EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1462*
HOUSE BILL 1462
J1 2lr3166
By: Delegate Cox
Introduced and read first time: February 25, 2022
Assigned to: Rules and Executive Nominations
A BILL ENTITLED
AN ACT concerning 1
Health – Ivermectin – Standing Order 2
(Protocol Drug Act) 3
FOR the purpose of authorizing licensed physicians and advanced practice registered 4
nurses to prescribe ivermectin by issuing a standing order; establishing procedures 5
for pharmacists to follow when issuing ivermectin under a standing order; and 6
generally relating to a standing order for ivermectin. 7
BY adding to 8
Article – Health – General 9
Section 20–2201 and 20–2202 to be under the new subtitle “Subtitle 22. Ivermectin 10
Standing Order” 11
Annotated Code of Maryland 12
(2019 Replacement Volume and 2021 Supplement) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – Health – General 16
SUBTITLE 22. IVERMECTIN STANDING ORDER. 17
20–2201. 18
IN THIS SUBTITLE, “STANDING ORDER ” MEANS A WRITTEN AND SIGNED 19
PROTOCOL AUTHORED BY ONE OR MORE PHYSICIA NS OR ADVANCED PRACTICE 20
REGISTERED NURSES LI CENSED UNDER THE HEALTH OCCUPATIONS ARTICLE. 21
20–2202. 22
2 HOUSE BILL 1462
(A) A LICENSED PHYSICIAN O R AN ADVANCED PRACTI CE REGISTERED 1
NURSE WITH PRESCRIBI NG AUTHORITY MAY PRE SCRIBE IVERMECTIN BY ISSUING A 2
STANDING ORDER . 3
(B) A STANDING ORDER ISSUE D UNDER SUBSECTION (A) OF THIS SECTION 4
SHALL: 5
(1) SPECIFY A PROTOCOL TH AT ALLOWS PHARMACISTS LICENSED 6
UNDER THE HEALTH OCCUPATIONS ARTICLE TO DISPENSE IVERMECTIN; 7
(2) SPECIFY A MECHANISM T O DOCUMENT SCREENING PERFORMED 8
OF THE PATIENT AND THE PRESCRIPTION IN THE PATIENT’S MEDICAL RECORD ; AND 9
(3) INCLUDE A PLAN FOR EV ALUATING AND TREATIN G ADVERSE 10
EVENTS. 11
(C) A PRESCRIPTION S WRITTEN UNDER THIS SECTION S HALL BE REGARDED 12
AS BEING WRITTEN FOR A LEGITIMATE MED ICAL PURPOSE IN THE USUAL COURSE 13
OF PROFESSIONAL PRAC TICE. 14
(D) A PHARMACIST LICENSED UNDER THE HEALTH OCCUPATIONS ARTICLE 15
FOLLOWING A STANDING ORDER ISS UED UNDER THIS SECTI ON MAY DISPENSE 16
IVERMECTIN TO INDIVI DUALS IN THE STATE WITHOUT A PRIOR PRESCRIPTION . 17
(E) A PHARMACIST , A PHARMACY, A PHYSICIAN, OR AN ADVANCED 18
PRACTICE REGISTERED NURSE ISSUING OR FOL LOWING A STANDING OR DER ISSUED 19
UNDER THIS SECTION M AY NOT SEEK A RELATED PERSONAL FINANCIAL B ENEFIT BY: 20
(1) PARTICIPATING IN ANY INCENTIVE–BASED PROGRAM ; OR 21
(2) ACCEPTING A NY INDUCEMENT THAT I NFLUENCES OR 22
ENCOURAGES THERAPEUT IC OR PRODUCT CHANGES O R THE ORDERING OF TE STS 23
OR SERVICES. 24
(F) (1) A PHARMACIST SHALL PRO VIDE EACH INDIVIDUAL WHO IS 25
DISPENSED IVERMECTIN UNDER THI S SECTION WITH A STA NDARDIZED 26
INFORMATION SHEET WR ITTEN IN PLAIN LANGUAGE. 27
(2) THE STANDARDIZED INFO RMATION SHEET SHALL INCLUDE THE 28
IMPORTANCE OF FOLLOW –UP CARE AND HEALTH C ARE REFERRAL INFORMA TION. 29
(3) THE INFORMATION SHEET MAY NOT DISCOURAGE THE RECIP IENT 30
FROM USING IVERMECTI N FOR THE TREATMENT OF COVID–19. 31 HOUSE BILL 1462 3
(G) (1) THE STATE BOARD OF PHYSICIANS MAY NOT DE NY, REVOKE, OR 1
SUSPEND THE LICENSE OF OR OTHERWISE TAKE DI SCIPLINARY ACTION AG AINST A 2
PHYSICIAN BASED ON A PHARMACIST ’S FAILURE TO FOLLOW A STANDING ORDER 3
ISSUED UNDER THIS SE CTION IF THE REQUIREMENTS OF THIS SECTION ARE 4
SATISFIED BY THE PHY SICIAN. 5
(2) THE STATE BOARD OF NURSING MAY NOT DENY , REVOKE, OR 6
SUSPEND THE LICENSE OF OR OTHERWISE TAKE DI SCIPLINARY ACTION AG AINST AN 7
ADVANCED PRACTICE REGIS TERED NURSE BASED ON A PHARMACIST ’S FAILURE TO 8
FOLLOW A STANDING OR DER ISSUED UNDER THI S SECTION IF THE REQUIREMENTS 9
OF THIS SECTION ARE SATISFIED BY THE ADVANCED PRACTICE RE GISTERED NURSE . 10
(3) THE STATE BOARD OF PHARMACY MAY NOT DEN Y, REVOKE, OR 11
SUSPEND THE LICENSE OF OR OTHERWISE TAKE DI SCIPLINARY AGAINST A 12
PHARMACIST WHO FOLLO WS A STANDING ORDER ISSUED UNDER THIS SE CTION 13
BASED ON A DEFECT IN THE STANDING ORDER I F THE REQUIREMENTS OF THIS 14
SECTION ARE OTHERWISE SATISF IED BY THE PHARMACIS T. 15
(H) THE DEPARTMENT MAY ADOPT REGULATIONS TO CARRY OUT THIS 16
SECTION. 17
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
October 1, 2022. 19