 12-313(c) of the Health Occupations Article. 
 

[An. Code 1957, art. 27, § 300(i); 2002, ch. 26, § 2; 2006, ch. 408.]