Maryland 2022 Regular Session

Maryland House Bill HB1084 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *hb1084*
66
77 HOUSE BILL 1084
88 J1, J3, J2 EMERGENCY BILL 2lr1575
99 CF SB 840
1010 By: Delegate Pena–Melnyk
1111 Introduced and read first time: February 10, 2022
1212 Assigned to: Health and Government Operations
1313
1414 A BILL ENTITLED
1515
1616 AN ACT concerning 1
1717
1818 COVID–19 Response Act of 2022 2
1919
2020 FOR the purpose of establishing and altering certain requirements related to COVID–19, 3
2121 including requirements related to planning by institutions of higher education, home 4
2222 health agencies, nursing homes, and assisted living programs, the provision of 5
2323 coverage by the Maryland Medical Assistance Program, the Maryland MyIR Mobile 6
2424 immunization record service, and reporting by the Maryland Department of Health; 7
2525 establishing that certain urgent care centers are not subject to the rate–setting 8
2626 jurisdiction of the Health Services Cost Review Commission; requiring the State 9
2727 Board of Nursing to establish an apprentice geriatric nursing assistant program; 10
2828 altering the authority of pharmacists to refill prescriptions, administer certain 11
2929 vaccines, and delegate certain functions to pharmacy technicians; and generally 12
3030 relating to public health, the provision of health care services, and responding to 13
3131 COVID–19 in the State. 14
3232
3333 BY repealing and reenacting, with amendments, 15
3434 Article – Education 16
3535 Section 11–1702(a) 17
3636 Annotated Code of Maryland 18
3737 (2018 Replacement Volume and 2021 Supplement) 19
3838 (As enacted by Chapters 29 and 31 of the Acts of the General Assembly of the 2021 20
3939 Special Session) 21
4040
4141 BY repealing and reenacting, without amendments, 22
4242 Article – Health – General 23
4343 Section 15–103(a)(1) 24
4444 Annotated Code of Maryland 25
4545 (2019 Replacement Volume and 2021 Supplement) 26
4646
4747 BY repealing and reenacting, with amendments, 27
4848 Article – Health – General 28 2 HOUSE BILL 1084
4949
5050
5151 Section 15–103(a)(2)(xvi) and (xvii) 1
5252 Annotated Code of Maryland 2
5353 (2019 Replacement Volume and 2021 Supplement) 3
5454
5555 BY adding to 4
5656 Article – Health – General 5
5757 Section 15–103(a)(2)(xviii), 18–9A–02(g), 18–9A–03(d), 18–9A–03.1, 18–9A–03.2, 6
5858 18–9A–05, and 19–211.1 7
5959 Annotated Code of Maryland 8
6060 (2019 Replacement Volume and 2021 Supplement) 9
6161
6262 BY repealing and reenacting, without amendments, 10
6363 Article – Health – General 11
6464 Section 18–9A–02(a) and (b), 18–9A–03(a), and 18–9A–04(a) and (b) 12
6565 Annotated Code of Maryland 13
6666 (2019 Replacement Volume and 2021 Supplement) 14
6767 (As enacted by Chapters 29 and 31 of the Acts of the General Assembly of the 2021 15
6868 Special Session) 16
6969
7070 BY repealing and reenacting, with amendments, 17
7171 Article – Health – General 18
7272 Section 18–9A–04(c), 19–411(b), 19–14C–02(a), and 19–1815(b) 19
7373 Annotated Code of Maryland 20
7474 (2019 Replacement Volume and 2021 Supplement) 21
7575 (As enacted by Chapters 29 and 31 of the Acts of the General Assembly of the 2021 22
7676 Special Session) 23
7777
7878 BY repealing and reenacting, without amendments, 24
7979 Article – Health Occupations 25
8080 Section 8–6A–05(a) 26
8181 Annotated Code of Maryland 27
8282 (2021 Replacement Volume) 28
8383
8484 BY adding to 29
8585 Article – Health Occupations 30
8686 Section 8–6A–05(d) 31
8787 Annotated Code of Maryland 32
8888 (2021 Replacement Volume) 33
8989
9090 BY repealing and reenacting, with amendments, 34
9191 Article – Health Occupations 35
9292 Section 12–101(g) and (i), 12–506, 12–508, and 12–6B–06 36
9393 Annotated Code of Maryland 37
9494 (2021 Replacement Volume) 38
9595
9696 BY repealing and reenacting, with amendments, 39
9797 Chapter 29 of the Acts of the General Assembly of the 2021 Special Session 40 HOUSE BILL 1084 3
9898
9999
100100 Section 5 1
101101
102102 BY repealing and reenacting, with amendments, 2
103103 Chapter 31 of the Acts of the General Assembly of the 2021 Special Session 3
104104 Section 5 4
105105
106106 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
107107 That the Laws of Maryland read as follows: 6
108108
109109 Article – Education 7
110110
111111 11–1702. 8
112112
113113 (a) For calendar [year] YEARS 2021, 2022, AND 2023, an institution of higher 9
114114 education that has residence halls for students shall establish a COVID–19 security plan 10
115115 that includes both screening and testing procedures that will keep students, faculty, and 11
116116 staff safe while on campus for face–to–face instruction during the pandemic. 12
117117
118118 Article – Health – General 13
119119
120120 15–103. 14
121121
122122 (a) (1) The Secretary shall administer the Maryland Medical Assistance 15
123123 Program. 16
124124
125125 (2) The Program: 17
126126
127127 (xvi) Beginning on January 1, 2021, shall provide, subject to the 18
128128 limitations of the State budget and § 15–855(b)(2) of the Insurance Article, and as permitted 19
129129 by federal law, services for pediatric autoimmune neuropsychiatric disorders associated 20
130130 with streptococcal infections and pediatric acute onset neuropsychiatric syndrome, 21
