LAWRENCE J. HOGAN, JR., Governor Ch. 719
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Chapter 719
(House Bill 229)
AN ACT concerning
Pharmacists – Administration of Maintenance Injectable Medications –
Medications for Treatment of Sexually Transmitted Infections
FOR the purpose of altering the definition of “maintenance injectable medication” for the
purposes of provisions of law governing the administration of maintenance injectable
medications by pharmacists to include a medication that treats a sexually
transmitted infection and is not a vaccine defining “injectable medications for
treatment of sexually transmitted infections” for the purposes of authorizing
pharmacists to administer the medications; requiring certain insurers, nonprofit
health service plans, health maintenance organizations, the Maryland Medical
Assistance Program, and the Maryland Children’s Health Program to provide certain
coverage for the administration of the medication by a pharmacist; and generally
relating to the administration of maintenance injectable medications by
pharmacists.
BY repealing and reenacting, with amendments,
Article – Health Occupations
Section 12–101(o–1)
Annotated Code of Maryland
(2021 Replacement Volume)
BY repealing and reenacting, with amendments,
Article – Health – General
Section 15–148(c)
Annotated Code of Maryland
(2019 Replacement Volume and 2021 Supplement)
BY adding to
Article – Health Occupations
Section 12–101(l–1)
Annotated Code of Maryland
(2021 Replacement Volume)
BY repealing and reenacting, without with amendments,
Article – Health Occupations
Section 12–509(a) and (b) 12–509
Annotated Code of Maryland
(2021 Replacement Volume)
BY repealing and reenacting, with amendments,
Article – Insurance Ch. 719 2022 LAWS OF MARYLAND
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Section 15–716
Annotated Code of Maryland
(2017 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Health – General
15–148.
(c) The Program and the Maryland Children’s Health Program shall provide
coverage for services, to the same extent as services rendered by any other licensed health
care practitioner, rendered to an enrollee by a licensed pharmacist under:
(1) § 12–509 of the Health Occupations Article in administering
self–administered medications [or], maintenance injectable medications, OR INJECTABLE
MEDICATIONS FOR TREA TMENT OF SEXUALLY TRANSMIT TED INFECTIONS ; or
(2) § 12–511 of the Health Occupations Article in screening an enrollee and
prescribing contraceptives for the enrollee.
Article – Health Occupations
12–101.
(o–1) (1) “Maintenance injectable medication” means a medication that:
(i) Is administered by injection other than intravenously; and
(ii) 1. Treats a chronic need, condition, or disorder; OR
2. TREATS A SEXUALLY TRA NSMITTED INFECTION A ND
IS NOT A VACCINE .
(2) “Maintenance injectable medication” includes a medication for the
treatment of a psychiatric disorder or substance use disorder, contraception, and vitamins.
(L–1) “INJECTABLE MEDICATION FOR TREATMENT OF A S EXUALLY
TRANSMITTED INFECTIO N” MEANS A MEDICATION T HAT:
(1) IS ADMINISTERED BY IN JECTION OTHER THAN I NTRAVENOUSLY ;
(2) TREATS A SEXUALLY TRA NSMITTED INFECTION ; AND
LAWRENCE J. HOGAN, JR., Governor Ch. 719
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(3) IS NOT A VACCINE.
12–509.
(a) In addition to the authority granted to a pharmacist under § 12–508 of this
subtitle, a pharmacist, in accordance with regulations adopted by the Board, may
administer:
(1) A self–administered drug to a patient that is prescribed by an
authorized prescriber; and
(2) Subject to subsection (b) of this section, a maintenance injectable
medication OR AN INJEC TABLE MEDICATION FOR TREATMENT OF A SEXUA LLY
TRANSMITTED INFECTIO N that is not a biological product to a patient:
(i) That is prescribed by an authorized prescriber;
(ii) In accordance with a standing order issued by an authorized
public health official; or
(iii) In accordance with a protocol under Subtitle 6A of this title.
(b) A pharmacist may not administer an initial dose of a maintenance injectable
medication product OR AN INJECTABLE MED ICATION FOR TREATMEN T OF A SEXUALLY
TRANSMITTED INFE CTION under subsection (a)(2) of this section unless the pharmacist
receives written approval from the prescriber.
