EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
Italics indicate opposite chamber/conference committee amendments.
*hb0028*
HOUSE BILL 28
J2, J1 (2lr1062)
ENROLLED BILL
— Health and Government Operations/Education, Health, and Environmental Affairs
and Finance —
Introduced by Delegates Bhandari and R. Lewis
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approv al this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
Speaker.
CHAPTER ______
AN ACT concerning 1
Pharmacists – Aids for the Cessation of Tobacco Product Use Nicotine 2
Replacement Therapy Medication 3
FOR the purpose of authorizing a pharmacist who meets the requirements of regulations 4
adopted by the State Board of Pharmacy to prescribe and dispense nicotine 5
replacement therapy medications approved by the U.S. Food and Drug 6
Administration as aids for the cessation of the use of tobacco products for the purpose 7
of aiding in tobacco cessation or smoking cessation; and generally relating to the 8
prescribing and dispensing of aids for the cessation of the use of tobacco products 9
nicotine replacement therapy medications. 10
BY repealing and reenacting, without amendments, 11
Article – Health Occupations 12
Section 12–101(a) and (b) 13 2 HOUSE BILL 28
Annotated Code of Maryland 1
(2021 Replacement Volume) 2
BY adding to 3
Article – Health Occupations 4
Section 12–101(o–2) and 12–514 5
Annotated Code of Maryland 6
(2021 Replacement Volume) 7
BY repealing and reenacting, with amendments, 8
Article – Health Occupations 9
Section 12–101(x) 10
Annotated Code of Maryland 11
(2021 Replacement Volume) 12
BY adding to 13
Article – Health Occupations 14
Section 12–514 15
Annotated Code of Maryland 16
(2021 Replacement Volume) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Health Occupations 20
12–101. 21
(a) In this title the following words have the meanings indicated. 22
(b) “Authorized prescriber” means any licensed dentist, licensed dental hygienist 23
with prescriptive authority under § 4–206.4 of this article, licensed physician, licensed 24
podiatrist, licensed veterinarian, advanced practice nurse with prescriptive authority 25
under § 8–508 of this article, or other individual authorized by law to prescribe prescription 26
or nonprescription drugs or devices. 27
(O–2) “NICOTINE REPLACEMENT THERAPY MEDICATION ” MEANS A DRUG OR 28
PRODUCT, REGARDLESS OF WHETHE R IT IS AVAILABLE OVER THE COUNTER , THAT: 29
(1) DELIVERS SMALL DOSES OF NICOTINE TO AN INDIV IDUAL; AND 30
(2) IS APPROVED BY THE FE DERAL FOOD AND DRUG 31
ADMINISTRATION FOR TH E SOLE PURPOSE OF AI DING IN TOBACCO CESS ATION OR 32
SMOKING CESSATION . 33
(x) (1) “Practice pharmacy” means to engage in any of the following activities: 34 HOUSE BILL 28 3
(i) Providing pharmaceutical care; 1
(ii) Compounding, dispensing, or distributing prescription drugs or 2
devices; 3
(iii) Compounding or dispensing nonprescription drugs or devices; 4
(iv) Monitoring prescriptions for prescription and nonprescription 5
drugs or devices; 6
(v) Providing information, explanation, or recommendations to 7
patients and health care practitioners about the safe and effective use of prescription or 8
nonprescription drugs or devices; 9
(vi) Identifying and appraising problems concerning the use or 10
monitoring of therapy with drugs or devices; 11
(vii) Acting within the parameters of a therapy management contract, 12
as provided under Subtitle 6A of this title; 13
(viii) Administering vaccinations in accordance with § 12–508 of this 14