131131 including the use of intravenous immunoglobulin therapy, for eligible Program recipients, 22
132132 if pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections 23
133133 and pediatric acute onset neuropsychiatric syndrome are coded for billing and diagnosis 24
134134 purposes in accordance with § 15–855(d) of the Insurance Article; [and] 25
135135
136136 (xvii) Beginning on January 1, 2022, may not include, subject to federal 26
137137 approval and limitations of the State budget, a frequency limitation on covered dental 27
138138 prophylaxis care or oral health exams that requires the dental prophylaxis care or oral 28
139139 health exams to be provided at an interval greater than 120 days within a plan year; AND 29
140140
141141 (XVIII) SHALL PROVIDE COVERAG E FOR COVID–19 TESTS 30
142142 AND RELATED SERVICES FOR THE ADMINISTRATI ON OF COVID–19 TESTS TO 31
143143 UNINSURED INDIVIDUAL S, AS AUTHORIZED BY THE FEDERAL FAMILIES FIRST 32
144144 CORONAVIRUS RESPONSE ACT AND THE CORONAVIRUS AID, RELIEF, AND 33
145145 ECONOMIC SECURITY (CARES) ACT. 34 4 HOUSE BILL 1084
146146
147147
148148
149149 18–9A–02. 1
150150
151151 (a) On or before June 1, 2021, the Department, in collaboration with local health 2
152152 departments in the State and the Maryland State Department of Education, shall adopt 3
153153 and implement a 2–year plan to respond to the outbreak of COVID–19. 4
154154
155155 (b) The plan required under this section shall: 5
156156
157157 (1) Include measures to enhance public health efforts at the State and local 6
158158 level to monitor, prevent, and mitigate the spread of COVID–19; 7
159159
160160 (2) (i) Assess the COVID–19 public and private testing infrastructure 8
161161 in place both statewide and in each local jurisdiction; 9
162162
163163 (ii) Identify and address the unmet needs for COVID–19 testing 10
164164 statewide and in each local jurisdiction, including the number and location of public and 11
165165 private testing providers required to ensure access to testing on demand for all residents of 12
166166 the State; 13
167167
168168 (iii) Establish specific monthly goals for COVID–19 testing statewide 14
169169 and in each local jurisdiction to ensure access to testing for all residents of the State, 15
170170 including: 16
171171
172172 1. A goal to achieve the capacity to perform the surveillance 17
173173 testing required to safely reopen and keep open schools, institutions of higher education, 18
174174 workplaces, and other community facilities in the State while minimizing the community 19
175175 spread of COVID–19 in calendar years 2021, and 2022, through a network of public and 20
176176 private testing providers; and 21
177177
178178 2. For each local jurisdiction, a goal to establish the required 22
179179 number of public or private COVID–19 testing locations to achieve the surveillance testing 23
180180 goal described in item 1 of this item; and 24
181181
182182 (iv) Estimate the funding required to implement the surveillance 25
183183 testing goal described in item (iii)1 of this item and the extent to which federal funding 26
184184 already received by the State in fiscal year 2021, and federal funding that is provided to 27
185185 the State and received after March 1, 2021, can be used to cover the cost required to achieve 28
186186 that goal; 29
187187
188188 (3) (i) Assess the contact tracing infrastructure in place for COVID–19 30
189189 both statewide and in each local jurisdiction; 31
190190
191191 (ii) Determine the optimal number of contact tracing, case 32
192192 management, care resource coordination, and other personnel per 100,000 residents needed 33
193193 in each jurisdiction to effectively monitor, prevent, and mitigate the spread of COVID–19; 34
194194 HOUSE BILL 1084 5
195195
196196
197197 (iii) Identify and address the unmet needs for COVID–19 contact 1
198198 tracing and related outbreak prevention and mitigation efforts both statewide and in each 2
199199 local jurisdiction; and 3
200200
201201 (iv) 1. Establish goals for identifying, locating, and testing 4
202202 individuals who have been in close contact with individuals who test positive for 5
203203 COVID–19 that are in alignment with Centers for Disease Control and Prevention guidance 6
204204 for effective contact tracing programs; and 7
205205
206206 2. Include a mechanism for monitoring performance of 8
207207 contact tracing and testing of contacts both statewide and for each local jurisdiction; 9
208208
209209 (4) Require the Department to assist local jurisdictions that adopt 10
210210 strategies to: 11
211211
212212 (i) Accelerate access to and the use of at–home collection and 12
213213 point–of–care tests for COVID–19; and 13
214214
215215 (ii) Incentivize and encourage pharmacies and health care providers, 14
216216 including primary care providers, to provide COVID–19 testing; and 15
217217
218218 (5) Allow each local jurisdiction to establish and implement a program for 16
219219 COVID–19 contact tracing that is independent from the contact tracing program performed 17
220220 by the State or the entity with whom the State has contracted to perform contact tracing 18
221221 for the State. 19
222222