(c) (1) On or before September 1, 2021, the Board, in consultation with the
State Board of Physicians and the State Board of Nursing, shall adopt regulations
establishing standard procedures:
(i) For notifying a patient about payment for services before the
pharmacist administers a maintenance injectable medication OR AN INJECTABLE
MEDICATION FOR TREAT MENT OF A SEXUALLY T RANSMITTED INFECTION;
(ii) That a pharmacist must use to administer [a]:
1. A maintenance injectable medication after an initial dose
is administered by the prescriber; OR
2. AN INJECTABLE MEDICAT ION FOR TREATMENT OF A
SEXUALLY TRANSMITTED INFECTION;
(iii) That a pharmacist must use to administer an initial dose of a
maintenance injectable medication OR AN INJECTABLE MED ICATION FOR TREATMEN T Ch. 719 2022 LAWS OF MARYLAND
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OF A SEXUALLY TRANSM ITTED INFECTION if the administration of the initial dose is
authorized under subsection (b) of this section; and
(iv) For communicating to the prescriber whether a medication was
administered to a specific patient and relevant information about the patient’s condition.
(2) The regulations shall require a pharmacist to:
(i) Except as provided in paragraph (3) of this subsection, complete
a training program approved by the Board for:
1. Administering maintenance injectable medications AND
INJECTABLE MEDICATIO NS FOR TREATMENT OF A SEXUALLY TRANSMITT ED
INFECTION; and
2. Managing the populations the pharmacist serves, the
medications being administered, and the current guidelines relating to these populations
and medications;
(ii) Follow the standard procedures established by the Board; and
(iii) After administering a maintenance injectable medication OR AN
INJECTABLE MEDICATIO N FOR TREATMENT OF A SEXUALLY TRANSMITTED
INFECTION:
1. Notify the prescriber that the maintenance injectable
medication OR INJECTABLE MEDICA TION FOR TREATMENT O F A SEXUALLY
TRANSMITTED INFECTIO N was administered and of any relevant details about the
patient’s condition;
2. Provide the patient with a written record of the
maintenance injectable medication OR INJECTABLE MEDICATION FOR TREAT MENT OF
A SEXUALLY TRANSMITT ED INFECTION administered;
3. Record in any electronic or written health record on the
patient maintained by the pharmacist:
A. The administering of the maintenance injectable
medication OR INJECTAB LE MEDICATION FOR TR EATMENT OF A SEXUALL Y
TRANSMITTED INFECTIO N; and
B. Any pertinent details about the patient’s condition; and
4. Notify the patient of the need to attend any upcoming
appointments the patient has scheduled with the prescriber. LAWRENCE J. HOGAN, JR., Governor Ch. 719
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(3) The regulations shall waive the requirement to complete a training
program for a pharmacist who already has undergone the training as part of the
pharmacist’s formal educational program.
Article – Insurance
15–716.
(a) This section applies to individual, group, or blanket health insurance policies
and contracts delivered or issued for delivery in the State by insurers, nonprofit health
service plans, and health maintenance organizations that provide coverage for patient
assessment regarding, and administration of, self–administered medications [and],
maintenance injectable medications, AND INJECTABLE MEDIC ATIONS FOR TREATMENT
OF SEXUALLY TRANSMIT TED INFECTIONS .
(b) An entity subject to this section shall provide coverage for services rendered
by a licensed pharmacist under § 12–509 of the Health Occupations Article to an individual
who is covered under a policy or contract issued or delivered by the entity, to the same
extent as services rendered by any other licensed health care practitioner, for patient
assessment regarding and in administering self –administered medications [or],
maintenance injectable medications, OR INJECTABLE MEDICA TIONS FOR TREATMENT
OF SEXUALLY TRANSMIT TED INFECTIONS .
SECTION 2. AND BE IT FURTHER ENACTED, That, to the extent determined
appropriate by the State Board of Pharmacy, the regulations adopted by the State Board of
Pharmacy, in consultation with the State Board of Physicians and the State Board of
Nursing, under § 12–509 of the Health Occupations Article, as enacted by Chapters 757
and 758 of the Acts of 2021, for the administration of maintenance injectable medications
by a pharmacist shall be the same regulations for the administration of injectable
medications for treatment of sexually transmitted infections by a pharmacist adopted in
accordance with § 12–509 of the Health Occupations Article, as enacted by this Act.
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2022.
Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.