Application - Maryland Board Of Physicians Page 3
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4Senate Bill 603 (Chapter 267): Health Care Practitioners – Licensed Dentists, Physicians, and
Podiatrists –
Personally Preparing and Dispensing Prescription Drugs and Devices
SB 603: New Dispensing Provider Requirements:
FREQUENTLY ASKED QUESTIONS
1.
Are all physicians, dentists and podiatrists licensed in Maryland required to hold a dispensing permit?
No. There is no requirement or expectation that a physician, dentist or podiatrist dispense pharmaceuticals. In
addition, a physician, dentist or podiatrist without a dispensing permit may dispense non chargeable pharmaceutical
samples and starter dosages to patients under certain conditions. See Health Occupations Article, 12-102(d) and (f),
.
Annotated Code of Maryland
2.
What is the difference between administering and dispensing?
Administering is treating the patient in the prescriber’s office with the medication. Dispensing is giving the
prescription drug to the patient to take home. As noted above, giving samples and starter doses to patients to take
home does not require a dispensing permit.
3.
Which providers are required to hold a dispensing permit?
Any provider who dispenses prescription drugs to a patient for a fee or receives compensation or reimbursement from
an insurance company or a third party, must have a dispensing permit.
4.
Is a Dispensing Permit required for the dispensing practitioner for each location where
prescription drugs are dispensed?
No. Professional Boards issue Dispensing Permits to the practitioner and not the practice location. If prescriptions
will be dispensed in more than one location, a dispensing permit is required to be displayed at each location where
prescription drugs are dispensed. A copy of the dispensing permit is acceptable to display where there are multiple
practice addresses.
5.
What is the definition of public interest?
Public interest means the dispensing of prescription drugs by a licensee to a patient when a pharmacy is not
conveniently available to the patient. COMAR 10.13.01.02(B)(3).
6.
Are there certain items patients receive by prescription that do not require a dispensing permit?
A dispensing permit is NOT required for the dispensing of devices, fluorides and OTC anti-fungals. However,
products bearing the label “Federal law prohibits dispensing without a prescription” will be treated as prescription
items.
7.
Under what circumstances is a dispenser required to hold a permit?
Licensed dentists, physicians, and podiatrists are required to obtain a dispensing permit if they dispense prescription
drugs to patients under their direct care who have informed the provider that a pharmacy is not conveniently
available. The licensee shall maintain documentation that should include a single form in each patient's chart for
each patient to whom prescription drugs are dispensed. At a minimum, the form shall:
(1) Indicate the reason, as stated by the patient, that a pharmacy is not conveniently available to that patient;
(2) Include a statement signed by the patient indicating that the patient understands that the determination that a
pharmacy is not conveniently available is made solely by the patient; and
(3) Be signed and dated by the patient before dispensing prescription drugs to the patient for the first time. See
COMAR 10.13.01.04
8.
How does a licensee obtain a dispensing permit?
A licensee obtains a dispensing permit from the appropriate Board.
The application shall require the following information to indicate that the licensee is dispensing in the public
interest:
• The name, address, and license number of the applicant;
• A certificate by the applicant that the applicant;
• Shall comply with the dispensing regulations in COMAR 10.13.01.04 and;
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