223223 (G) ON OR BEFORE JUNE 1, 2022, THE DEPARTMEN T, IN COLLABORATION 20
224224 WITH LOCAL HEALTH DE PARTMENTS IN THE STATE AND THE STATE DEPARTMENT 21
225225 OF EDUCATION, SHALL DEVELOP AND SU BMIT TO THE GENERAL ASSEMBLY, IN 22
226226 ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, AN UPDATE TO 23
227227 THE PLAN REQUIRED UN DER THIS SECTION THAT INCLUDES : 24
228228
229229 (1) SUBJECT TO ITEMS (2) THROUGH (5) OF THIS SUBSECTION , THE 25
230230 INFORMATION DESCRIBE D IN SUBSECTION (B) FOR CALENDAR YEARS 2022, AND 26
231231 2023; 27
232232
233233 (2) (I) SPECIFIC MONTHLY GOAL S STATEWIDE AND IN E ACH LOCAL 28
234234 JURISDICTION TO ACHI EVE THE CAPAC ITY TO PERFORM DIAGN OSTIC TESTING AND 29
235235 SCREENING TESTING RE QUIRED TO SAFELY REO PEN AND KEEP OPEN SC HOOLS, 30
236236 INSTITUTIONS OF HIGH ER EDUCATION , WORKPLACES , AND OTHER COMMUNITY 31
237237 FACILITIES IN THE STATE WHILE MINIMIZIN G THE COMMUNITY SPRE AD OF 32
238238 COVID–19 IN CALENDAR YEARS 2022, AND 2023, THROUGH A NETWORK OF PUBLIC 33
239239 AND PRIVATE TESTING PROVIDERS; 34
240240
241241 (II) MONTHLY GOALS TO ESTA BLISH THE REQUIRED N UMBER 35 6 HOUSE BILL 1084
242242
243243
244244 OF PUBLIC OR PRIVATE COVID–19 TESTING LOCATIONS TO ACHIEVE THE TESTING 1
245245 GOALS DESCRIBED IN I TEM (I) OF THIS ITEM; AND 2
246246
247247 (III) AN ESTIMATE OF THE FU NDING REQUIRED TO IM PLEMENT 3
248248 THE TESTING GOALS DE SCRIBED IN ITEMS (I) AND (II) OF THIS ITEM AND TO THE 4
249249 EXTENT TO WHICH FEDE RAL FUNDING ALREADY RECEIVED BY THE STATE IN FISCAL 5
250250 YEAR 2022, AND FEDERAL FUNDING THAT IS PROVIDED TO THE STATE AND 6
251251 RECEIVED IN SUBSEQUE NT FISCAL YEARS , CAN BE USED TO COVER THE COST 7
252252 REQUIRED TO ACHIEVE THESE GOALS; 8
253253
254254 (3) A REQUIREMENT THAT THE DEPARTMENT KEEP TRACK OF THE 9
255255 QUANTITY OF COVID–19 TESTS THAT IT WILL H AVE AVAILABLE FOR DI STRIBUTION 10
256256 AND WHEN T HE TESTS WILL BE AVA ILABLE FOR DISTRIBUT ION; 11
257257
258258 (4) A METHOD FOR RESIDENTS OF THE STATE TO SELF –REPORT 12
259259 POSITIVE COVID–19 TEST RESULTS TO THE DEPARTMENT ; AND 13
260260
261261 (5) FOR CALENDAR YEARS 2022, AND 2023, THE OPTIMAL NUMBER 14
262262 OF CONTACT TRACING , CASE MANAGEMENT , CARE RESOURCE COORDIN ATION, AND 15
263263 OTHER PERSONNEL PER 100,000 RESIDENTS NEEDED IN EACH JURISDICTION 16
264264 DURING PERIODS OF SU RGES AND NONSURGES O F COVID–19 CASES IN THE STATE. 17
265265
266266 18–9A–03. 18
267267
268268 (a) (1) On or before June 1, 2021, the Department, with input from subject 19
269269 matter experts and other relevant stakeholders, shall develop and submit to the General 20
270270 Assembly a comprehensive plan for vaccinating residents of the State against COVID–19. 21
271271
272272 (2) The plan required under paragraph (1) of this subsection shall include: 22
273273
274274 (i) Detailed information on: 23
275275
276276 1. The categories of residents of the State who will receive 24
277277 priority access to vaccines for COVID–19; 25
278278
279279 2. The timeline for providing vaccines for COVID–19 to 26
280280 residents in each of the priority categories and to members of the general public who are 27
281281 not included in priority categories; and 28
282282
283283 3. Target metrics for vaccinating residents in each of the 29
284284 priority categories and for members of the general public who are not included in priority 30
285285 categories; 31
286286
287287 (ii) A dedication of time and resources to target vaccine distribution 32
288288 and vaccine safety outreach efforts to communities that have been disproportionately 33 HOUSE BILL 1084 7
289289
290290
291291 impacted by COVID–19 infection, morbidity, and mortality; 1
292292
293293 (iii) A vaccine distribution strategy that allocates resources and 2
294294 vaccines across all partners and vaccination sites in an equitable manner that ensures that 3
295295 the vaccine allocation by jurisdiction accounts for the disproportionate impact of the 4
296296 COVID–19 pandemic on underserved and minority communities; and 5
297297
298298 (iv) A strategy for outreach and distribution of vaccines to 6
299299 individuals who are not receiving the vaccine, due to either lack of access or vaccine 7
300300 hesitancy. 8
301301
302302 (D) ON OR BEFORE JUNE 1, 2022, THE DEPARTMENT SHALL DEVE LOP AND 9
303303 SUBMIT TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE 10
304304 STATE GOVERNMENT ARTICLE, AN UPDATE TO THE PLA N REQUIRED UNDER THI S 11
305305 SECTION THAT INCLUDE S: 12
306306
307307 (1) SUBJECT TO ITEMS (2) THROUGH (5) OF THIS SUBSECTION , THE 13
308308 INFORMATION DESCRIBE D IN SUBSECTION (A) OF THIS SECTION FOR CALENDAR 14
309309 YEARS 2022 AND 2023; 15
310310
311311 (2) A REQUIREMENT THAT THE DEPARTMENT KEEP TRACK OF THE 16
312312 QUANTITY OF COVID–19 VACCINES IT WILL HAV E AVAILABLE FOR 17
313313 ADMINISTRATION AND W HEN THE VACCINES WIL L BE AVAILABLE FOR 18
314314 ADMINISTRATION ; 19
315315
316316 (3) RECOMMENDATIONS FO R APPROACHES THE MARYLAND 20
317317 MEDICAL ASSISTANCE PROGRAM CAN TAKE TO I NCENTIVIZE: 21
318318
319319 (I) HEALTH CARE PROVIDER VACCINATION EFFORTS ; 22
320320
321321 (II) VACCINATION AMONG MARYLAND MEDICAL ASSISTANCE 23
322322 PROGRAM RECIPIENTS ; AND 24
323323
