(a) A pharmacy permit authorizes the pharmacy permit holder to establish and operate the pharmacy while the pharmacy permit is effective.
(b) (1) Subject to paragraphs (2) and (3) of this subsection, a pharmacy permit holder may conduct wholesale distribution, if:
(i) The wholesale distribution business does not exceed 5% of the pharmacy permit holder’s annual sales; and
(ii) The pharmacy permit holder:
1. Maintains records of wholesale distribution separately from its other records; and
2. Makes the records of wholesale distribution available for inspection by the Board.
(2) A pharmacy permit holder that obtains a waiver from the Board under § 12–403(d) of this subtitle may conduct wholesale distribution only with another pharmacy permit holder.
(3) A retail pharmacy that holds a pharmacy permit may conduct wholesale distribution only with:
(i) Another pharmacy permit holder; and
(ii) A wholesale distributor if the retail pharmacy:
1. Reports to the Board that the retail pharmacy is conducting wholesale distribution with a wholesale distributor; and
2. A. Maintains records of wholesale distribution with wholesale distributors separately from its records of wholesale distribution with pharmacy permit holders; and
B. Makes the records of wholesale distribution available for inspection by the Board.
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