EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0028*
HOUSE BILL 28
J2, J1 2lr1062
HB 1594/20 – HRU (PRE–FILED) CF 2lr1060
By: Delegates Bhandari and R. Lewis
Requested: October 29, 2021
Introduced and read first time: January 12, 2022
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Pharmacists – Aids for the Cessation of Tobacco Product Use 2
FOR the purpose of authorizing a pharmacist who meets the requirements of regulations 3
adopted by the State Board of Pharmacy to prescribe and dispense nicotine 4
replacement therapy medications approved by the U.S. Food and Drug 5
Administration as aids for the cessation of the use of tobacco products; and generally 6
relating to the prescribing and dispensing of aids for the cessation of the use of 7
tobacco products. 8
BY repealing and reenacting, without amendments, 9
Article – Health Occupations 10
Section 12–101(a) and (b) 11
Annotated Code of Maryland 12
(2021 Replacement Volume) 13
BY repealing and reenacting, with amendments, 14
Article – Health Occupations 15
Section 12–101(x) 16
Annotated Code of Maryland 17
(2021 Replacement Volume) 18
BY adding to 19
Article – Health Occupations 20
Section 12–514 21
Annotated Code of Maryland 22
(2021 Replacement Volume) 23
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24
That the Laws of Maryland read as follows: 25
2 HOUSE BILL 28
Article – Health Occupations 1
12–101. 2
(a) In this title the following words have the meanings indicated. 3
(b) “Authorized prescriber” means any licensed dentist, licensed dental hygienist 4
with prescriptive authority under § 4–206.4 of this article, licensed physician, licensed 5
podiatrist, licensed veterinarian, advanced practice nurse with prescriptive authority 6
under § 8–508 of this article, or other individual authorized by law to prescribe prescription 7
or nonprescription drugs or devices. 8
(x) (1) “Practice pharmacy” means to engage in any of the following activities: 9
(i) Providing pharmaceutical care; 10
(ii) Compounding, dispensing, or distributing prescription drugs or 11
devices; 12
(iii) Compounding or dispensing nonprescription drugs or devices; 13
(iv) Monitoring prescriptions for prescription and nonprescription 14
drugs or devices; 15
(v) Providing information, explanation, or recommendations to 16
patients and health care practitioners about the safe and effective use of prescription or 17
nonprescription drugs or devices; 18
(vi) Identifying and appraising problems concerning the use or 19
monitoring of therapy with drugs or devices; 20
(vii) Acting within the parameters of a therapy management contract, 21
as provided under Subtitle 6A of this title; 22
(viii) Administering vaccinations in accordance with § 12–508 of this 23
title or self–administered drugs or maintenance injectable medications in accordance with 24
§ 12–509 of this title; 25
(ix) Delegating a pharmacy act to a registered pharmacy technician, 26
pharmacy student, or an individual engaged in a Board approved pharmacy technician 27
training program; 28
(x) Supervising a delegated pharmacy act performed by a registered 29
pharmacy technician, pharmacy student, or an individual engaged in a Board approved 30
pharmacy technician training program; 31
(xi) Providing drug therapy management in accordance with 32 HOUSE BILL 28 3
§ 19–713.6 of the Health – General Article; [or] 1
(xii) Prescribing and dispensing contraceptive medications and 2
self–administered contraceptive devices approved by the U.S. Food and Drug 3
Administration; OR 4
(XIII) PRESCRIBING AND DISPE NSING NICOTIN E REPLACEMENT 5
THERAPY MEDICATIONS APPROVED BY THE U.S. FOOD AND DRUG 6
ADMINISTRATION AS AN AID FOR THE CESSATIO N OF THE USE OF TOBA CCO 7
PRODUCTS. 8
(2) “Practice pharmacy” does not include the operations of a person who 9
holds a permit issued under § 12–6C–03 of this title. 10
12–514. 11
(A) A PHARMACIST WHO MEETS THE REQUIREMENTS OF THE REGULATIONS 12
ADOPTED UNDER THIS S ECTION MAY PRESCRIBE AND DISPENSE NICOTIN E 13
REPLACEMENT THERAPY MEDICATIONS APPROVED BY THE U.S. FOOD AND DRUG 14
ADMINISTRATION AS AN AID FOR THE CE SSATION OF THE USE O F TOBACCO 15
PRODUCTS. 16
(B) (1) ON OR BEFORE SEPTEMBER 1, 2023, THE BOARD SHALL ADOPT 17
REGULATIONS ESTABLIS HING: 18
(I) STANDARD PROCEDURES T HAT A PHARMACIST SHA LL USE 19
TO: 20
1. PRESCRIBE AND DISPENS E TO A PATIENT THE 21
APPROPRIATE AID FOR THE CESSATION OF THE USE OF TOBACCO P RODUCTS BY THE 22
PATIENT; AND 23
2. REFER THE PATIENT TO A PRIMARY CARE 24
PRACTITIONER FOR TRE ATMENT; AND 25
(II) THE CONDITIONS UNDER WHICH A PHARMACIST M AY 26
PRESCRIBE AND DISPEN SE AN AID FOR THE CE SSATION OF THE USE OF TOBACCO 27
PRODUCTS. 28
(2) THE REGULATIONS SHALL REQUIRE A PHARMACIST TO: 29
(I) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS 30
SUBSECTION, COMPLETE A TRAINING PROGRAM APPROVED BY THE BOARD FOR 31
PRESCRIBING AND DISP ENSING AIDS FOR THE CESSATION OF THE USE OF TOBACCO 32
PRODUCTS; 33 4 HOUSE BILL 28
(II) FOLLOW THE STANDARD P ROCEDURES ESTABLISHE D BY 1
THE BOARD; AND 2
(III) AFTER PRESCRIBING AND DISPENSING TO A PATI ENT AN 3
AID FOR THE CESSATIO N OF THE USE OF TOBA CCO PRODUCTS : 4
1. REFER THE PATIENT FOR ANY ADDITIONAL CARE TO 5
THE PATIENT’S PRIMARY CARE PRACT ITIONER; 6
2. PROVIDE THE PATIENT W ITH: 7
A. A WRITTEN RECORD OF TH E MEDICATION 8
DISPENSED; AND 9
B. INFORMATION ON THE IM PORTANCE OF THE PATI ENT 10
SEEING THE PATIENT ’S PRIMARY CARE PRACT ITIONER; AND 11
3. RECORD THE PRESCRIBING AND DISP ENSING OF THE 12
AID FOR THE CESSATIO N OF THE USE OF TOBA CCO PRODUCTS IN ANY ELECTRONIC 13
HEALTH RECORD MAINTA INED FOR THE PATIENT BY THE PHARMACIST . 14
(3) THE REGULATIONS SHALL WAIVE THE REQUIREMEN T TO 15
COMPLETE THE TRAININ G PROGRAM UNDER PARAGRAPH (2)(I) OF THIS 16
SUBSECTION FOR A PHA RMACIST WHO ALREADY HAS UNDERGONE THE TR AINING AS 17
PART OF THE PHARMACI ST’S FORMAL EDUCATIONAL PROGRAM. 18
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
October 1, 2022. 20