324324 (III) MANAGED CARE ORGANIZA TIONS TO DEVELOP AND MEET 25
325325 VACCINATION TARGETS ; 26
326326
327327 (4) MEASURES TO INCREASE VACCINATION RATES AM ONG THE 27
328328 UNVACCINATED ; AND 28
329329
330330 (5) A STRATEGY TO INCENTIV IZE ELIGIBLE INDIVID UALS TO 29
331331 RECEIVE: 30
332332
333333 (I) A THIRD COVID–19 VACCINE DOSE ; AND 31
334334 8 HOUSE BILL 1084
335335
336336
337337 (II) ANY FUTURE VACCINES R ECOMMENDED B Y THE CENTERS 1
338338 FOR DISEASE CONTROL AND PREVENTION. 2
339339
340340 18–9A–03.1. 3
341341
342342 (A) ON OR BEFORE JUNE 1, 2022, THE DEPARTMENT , WITH INPUT FROM 4
343343 SUBJECT MATTER EXPER TS AND OTHER RELEVAN T STAKEHOLDERS , SHALL 5
344344 DEVELOP A COMPREHENS IVE PLAN FOR TREATIN G RESIDENTS OF THE STATE WHO 6
345345 HAVE COVID–19. 7
346346
347347 (B) THE PLAN REQUIRED UND ER THIS SECTION SHAL L: 8
348348
349349 (1) (I) IDENTIFY EFFECTIVE TR EATMENTS FOR TREATIN G 9
350350 COVID–19; AND 10
351351
352352 (II) ASSESS THE EFFECTIVEN ESS OF MONOCLONAL AN TIBODIES 11
353353 AND ORALLY ADMINISTE RED ANTIVIRAL MEDICA TIONS IN TREATING COVID–19; 12
354354 AND 13
355355
356356 (2) (I) RECOMMEND THE EFFICIE NT AND EFFECTIVE 14
357357 DISTRIBUTION OF COVID–19 TREATMENTS TO ENSURE THAT THERE IS ACCESS TO 15
358358 TREATMENT FOR RESIDE NTS OF THE STATE WHO HAVE COVID–19; AND 16
359359
360360 (II) CONSIDER THE AT –HOME DISTRIBUTION OF COVID–19 17
361361 TREATMEN TS. 18
362362
363363 (C) THE PLAN REQUIRED UND ER THIS SECTION SHAL L ADDRESS THE 19
364364 DISPROPORTIONATE IMP ACT OF THE COVID–19 PANDEMIC ON UNDERSER VED AND 20
365365 MINORITY COMMUNITIES IN THE STATE. 21
366366
367367 (D) ON OR BEFORE JUNE 1, 2022, THE DEPARTMENT SHALL SUBM IT THE 22
368368 PLAN REQUIRED UNDER THIS SECTION TO THE GENERAL ASSEMBLY, IN 23
369369 ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE. 24
370370
371371 18–9A–03.2. 25
372372
373373 AFTER SUBMITTING THE COVID–19 PLANS TO THE GENERAL ASSEMBLY AS 26
374374 REQUIRED UNDER §§ 18–9A–02 THROUGH 18–9A–03.1 OF THIS SUBTITLE , THE 27
375375 DEPARTMENT SHA LL PROVIDE MONTHLY P ROGRESS REPORTS TO T HE GENERAL 28
376376 ASSEMBLY FOR THE DURA TION OF CALENDAR YEA R 2022 AND CALENDAR YEAR 29
377377 2023 ON: 30
378378
379379 (1) THE IMPLEMENTATION OF THE COVID–19 PLANS REQUIRED 31 HOUSE BILL 1084 9
380380
381381
382382 UNDER §§ 18–9A–02 THROUGH 18–9A–03.1 OF THIS SUBTITLE; AND 1
383383
384384 (2) THE NUMBER OF COVID–19 TESTS, VACCINES, AND TREATMENTS 2
385385 IT HAS AT ITS DISPOS AL. 3
386386
387387 18–9A–04. 4
388388
389389 (a) The Department shall convene a Maryland Public Health Modernization 5
390390 Workgroup. 6
391391
392392 (b) The Workgroup shall include representatives of the Department, local health 7
393393 departments, subject matter experts, and any other relevant stakeholders. 8
394394
395395 (c) The Workgroup shall: 9
396396
397397 (1) Assess the current public health infrastructure and resources in the 10
398398 State; 11
399399
400400 (2) Make recommendations for how to establish a modern and effective 12
401401 public health system with a capacity to: 13
402402
403403 (i) Monitor, prevent, control, and mitigate the spread of infectious 14
404404 disease; and 15
405405
406406 (ii) Achieve State Health Improvement Process goals; 16
407407
408408 (3) Make recommendations regarding the establishment of a Maryland 17
409409 Public Health Job Corps to respond to the outbreak of COVID–19 or similar outbreaks; and 18
410410
411411 (4) Consider, where appropriate, the use of federal funds to implement any 19
412412 recommendations made under this subsection, INCLUDING FROM AMERICORPS AND ITS 20
413413 GRANT PROGRAM FOR ELIGIBLE ORGANIZ ATIONS TO ENGAGE AMERICORPS 21
414414 MEMBERS IN SPECIFIED PRACTICES TO RESPOND TO PUBLIC HEALTH NEE DS. 22
415415
416416 18–9A–05. 23
417417
418418 (A) IN THIS SECTION , “MARYLAND MYIR MOBILE” MEANS THE STATE 24
419419 IMMUNIZATION RECORD SERVICE THAT PROVIDE S AN INDIVIDUAL WITH : 25
420420
421421 (1) ACCESS TO THE INDIVID UAL’S OFFICIAL STATE IMMUNIZATION 26
422422 RECORDS; AND 27
423423
424424 (2) THE ABILITY TO VOLUNT ARILY AND SECURELY D ISPLAY ON AND 28
425425 TRANSMIT THROUGH A M OBILE DEVICE PROOF O F THE INDIVIDUAL ’S VACCINATION 29
426426 FOR COVID–19 USING A SMART HEALTH CARD QR CODE. 30 10 HOUSE BILL 1084
427427
428428
429429
430430 (B) ON OR BEFORE JUNE 1, 2022, THE DEPARTMENT SHALL ENSU RE THAT 1
431431 MARYLAND MYIR MOBILE HAS A DESIGN T HAT: 2
432432
433433 (1) ENABLES ITS VOLUNTARY USE AS A VACCINE PAS SPORT FOR 3
434434 INDIVIDUALS WHO SEEK TO DISPLAY PROOF OF THE INDIVIDUAL ’S COVID–19 4
435435 VACCINATION STATUS O N A MOBILE DEVICE TO ACCESS VEN UES WHERE PROOF OF 5
436436 COVID–19 VACCINATION IS REQUI RED FOR ENTRY ; 6
437437
438438 (2) USES A MOBILE APPLICA TION THAT IS COMPATI BLE WITH ALL 7
439439 MOBILE DEVICES IN WI DESPREAD USE , INCLUDING IOS AND ANDROID COMPATIBLE 8
440440 APPLICATIONS; 9
441441
442442 (3) IS ABLE TO AUTOMATI CALLY DISPLAY A SMART HEALTH CARD 10
443443 QR CODE IN A WALLET FUN CTION ON ANY MOBILE DEVICE THAT HAS THAT 11
444444 FUNCTION; 12
445445
446446 (4) HAS A SMART HEALTH CARD QR CODE THAT IS VERIFIE D AS 13
447447 VALID UNDER COMMONTRUST NETWORK REQUIREMENTS FOR MULTISTATE 14
448448 FUNCTIONALITY ; 15
449449
450450 (5) IS COMPATIBLE WITH MULTINAT IONAL VACCINE PASSPO RT 16
