MD
Maryland House Bill HB28

Maryland 2022 Regular Session

Maryland House Bill HB28 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 319
21
3-– 1 –
4-Chapter 319
5-(House Bill 28)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *hb0028*
810
9-Pharmacists – Aids for the Cessation of Tobacco Product Use Nicotine
10-Replacement Therapy Medication
11+HOUSE BILL 28
12+J2, J1 (2lr1062)
13+ENROLLED BILL
14+— Health and Government Operations/Education, Health, and Environmental Affairs
15+and Finance —
16+Introduced by Delegates Bhandari and R. Lewis
1117
12-FOR the purpose of authorizing a pharmacist who meets the requirements of regulations
13-adopted by the State Board of Pharmacy to prescribe and dispense nicotine
14-replacement therapy medications approved by the U.S. Food and Drug
15-Administration as aids for the cessation of the use of tobacco products for the purpose
16-of aiding in tobacco cessation or smoking cessation; and generally relating to the
17-prescribing and dispensing of aids for the cessation of the use of tobacco products
18-nicotine replacement therapy medications.
18+Read and Examined by Proofreaders:
1919
20-BY repealing and reenacting, without amendments,
21- Article – Health Occupations
22-Section 12–101(a) and (b)
23- Annotated Code of Maryland
24- (2021 Replacement Volume)
20+_______________________________________________
21+Proofreader.
22+_______________________________________________
23+Proofreader.
2524
26-BY adding to
27- Article – Health Occupations
28- Section 12–101(o–2) and 12–514
29- Annotated Code of Maryland
30- (2021 Replacement Volume)
25+Sealed with the Great Seal and presented to the Governor, for his approv al this
3126
32-BY repealing and reenacting, with amendments,
33- Article – Health Occupations
34-Section 12–101(x)
35- Annotated Code of Maryland
36- (2021 Replacement Volume)
27+_______ day of _______________ at ________________________ o’clock, ________M.
3728
38-BY adding to
39- Article – Health Occupations
40-Section 12–514
41- Annotated Code of Maryland
42- (2021 Replacement Volume)
29+______________________________________________
30+Speaker.
4331
44- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
45-That the Laws of Maryland read as follows:
32+CHAPTER ______
4633
47-Article – Health Occupations
34+AN ACT concerning 1
4835
49-12–101. Ch. 319 2022 LAWS OF MARYLAND
36+Pharmacists – Aids for the Cessation of Tobacco Product Use Nicotine 2
37+Replacement Therapy Medication 3
5038
51-– 2 –
39+FOR the purpose of authorizing a pharmacist who meets the requirements of regulations 4
40+adopted by the State Board of Pharmacy to prescribe and dispense nicotine 5
41+replacement therapy medications approved by the U.S. Food and Drug 6
42+Administration as aids for the cessation of the use of tobacco products for the purpose 7
43+of aiding in tobacco cessation or smoking cessation; and generally relating to the 8
44+prescribing and dispensing of aids for the cessation of the use of tobacco products 9
45+nicotine replacement therapy medications. 10
5246
53- (a) In this title the following words have the meanings indicated.
47+BY repealing and reenacting, without amendments, 11
48+ Article – Health Occupations 12
49+Section 12–101(a) and (b) 13 2 HOUSE BILL 28
5450
55- (b) “Authorized prescriber” means any licensed dentist, licensed dental hygienist
56-with prescriptive authority under § 4–206.4 of this article, licensed physician, licensed
57-podiatrist, licensed veterinarian, advanced practice nurse with prescriptive authority
58-under § 8–508 of this article, or other individual authorized by law to prescribe prescription
59-or nonprescription drugs or devices.
6051
61- (O–2) “NICOTINE REPLACEMENT THERAPY MEDICATION ” MEANS A DRUG OR
62-PRODUCT, REGARDLESS OF WHETHE R IT IS AVAILABLE OV ER THE COUNTER , THAT:
52+ Annotated Code of Maryland 1
53+ (2021 Replacement Volume) 2
6354
64- (1) DELIVERS SMALL DOSES OF NICOTINE TO AN INDIV IDUAL; AND
55+BY adding to 3
56+ Article – Health Occupations 4
57+ Section 12–101(o–2) and 12–514 5
58+ Annotated Code of Maryland 6
59+ (2021 Replacement Volume) 7
6560
66- (2) IS APPROVED BY THE FE DERAL FOOD AND DRUG
67-ADMINISTRATION FOR TH E SOLE PURPOSE OF AI DING IN TOBACCO CESS ATION OR
68-SMOKING CESSATION .