title or self–administered drugs or maintenance injectable medications in accordance with 15
§ 12–509 of this title; 16
(ix) Delegating a pharmacy act to a registered pharmacy technician, 17
pharmacy student, or an individual engaged in a Board approved pharmacy technician 18
training program; 19
(x) Supervising a delegated pharmacy act performed by a registered 20
pharmacy technician, pharmacy student, or an individual engaged in a Board approved 21
pharmacy technician training program; 22
(xi) Providing drug therapy management in accordance with 23
§ 19–713.6 of the Health – General Article; [or] 24
(xii) Prescribing and dispensing contraceptive medications and 25
self–administered contraceptive devices approved by the U.S. Food and Drug 26
Administration; OR 27
(XIII) PRESCRIBING AND DISPE NSING NICOTINE REPLA CEMENT 28
THERAPY MEDICATIONS APPROVED BY THE U.S. FOOD AND DRUG 29
ADMINISTRATION AS AN AID FOR THE CESSATIO N OF THE USE OF TOBA CCO 30
PRODUCTS. 31
4 HOUSE BILL 28
(2) “Practice pharmacy” does not include the operations of a person who 1
holds a permit issued under § 12–6C–03 of this title. 2
12–514. 3
(A) A PHARMACIST WHO MEETS THE REQUIREMENTS OF THE REGULATIONS 4
ADOPTED UNDER THIS S ECTION MAY PRESCRIBE AND DISPENSE NICOTIN E 5
REPLACEMENT 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
(B) (1) ON OR BEFORE SEPTEMBER 1, 2023, THE BOARD SHALL ADOPT 9
REGULATIONS ESTABLIS HING: 10
(I) STANDARD PROCEDURES T HAT A PHARMACIST SHA LL USE 11
TO: 12
1. PRESCRIBE AND DISPENS E TO A PATIENT THE 13
APPROPRIATE AID FOR THE CESSATIO N OF THE USE OF TO BACCO PRODUCTS BY TH E 14
PATIENT NICOTINE REPLACEMENT THERAPY MEDICATION ; AND 15
2. REFER THE PATIENT TO A PRIMARY CARE 16
PRACTITIONER FOR TRE ATMENT; AND 17
(II) THE CONDITIONS UNDER WHICH A PHARMACIST M AY 18
PRESCRIBE AND DISPEN SE AN AID FOR THE CESSA TION OF THE USE OF TOBACCO 19
PRODUCTS NICOTINE REPLACEMENT THERAPY MEDICATION . 20
(2) THE REGULATIONS SHALL REQUIRE A PHARMACIST TO: 21
(I) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS 22
SUBSECTION, COMPLETE A TRAINING PROGRAM APPROVED BY THE BOARD FOR 23
PRESCRIBING AND DISP ENSING AIDS FOR THE CESSATI ON OF THE USE OF TOB ACCO 24
PRODUCTS NICOTINE REPLACEMENT THERAPY MEDICATION ; 25
(II) FOLLOW THE STAN DARD PROCEDURES ESTA BLISHED BY 26
THE BOARD; AND 27
(III) AFTER PRESCRIBING AND DISPENSING TO A PATI ENT AN 28
AID FOR THE CESSATIO N OF THE USE OF TOBA CCO PRODUCTS NICOTINE 29
REPLACEMENT THERAPY MEDICATION: 30
1. REFER THE PATIENT FOR ANY ADDITIONAL CARE TO 31
THE PATIENT’S PRIMARY CARE PRACT ITIONER; 32 HOUSE BILL 28 5
2. PROVIDE THE PATIENT W ITH: 1
A. A WRITTEN RECORD OF TH E NICOTINE 2
REPLACEMENT THERAPY MEDICATION DISPENSED ; AND 3
B. INFORMATION ON THE IM PORTANCE OF THE PATI ENT 4
SEEING THE PATIENT ’S PRIMARY CARE PRACTITIONER ; AND 5
3. RECORD THE PRESCRIBIN G AND DISPENSING OF THE 6
AID FOR THE CESSATIO N OF THE USE OF TOBA CCO PRODUCTS NICOTINE 7
REPLACEMENT THERAPY MEDICATION IN ANY ELECTRONIC HE ALTH RECORD 8
MAINTAINED FOR THE P ATIENT BY THE PHARMA CIST. 9
(3) THE REG ULATIONS SHALL WAIVE THE REQUIREMENT TO 10
COMPLETE THE TRAININ G PROGRAM UNDER PARA GRAPH (2)(I) OF THIS 11
SUBSECTION FOR A PHA RMACIST WHO ALREADY HAS UNDERGONE THE TR AINING AS 12
PART OF THE PHARMACI ST’S FORMAL EDUCATIONAL PROGRAM. 13
SECTION 2. AND BE IT FURTHER E NACTED, That this Act shall take effect 14
October 1, 2022. 15
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.