451451 PLATFORMS ; 17
452452
453453 (6) DISPLAYS INFORMATION IN SPANISH AND OTHER LAN GUAGES 18
454454 COMMONLY USED IN THE STATE, AS DETERMINED BY THE DEPARTMENT ; AND 19
455455
456456 (7) ENABLES ITS USE BY IN DIVIDUALS WITH DISAB ILITIES. 20
457457
458458 (C) THE DEPARTMENT SHALL DEVELOP AND IM PLEMENT AN OUTREACH 21
459459 AND MARKETING PLAN T O RAISE AWARENESS OF MARYLAND MYIR MOBILE AS A 22
460460 VOLUNTARY VACCINE PA SSPORT TECHNOLOGY TH AT MAY BE USED FOR V ERIFYING 23
461461 PROOF OF COVID–19 VACCINATION STATUS B Y INDIVIDUALS, BUSINESSES, AND 24
462462 OTHER PUBLI C AND PRIVATE ENTITI ES IN THE STATE. 25
463463
464464 19–211.1. 26
465465
466466 (A) IN THIS SECTION , “HOSPITAL–ADJACENT URGENT CARE CENTER” 27
467467 MEANS ANY CENTER , SERVICE, OFFICE FACILITY, OR OTHER ENTITY THAT : 28
468468
469469 (1) OPERATES FOR THE PURP OSE OF PROVIDING URG ENT CARE AND 29
470470 OTHER BASIC HEALTH CARE SERVICES , INCLUDING DIAGNOSTIC , TREATMENT , 30
471471 CONSULTATIVE , REFERRAL, AND PREVENTIVE SERVI CES; AND 31 HOUSE BILL 1084 11
472472
473473
474474
475475 (2) IS LOCATED ADJACENT T O A FACILITY THAT PR OVIDES HOSPITAL 1
476476 SERVICES SUBJECT TO THE RATE–SETTING JURISDICTION OF THE COMMISSION. 2
477477
478478 (B) A HOSPITAL–ADJACENT URGENT CARE CEN TER: 3
479479
480480 (1) IS NOT SUBJECT TO THE RATE–SETTING JURISDICTION OF THE 4
481481 COMMISSION; AND 5
482482
483483 (2) MAY SET RATES AND REC EIVE REIMBURSEMENT F OR HEALTH 6
484484 CARE SERVICES PROVID ED AT THE CENTER ON AN UNREGULATED BASIS . 7
485485
486486 19–411. 8
487487
488488 (b) For calendar years 2021 [and 2022], 2022, AND 2023, a home health agency 9
489489 shall adopt and implement a COVID–19 infection control and prevention plan for patients 10
490490 and staff who provide home health care services to patients of the home health agency. 11
491491
492492 19–14C–02. 12
493493
494494 (a) For calendar years 2021 [and 2022], 2022, AND 2023, a nursing home shall 13
495495 adopt and implement a COVID–19 testing plan for residents of the nursing home and staff 14
496496 who provide services to residents of the nursing home. 15
497497
498498 19–1815. 16
499499
500500 (b) For calendar years 2021 [and 2022], 2022, AND 2023, an assisted living 17
501501 program shall adopt and implement a COVID–19 testing plan for residents of the assisted 18
502502 living program and staff who provide services to residents of the assisted living program. 19
503503
504504 Article – Health Occupations 20
505505
506506 8–6A–05. 21
507507
508508 (a) The Board shall adopt regulations establishing: 22
509509
510510 (1) Categories of certified nursing assistants, including geriatric nursing 23
511511 assistants, home health aides, school health aides, dialysis technicians, individuals 24
512512 working in developmental disabilities administration facilities, and medicine aides; 25
513513
514514 (2) Qualifications for each category of certified nursing assistant; 26
515515
516516 (3) Qualifications for certified medication technicians; and 27
517517
518518 (4) Standards for qualification of applicants for certification, including the 28
519519 applicant’s criminal history, work record, and prohibitions against behavior which may be 29 12 HOUSE BILL 1084
520520
521521
522522 potentially harmful to patients. 1
523523
524524 (D) (1) IN THIS SUBSECTION , “COVID–19 PUBLIC HEALTH EMERGE NCY” 2
525525 MEANS THE FEDERAL PU BLIC HEALTH EMERGENCY DEC LARED DURING THE 3
526526 COVID–19 PANDEMIC THAT INCLUD ED A WAIVER OF FEDER AL NURSE AIDE 4
527527 TRAINING AND CERTIFI CATION REQUIREMENTS ISSUED BY THE U.S. SECRETARY OF 5
528528 HEALTH AND HUMAN SERVICES. 6
529529
530530 (2) THE BOARD SHALL ESTABLISH AND IMPLEMENT AN APP RENTICE 7
531531 GERIATRIC NURSING AS SISTANT PROGRAM TO P ROVIDE FOR THE CERTI FICATION 8
532532 OF GERIATRIC NURSING ASSISTANTS WHO HAVE WORKED OR ARE WORKIN G AS 9
533533 TEMPORARY NURSING AS SISTANTS AND MEET TH E REQUIREMENTS UNDER THIS 10
534534 SUBSECTION. 11
535535
536536 (3) THE PROGRAM REQUIRED UNDER THIS SUBSECTION SHALL 12
537537 PROVIDE FOR THE CERT IFICATION OF A GERIA TRIC NURSING ASSISTA NT WHO: 13
538538
539539 (I) 1. WORKED FULL – OR PART–TIME AS A TEMPORARY 14
540540 NURSING ASSISTANT FO R AT LEAST 6 MONTHS DURING THE COVID–19 PUBLIC 15
541541 HEALTH EMERGENCY ; 16
542542
543543 2. COMPLETES TRAINING AN D C OMPETENCY 17
544544 REQUIREMENTS THROUGH WORK AS A TEMPORARY NURSING ASSISTANT UN DER A 18
545545 DESIGNATION AS AN AP PRENTICE NURSING ASS ISTANT IN ACCORDANCE WITH 19
546546 FEDERAL NURSE AIDE TRAINING AND COMPETENCY EVALUATION PROGRAM 20
547547 REQUIREMENTS ; AND 21
548548
549549 3. PASSES THE STATE COMPETEN CY EXAMINATION ; OR 22
550550
551551 (II) DID NOT WORK DURING T HE COVID–19 PUBLIC HEALTH 23
552552 EMERGENCY , BUT COMPLETES A NURS ING ASSISTANT APPREN TICESHIP PATHWAY 24
553553 THAT: 25
554554
555555 1. ALLOWS PARTICIPANTS T O WORK AS A TEMPORAR Y 26
556556 NURSING ASSISTANT FO R 4 MONTHS; 27
557557
558558 2. REQUIRES THE RE CEIPT OF A TOTAL OF 40 HOURS OF 28
559559 CLASSROOM AND CLINIC AL TRAINING IN ACCOR DANCE WITH FEDERAL NURSE AIDE 29
560560 TRAINING AND COMPETENCY EVALUATION PROGRAM REQUIREMENTS ; AND 30
561561
562562 3. REQUIRES PASSAGE OF T HE STATE’S COMPETENCY 31
563563 EXAMINATION . 32