61+BY repealing and reenacting, with amendments, 8
62+ Article – Health Occupations 9
63+Section 12–101(x) 10
64+ Annotated Code of Maryland 11
65+ (2021 Replacement Volume) 12
6966
70- (x) (1) “Practice pharmacy” means to engage in any of the following activities:
67+BY adding to 13
68+ Article – Health Occupations 14
69+Section 12–514 15
70+ Annotated Code of Maryland 16
71+ (2021 Replacement Volume) 17
7172
72- (i) Providing pharmaceutical care;
73+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
74+That the Laws of Maryland read as follows: 19
7375
74- (ii) Compounding, dispensing, or distributing prescription drugs or
75-devices;
76+Article – Health Occupations 20
7677
77- (iii) Compounding or dispensing nonprescription drugs or devices;
78+12–101. 21
7879
79- (iv) Monitoring prescriptions for prescription and nonprescription
80-drugs or devices;
80+ (a) In this title the following words have the meanings indicated. 22
8181
82- (v) Providing information, explanation, or recommendations to
83-patients and health care practitioners about the safe and effective use of prescription or
84-nonprescription drugs or devices;
82+ (b) “Authorized prescriber” means any licensed dentist, licensed dental hygienist 23
83+with prescriptive authority under § 4–206.4 of this article, licensed physician, licensed 24
84+podiatrist, licensed veterinarian, advanced practice nurse with prescriptive authority 25
85+under § 8–508 of this article, or other individual authorized by law to prescribe prescription 26
86+or nonprescription drugs or devices. 27
8587
86- (vi) Identifying and appraising problems concerning the use or
87-monitoring of therapy with drugs or devices;
88+ (O–2) “NICOTINE REPLACEMENT THERAPY MEDICATION ” MEANS A DRUG OR 28
89+PRODUCT, REGARDLESS OF WHETHE R IT IS AVAILABLE OVER THE COUNTER , THAT: 29
8890
89- (vii) Acting within the parameters of a therapy management contract,
90-as provided under Subtitle 6A of this title;
91+ (1) DELIVERS SMALL DOSES OF NICOTINE TO AN INDIV IDUAL; AND 30
9192
92- (viii) Administering vaccinations in accordance with § 12–508 of this
93-title or self–administered drugs or maintenance injectable medications in accordance with
94-§ 12–509 of this title;
95- LAWRENCE J. HOGAN, JR., Governor Ch. 319
93+ (2) IS APPROVED BY THE FE DERAL FOOD AND DRUG 31
94+ADMINISTRATION FOR TH E SOLE PURPOSE OF AI DING IN TOBACCO CESS ATION OR 32
95+SMOKING CESSATION . 33
9696
97-– 3 –
98- (ix) Delegating a pharmacy act to a registered pharmacy technician,
99-pharmacy student, or an individual engaged in a Board approved pharmacy technician
100-training program;
97+ (x) (1) “Practice pharmacy” means to engage in any of the following activities: 34 HOUSE BILL 28 3
10198
102- (x) Supervising a delegated pharmacy act performed by a registered
103-pharmacy technician, pharmacy student, or an individual engaged in a Board approved
104-pharmacy technician training program;
10599
106- (xi) Providing drug therapy management in accordance with
107-§ 19–713.6 of the Health – General Article; [or]
108100
109- (xii) Prescribing and dispensing contraceptive medications and
110-self–administered contraceptive devices approved by the U.S. Food and Drug
111-Administration; OR
101+ (i) Providing pharmaceutical care; 1
112102
113- (XIII) PRESCRIBING AND DISPE NSING NICOTINE REPLA CEMENT
114-THERAPY MEDICATIONS APPROVED BY THE U.S. FOOD AND DRUG
115-ADMINISTRATION AS AN AID FOR THE CESSATIO N OF THE USE OF TOBA CCO
116-PRODUCTS.
103+ (ii) Compounding, dispensing, or distributing prescription drugs or 2
104+devices; 3
117105
118- (2) “Practice pharmacy” does not include the operations of a person who
119-holds a permit issued under § 12–6C–03 of this title.
106+ (iii) Compounding or dispensing nonprescription drugs or devices; 4
120107
121-12–514.
108+ (iv) Monitoring prescriptions for prescription and nonprescription 5
109+drugs or devices; 6
122110
123- (A) A PHARMACIST WHO MEETS THE REQUIREMENTS OF THE REGULATIONS
124-ADOPTED UNDER THIS S ECTION MAY PRESCRIBE AND DISPENSE NICOTIN E
125-REPLACEMENT THERAPY MEDICATIONS APPROVED BY THE U.S. FOOD AND DRUG
126-ADMINISTRATION AS AN AID FOR THE CESSATIO N OF THE USE OF TOBA CCO
127-PRODUCTS.