564564 HOUSE BILL 1084 13
565565
566566
567567 (4) THE BOARD SHALL ADOPT REGULATIONS TO CARRY OUT THE 1
568568 PROVISIONS OF THIS S UBSECTION. 2
569569
570570 12–101. 3
571571
572572 (g) (1) “Delegated pharmacy act” means an activity that constitutes the 4
573573 practice of pharmacy delegated by a licensed pharmacist under this title and regulations 5
574574 adopted by the Board. 6
575575
576576 (2) “Delegated pharmacy act” does not include: 7
577577
578578 (i) An act within the parameters of a therapy management contract 8
579579 as provided under Subtitle 6A of this title; 9
580580
581581 [(ii) The administration of an influenza vaccination in accordance 10
582582 with § 12–508 of this title;] 11
583583
584584 [(iii)] (II) The delegation of a pharmacy act by a registered 12
585585 pharmacy technician, pharmacy student, or pharmacy technician trainee; 13
586586
587587 [(iv)] (III) A pharmacy activity performed by a pharmacy student in 14
588588 accordance with § 12–301(b) of this title; 15
589589
590590 [(v)] (IV) A pharmacy activity performed by an applicant for a 16
591591 license to practice pharmacy in accordance with regulations adopted by the Board; or 17
592592
593593 [(vi)] (V) The performance of other functions prohibited in 18
594594 regulations adopted by the Board. 19
595595
596596 (i) (1) “Direct supervision” means [that a licensed pharmacist is physically 20
597597 available, notwithstanding appropriate breaks, on–site and in the prescription area or in 21
598598 an area where pharmacy services are provided to supervise the practice of pharmacy and 22
599599 delegated pharmacy acts] SUPERVISION BY A LIC ENSED PHARMACIST WHO : 23
600600
601601 (I) IS READILY AND IMMEDI ATELY AVAILABLE AT A LL TIMES 24
602602 THE DELEGATED TASKS ARE BEING PERFORMED ; 25
603603
604604 (II) IS AWARE OF THE DELEG ATED TASKS BEING PER FORMED; 26
605605 AND 27
606606
607607 (III) PROVIDES PERSONAL ASSISTANCE, DIRECTION, AND 28
608608 APPROVAL THROUGHOUT THE TIME THE DELEGAT ED TASKS ARE BEING 29
609609 PERFORMED . 30
610610
611611 (2) “DIRECT SUPERVISION ” INCLUDES SUPERVISION OF A PHARMACY 31 14 HOUSE BILL 1084
612612
613613
614614 TECHNICIAN THROUGH T ECHNOLOGICAL MEANS . 1
615615
616616 12–506. 2
617617
618618 (a) A pharmacist may refill a prescription for a drug or device for which the refill 3
619619 has not been authorized if: 4
620620
621621 (1) The pharmacist: 5
622622
623623 (i) Attempts to obtain an authorization from the authorized 6
624624 prescriber; and 7
625625
626626 (ii) Is not able readily to obtain the authorization; 8
627627
628628 (2) The refill of the prescription is not for a controlled dangerous substance; 9
629629
630630 (3) The drug or device is essential to the maintenance of [life] PATIENT 10
631631 WELL–BEING; 11
632632
633633 (4) (i) The drug or device is essential to the continuation of therapy [in 12
634634 chronic conditions]; and 13
635635
636636 (ii) In the pharmacist’s professional judgment, the interruption of 14
637637 the therapy reasonably might produce an undesirable health consequence, be detrimental 15
638638 to the patient’s welfare, or cause physical or mental discomfort; 16
639639
640640 (5) The pharmacist: 17
641641
642642 (i) Enters on the back of the prescription or on another appropriate 18
643643 uniformly maintained, readily retrievable record, such as a medication record, the date and 19
644644 the quantity of the drug or device dispensed; and 20
645645
646646 (ii) Signs or initials the record; and 21
647647
648648 (6) The pharmacist notifies the authorized prescriber of the refill of the 22
649649 prescription within 72 hours of dispensing the drug or device. 23
650650
651651 (b) If a pharmacist refills a prescription under subsection (a) of this section, the 24
652652 pharmacist may provide only [1] ONE refill of the prescription and the refill quantity 25
653653 dispensed shall be in conformity with the prescriber’s directions for use and may not exceed 26
654654 a [14–day] 30–DAY supply or unit of use. 27
655655
656656 (c) If the federal or a state government declares a state of emergency, a 28
657657 pharmacist working in Maryland may refill a prescription for a drug for which the refill 29
658658 has not been authorized if: 30
659659 HOUSE BILL 1084 15
660660
661661
662662 (1) As a result of the emergency, the pharmacist is unable to obtain an 1
663663 authorization from the authorized prescriber; 2
664664
665665 (2) The refill of the prescription is not for a controlled dangerous substance; 3
666666
667667 (3) The quantity dispensed does not exceed a [30–day] 90–DAY supply or 4
668668 unit of use; and 5
669669
670670 (4) The pharmacist notifies the authorized prescriber of the refill of the 6
671671 prescription within 7 days of dispensing the drug. 7
672672
673673 12–508. 8
674674
675675 [(a) (1) Subject to subsection (c) of this section, a pharmacist may administer 9
676676 an influenza vaccination to an individual who is at least 9 years old, in accordance with 10
677677 regulations adopted by the Board, in consultation with the Department. 11
678678
679679 (2) Subject to subsection (c) of this section, a pharmacist may administer a 12
680680 vaccination that is listed in the Centers for Disease Control and Prevention’s Recommended 13
681681 Immunization Schedule to an individual who: 14
682682
683683 (i) Is at least 11 years old but under the age of 18 years; and 15
684684
685685 (ii) Has a prescription from an authorized prescriber. 16
686686
687687 (3) (i) Subject to subparagraph (ii) of this paragraph, a pharmacist may 17
688688 administer to an adult a vaccination that is: 18
689689
690690 1. Listed in the Centers for Disease Control and Prevention’s 19
691691 Recommended Immunization Schedule; or 20
692692
693693 2. Recommended in the Centers for Disease Control and 21
694694 Prevention’s Health Information for International Travel. 22
695695
696696 (ii) A pharmacist shall administer a vaccination under 23
697697 subparagraph (i) of this paragraph under a written protocol that: 24
698698
699699 1. Is vaccine specific; and 25
700700
701701 2. Meets criteria established by the Department, in 26
702702 consultation with the Board, the Board of Physicians, and the Board of Nursing, in 27
703703 regulation. 28
704704
705705 (4) A pharmacist shall: 29
706706
707707 (i) Report all vaccinations administered by the pharmacist to the 30
708708 ImmuNet Program established under § 18–109 of the Health – General Article; 31 16 HOUSE BILL 1084
709709
710710
711711
712712 (ii) If the vaccination has been administered in accordance with a 1
713713 prescription, document at least one effort to inform the individual’s authorized prescriber 2
714714 that the vaccination has been administered; and 3
715715
716716 (iii) For a vaccination administered under paragraph (2) or (3) of this 4
717717 subsection, if the authorized prescriber is not the individual’s primary care provider or if 5
718718 the vaccination has not been administered in accordance with a prescription, document at 6
719719 least one effort to inform the individual’s primary care provider or other usual source of 7
720720 care that the vaccination has been administered. 8
721721
722722 (b) The Board shall: 9
723723
724724 (1) Set reasonable fees for the administration of vaccinations under this 10
725725 section; and 11
726726
727727 (2) Adopt regulations that require a pharmacist to submit a registration 12
728728 form to the Board that includes verification that the pharmacist: 13
729729
730730 (i) Has successfully completed a certification course approved by the 14
731731 Board that included instruction in the guidelines and recommendations of the Centers for 15
732732 Disease Control and Prevention regarding vaccinations; and 16
733733
734734 (ii) Is certified in basic cardiopulmonary resuscitation and obtained 17
735735 the certification through in–person classroom instruction.] 18
736736
737737 [(c)] (A) [From July 1, 2021, to June 30, 2023, inclusive, a] A pharmacist may 19
738738 ORDER AND administer a vaccine to an individual who is at least 3 years old [but under 20
739739 the age of 18 years] if: 21
740740
741741 (1) The vaccine is approved by the U.S. Food and Drug Administration; 22
742742
743743 (2) The vaccination is ordered and administered in accordance with the 23
744744 Centers for Disease Control and Prevention’s Advisory Committee on Immunization 24
745745 Practices immunization schedules; 25
746746
747747 (3) The pharmacist has completed a practical training program of at least 26
748748 20 hours that is approved by the Accreditation Council for Pharmacy Education and 27
749749 includes: 28
750750
751751 (i) Hands–on injection techniques; 29
752752
753753 (ii) Clinical evaluation of indications and contraindications of 30
754754 vaccines; and 31
755755
756756 (iii) The recognition and treatment of emergency reactions to 32
757757 vaccines; 33 HOUSE BILL 1084 17
758758
759759
760760
761761 (4) The pharmacist has a current certificate in basic cardiopulmonary 1
762762 resuscitation; 2
763763
764764 (5) The pharmacist has completed a minimum of 2 hours of continuing 3
765765 pharmaceutical education related to immunizations that is approved by the Accreditation 4
766766 Council for Pharmacy Education as part of the license renewal requirements under § 5
767767 12–309 of this title; 6
768768
769769 (6) The pharmacist complies with the FOLLOWING record–keeping and 7
770770 reporting requirements [in subsection (a)(4) of this section] and the corresponding 8
771771 regulations: 9
772772
773773 (I) REPORT ALL VACCINATIO NS ADMINISTERED TO T HE 10
774774 IMMUNET PROGRAM E STABLISHED UNDER § 18–109 OF THE HEALTH – GENERAL 11
775775 ARTICLE; 12
776776
777777 (II) IF THE VACCINATION HA S BEEN ADMINISTERED IN 13
778778 ACCORDANCE WITH A PR ESCRIPTION, DOCUMENT AT LEAST ON E EFFORT TO 14
779779 INFORM THE INDIVIDUA L’S AUTHORIZED PRESCRI BER THAT THE VACCINA TION HAS 15
780780 BEEN ADMINISTERED; AND 16
781781
782782 (III) FOR A VACCINATION IN WHICH THE AUTHORIZED 17
783783 PRESCRIBER IS NOT TH E INDIVIDUAL’S PRIMARY CARE PROVI DER OR IF THE 18
784784 VACCINATION HAS NOT BEEN ADMINISTERED IN ACCORDANCE WITH A 19
785785 PRESCRIPTION , DOCUMENT AT LEAST ON E EFFORT TO INFORM T HE INDIVIDUAL’S 20
786786 PRIMARY CARE PROVIDE R OR OTHER USUAL SOU RCE OF CARE THAT THE 21
787787 VACCINATION HAS BEEN ADMINISTERED ; and 22
788788
789789 (7) The pharmacist informs each child vaccination patient and adult 23
790790 caregiver who is accompanying the child of the importance of well–child visits with a 24