111+ (v) Providing information, explanation, or recommendations to 7
112+patients and health care practitioners about the safe and effective use of prescription or 8
113+nonprescription drugs or devices; 9
128114
129- (B) (1) ON OR BEFORE SEPTEMBER 1, 2023, THE BOARD SHALL ADOPT
130-REGULATIONS ESTABLIS HING:
115+ (vi) Identifying and appraising problems concerning the use or 10
116+monitoring of therapy with drugs or devices; 11
131117
132- (I) STANDARD PROCEDURES T HAT A PHARMACIST SHA LL USE
133-TO:
118+ (vii) Acting within the parameters of a therapy management contract, 12
119+as provided under Subtitle 6A of this title; 13
134120
135- 1. PRESCRIBE AND DISPENS E TO A PATIENT THE
136-APPROPRIATE AID FOR THE CESSATIO N OF THE USE OF TO BACCO PRODUCTS BY TH E
137-PATIENT NICOTINE REPLACEMENT THERAPY MEDICATION ; AND
121+ (viii) Administering vaccinations in accordance with § 12–508 of this 14
122+title or self–administered drugs or maintenance injectable medications in accordance with 15
123+§ 12–509 of this title; 16
138124
139- 2. REFER THE PATIENT TO A PRIMARY CARE
140-PRACTITIONER FOR TRE ATMENT; AND
141- Ch. 319 2022 LAWS OF MARYLAND
125+ (ix) Delegating a pharmacy act to a registered pharmacy technician, 17
126+pharmacy student, or an individual engaged in a Board approved pharmacy technician 18
127+training program; 19
142128
143-– 4 –
144- (II) THE CONDITIONS UNDER WHICH A PHARMACIST M AY
145-PRESCRIBE AND DISPEN SE AN AID FOR THE CESSA TION OF THE USE OF TOBACCO
146-PRODUCTS NICOTINE REPLACEMENT THERAPY MEDICATION .
129+ (x) Supervising a delegated pharmacy act performed by a registered 20
130+pharmacy technician, pharmacy student, or an individual engaged in a Board approved 21
131+pharmacy technician training program; 22
147132
148- (2) THE REGULATIONS SHALL REQUIRE A PHARMACIST TO:
133+ (xi) Providing drug therapy management in accordance with 23
134+§ 19–713.6 of the Health – General Article; [or] 24
149135
150- (I) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS
151-SUBSECTION, COMPLETE A TRAINING PROGRAM APPROVED BY THE BOARD FOR
152-PRESCRIBING AND DISP ENSING AIDS FOR THE CESSATI ON OF THE USE OF TOB ACCO
153-PRODUCTS NICOTINE REPLACEMENT THERAPY MEDICATION ;
136+ (xii) Prescribing and dispensing contraceptive medications and 25
137+self–administered contraceptive devices approved by the U.S. Food and Drug 26
138+Administration; OR 27
154139
155- (II) FOLLOW THE STAN DARD PROCEDURES ESTA BLISHED BY
156-THE BOARD; AND
140+ (XIII) PRESCRIBING AND DISPE NSING NICOTINE REPLA CEMENT 28
141+THERAPY MEDICATIONS APPROVED BY THE U.S. FOOD AND DRUG 29
142+ADMINISTRATION AS AN AID FOR THE CESSATIO N OF THE USE OF TOBA CCO 30
143+PRODUCTS. 31
144+ 4 HOUSE BILL 28
157145
158- (III) AFTER PRESCRIBING AND DISPENSING TO A PATI ENT AN
159-AID FOR THE CESSATIO N OF THE USE OF TOBA CCO PRODUCTS NICOTINE
160-REPLACEMENT THERAPY MEDICATION:
161146
162- 1. REFER THE PATIENT FOR ANY ADDITIONAL CARE TO
163-THE PATIENT’S PRIMARY CARE PRACT ITIONER;
147+ (2) “Practice pharmacy” does not include the operations of a person who 1
148+holds a permit issued under § 12–6C–03 of this title. 2
164149
165- 2. PROVIDE THE PATIENT W ITH:
150+12–514. 3
166151
167- A. A WRITTEN RECORD OF TH E NICOTINE
168-REPLACEMENT THERAPY MEDICATION DISPENSED ; AND
152+ (A) A PHARMACIST WHO MEETS THE REQUIREMENTS OF THE REGULATIONS 4
153+ADOPTED UNDER THIS S ECTION MAY PRESCRIBE AND DISPENSE NICOTIN E 5
154+REPLACEMENT THERAPY MEDICATIONS APPROVED BY THE U.S. FOOD AND DRUG 6
155+ADMINISTRATION AS AN AID FOR THE CESSATIO N OF THE USE OF TOBA CCO 7
156+PRODUCTS. 8
169157
170- B. INFORMATION ON THE IM PORTANCE OF THE PATI ENT
171-SEEING THE PATIENT ’S PRIMARY CARE PRACTITIONER ; AND
158+ (B) (1) ON OR BEFORE SEPTEMBER 1, 2023, THE BOARD SHALL ADOPT 9
159+REGULATIONS ESTABLIS HING: 10
172160
173- 3. RECORD THE PRESCRIBIN G AND DISPENSING OF THE
174-AID FOR THE CESSATIO N OF THE USE OF TOBA CCO PRODUCTS NICOTINE
175-REPLACEMENT THERAPY MEDICATION IN ANY ELECTRONIC HE ALTH RECORD
176-MAINTAINED FOR THE P ATIENT BY THE PHARMA CIST.