791791 pediatric primary care provider and refers the patient to a pediatric primary care provider 25
792792 when appropriate. 26
793793
794794 (B) A PHARMACIST MAY DELEG ATE THE ADMINISTRATI ON OF A VACCINE 27
795795 UNDER SUBSECTION (A) OF THIS SECTION TO A PHARMACY TECHNICIAN IF THE 28
796796 PHARMACY TECHNICIAN HAS CO MPLETED A PRACTICAL TRAINING PROGRAM OF AT 29
797797 LEAST 6 HOURS THAT IS APPROV ED BY THE ACCREDITAT ION COUNCIL FOR 30
798798 PHARMACY EDUCATION A ND INCLUDES: 31
799799
800800 (1) HANDS–ON INJECTION TECHNIQ UES; AND 32
801801
802802 (2) THE RECOGNITION AND T REATMENT OF EMERGENC Y REACTIONS 33
803803 TO VACCINES. 34 18 HOUSE BILL 1084
804804
805805
806806
807807 12–6B–06. 1
808808
809809 (a) Registration authorizes a registered pharmacist technician to perform 2
810810 delegated pharmacy acts as defined in § 12–101 of this title while the registration is 3
811811 effective. 4
812812
813813 (b) A registered pharmacy technician or a pharmacy technician trainee may not: 5
814814
815815 (1) Act within the parameters of a therapy management contract as 6
816816 provided under Subtitle 6A of this title; 7
817817
818818 [(2) Administer an influenza vaccination in accordance with § 12–508 of this 8
819819 title;] 9
820820
821821 [(3)] (2) Delegate a pharmacy act that was delegated to the registered 10
822822 pharmacy technician or individual engaging in a Board approved technician training 11
823823 program; or 12
824824
825825 [(4)] (3) Perform other functions prohibited by regulations adopted by the 13
826826 Board. 14
827827
828828 Chapter 29 of the Acts of the 2021 Special Session 15
829829
830830 SECTION 5. AND BE IT FURTHER ENACTED, That this Act is an emergency 16
831831 measure, is necessary for the immediate preservation of the public health or safety, has 17
832832 been passed by a yea and nay vote supported by three–fifths of all the members elected to 18
833833 each of the two Houses of the General Assembly, and shall take effect from the date it is 19
834834 enacted. Section 2 of this Act shall remain effective through December 31, [2022] 2023, 20
835835 and, at the end of December 31, [2022] 2023, Section 2 of this Act, with no further action 21
836836 required by the General Assembly, shall be abrogated and of no further force and effect. 22
837837
838838 Chapter 31 of the Acts of the 2021 Special Session 23
839839
840840 SECTION 5. AND BE IT FURTHER ENACTED, That this Act is an emergency 24
841841 measure, is necessary for the immediate preservation of the public health or safety, has 25
842842 been passed by a yea and nay vote supported by three–fifths of all the members elected to 26
843843 each of the two House of the General Assembly, and shall take effect from the date it is 27
844844 enacted. Section 2 of this Act shall remain effective through December 31, [2022] 2023, 28
845845 and, at the end of December 31, [2022] 2023, Section 2 of this Act, with no further action 29
846846 required by the General Assembly, shall be abrogated and of no further force and effect. 30
847847
848848 SECTION 2. AND BE IT FURTHER ENACTED, That the Maryland Department of 31
849849 Health shall: 32
850850
851851 (1) (i) conduct a study on the use of digital learning programs for 33 HOUSE BILL 1084 19
852852
853853
854854 education and training requirements for health care practitioners in the State applying for 1
855855 a license, certification, registration, or permit or the renewal of a license or permit; 2
856856
857857 (ii) in conjunction with the Maryland Department of Labor, study 3
858858 multiyear approaches to reducing the workforce shortage in health care in the State; 4
859859
860860 (iii) with participation from the Office of Health Care Quality and the 5
861861 State Board of Nursing, collaborate with other State agencies, including the State 6
862862 Department of Education, health care industry and association stakeholders, community 7
863863 colleges, higher education institutions, and high schools, to develop explicit workforce 8
864864 career paths from high school and higher education apprenticeships to higher education 9
865865 enrollment for entry into a health care field; and 10
866866
867867 (iv) on or before December 31, 2022, report to the General Assembly, 11
868868 in accordance with § 2–1257 of the State Government Article, on the findings of the studies 12
869869 and development of career paths required under this item; and 13
870870
871871 (2) on or before December 31, 2022, submit an update to the report required 14
872872 under Section 2 of Chapter 798 of the Acts of the General Assembly of 2018, relating to 15
873873 reimbursement rates and costs of certain home– and community–based services to the 16
874874 General Assembly, in accordance with § 2–1257 of the State Government Article. 17
875875
876876 SECTION 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 18
877877 measure, is necessary for the immediate perseveration of the public health or safety, has 19
878878 been passed by a yea and nay vote supported by three–fifths of all the members elected to 20
879879 each of the two Houses of the General Assembly, and shall take effect from the date it is 21
880880 enacted. 22
881881