161+ (I) STANDARD PROCEDURES T HAT A PHARMACIST SHA LL USE 11
162+TO: 12
177163
178- (3) THE REG ULATIONS SHALL WAIVE THE REQUIREMENT TO
179-COMPLETE THE TRAININ G PROGRAM UNDER PARA GRAPH (2)(I) OF THIS
180-SUBSECTION FOR A PHA RMACIST WHO ALREADY HAS UNDERGONE THE TR AINING AS
181-PART OF THE PHARMACI ST’S FORMAL EDUCATIONAL PROGRAM.
164+ 1. PRESCRIBE AND DISPENS E TO A PATIENT THE 13
165+APPROPRIATE AID FOR THE CESSATIO N OF THE USE OF TO BACCO PRODUCTS BY TH E 14
166+PATIENT NICOTINE REPLACEMENT THERAPY MEDICATION ; AND 15
182167
183- SECTION 2. AND BE IT FURTHER E NACTED, That this Act shall take effect
184-October 1, 2022.
168+ 2. REFER THE PATIENT TO A PRIMARY CARE 16
169+PRACTITIONER FOR TRE ATMENT; AND 17
185170
186-Approved by the Governor, May 12, 2022.
171+ (II) THE CONDITIONS UNDER WHICH A PHARMACIST M AY 18
172+PRESCRIBE AND DISPEN SE AN AID FOR THE CESSA TION OF THE USE OF TOBACCO 19
173+PRODUCTS NICOTINE REPLACEMENT THERAPY MEDICATION . 20
174+
175+ (2) THE REGULATIONS SHALL REQUIRE A PHARMACIST TO: 21
176+
177+ (I) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS 22
178+SUBSECTION, COMPLETE A TRAINING PROGRAM APPROVED BY THE BOARD FOR 23
179+PRESCRIBING AND DISP ENSING AIDS FOR THE CESSATI ON OF THE USE OF TOB ACCO 24
180+PRODUCTS NICOTINE REPLACEMENT THERAPY MEDICATION ; 25
181+
182+ (II) FOLLOW THE STAN DARD PROCEDURES ESTA BLISHED BY 26
183+THE BOARD; AND 27
184+
185+ (III) AFTER PRESCRIBING AND DISPENSING TO A PATI ENT AN 28
186+AID FOR THE CESSATIO N OF THE USE OF TOBA CCO PRODUCTS NICOTINE 29
187+REPLACEMENT THERAPY MEDICATION: 30
188+
189+ 1. REFER THE PATIENT FOR ANY ADDITIONAL CARE TO 31
190+THE PATIENT’S PRIMARY CARE PRACT ITIONER; 32 HOUSE BILL 28 5
191+
192+
193+
194+ 2. PROVIDE THE PATIENT W ITH: 1
195+
196+ A. A WRITTEN RECORD OF TH E NICOTINE 2
197+REPLACEMENT THERAPY MEDICATION DISPENSED ; AND 3
198+
199+ B. INFORMATION ON THE IM PORTANCE OF THE PATI ENT 4
200+SEEING THE PATIENT ’S PRIMARY CARE PRACTITIONER ; AND 5
201+
202+ 3. RECORD THE PRESCRIBIN G AND DISPENSING OF THE 6
203+AID FOR THE CESSATIO N OF THE USE OF TOBA CCO PRODUCTS NICOTINE 7
204+REPLACEMENT THERAPY MEDICATION IN ANY ELECTRONIC HE ALTH RECORD 8
205+MAINTAINED FOR THE P ATIENT BY THE PHARMA CIST. 9
206+
207+ (3) THE REG ULATIONS SHALL WAIVE THE REQUIREMENT TO 10
208+COMPLETE THE TRAININ G PROGRAM UNDER PARA GRAPH (2)(I) OF THIS 11
209+SUBSECTION FOR A PHA RMACIST WHO ALREADY HAS UNDERGONE THE TR AINING AS 12
210+PART OF THE PHARMACI ST’S FORMAL EDUCATIONAL PROGRAM. 13
211+
212+ SECTION 2. AND BE IT FURTHER E NACTED, That this Act shall take effect 14
213+October 1, 2022. 15
214+
215+
216+
217+
218+
219+
220+Approved:
221+________________________________________________________________________________
222+ Governor.
223+________________________________________________________________________________
224+ Speaker of the House of Delegates.
225+________________________________________________________________________________
226+ President of the Senate.