LAWRENCE J. HOGAN, JR., Governor Ch. 319
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Chapter 319
(House Bill 28)
AN ACT concerning
Pharmacists – Aids for the Cessation of Tobacco Product Use Nicotine
Replacement Therapy Medication
FOR the purpose of authorizing a pharmacist who meets the requirements of regulations
adopted by the State Board of Pharmacy to prescribe and dispense nicotine
replacement therapy medications approved by the U.S. Food and Drug
Administration as aids for the cessation of the use of tobacco products for the purpose
of aiding in tobacco cessation or smoking cessation; and generally relating to the
prescribing and dispensing of aids for the cessation of the use of tobacco products
nicotine replacement therapy medications.
BY repealing and reenacting, without amendments,
Article – Health Occupations
Section 12–101(a) and (b)
Annotated Code of Maryland
(2021 Replacement Volume)
BY adding to
Article – Health Occupations
Section 12–101(o–2) and 12–514
Annotated Code of Maryland
(2021 Replacement Volume)
BY repealing and reenacting, with amendments,
Article – Health Occupations
Section 12–101(x)
Annotated Code of Maryland
(2021 Replacement Volume)
BY adding to
Article – Health Occupations
Section 12–514
Annotated Code of Maryland
(2021 Replacement Volume)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Health Occupations
12–101. Ch. 319 2022 LAWS OF MARYLAND
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(a) In this title the following words have the meanings indicated.
(b) “Authorized prescriber” means any licensed dentist, licensed dental hygienist
with prescriptive authority under § 4–206.4 of this article, licensed physician, licensed
podiatrist, licensed veterinarian, advanced practice nurse with prescriptive authority
under § 8–508 of this article, or other individual authorized by law to prescribe prescription
or nonprescription drugs or devices.
(O–2) “NICOTINE REPLACEMENT THERAPY MEDICATION ” MEANS A DRUG OR
PRODUCT, REGARDLESS OF WHETHE R IT IS AVAILABLE OV ER THE COUNTER , THAT:
(1) DELIVERS SMALL DOSES OF NICOTINE TO AN INDIV IDUAL; AND
(2) IS APPROVED BY THE FE DERAL FOOD AND DRUG
ADMINISTRATION FOR TH E SOLE PURPOSE OF AI DING IN TOBACCO CESS ATION OR
SMOKING CESSATION .
(x) (1) “Practice pharmacy” means to engage in any of the following activities:
(i) Providing pharmaceutical care;
(ii) Compounding, dispensing, or distributing prescription drugs or
devices;
(iii) Compounding or dispensing nonprescription drugs or devices;
(iv) Monitoring prescriptions for prescription and nonprescription
drugs or devices;
(v) Providing information, explanation, or recommendations to
patients and health care practitioners about the safe and effective use of prescription or
nonprescription drugs or devices;
(vi) Identifying and appraising problems concerning the use or
monitoring of therapy with drugs or devices;
(vii) Acting within the parameters of a therapy management contract,
as provided under Subtitle 6A of this title;
(viii) Administering vaccinations in accordance with § 12–508 of this
title or self–administered drugs or maintenance injectable medications in accordance with
§ 12–509 of this title;
LAWRENCE J. HOGAN, JR., Governor Ch. 319
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(ix) Delegating a pharmacy act to a registered pharmacy technician,
pharmacy student, or an individual engaged in a Board approved pharmacy technician
training program;
(x) Supervising a delegated pharmacy act performed by a registered
pharmacy technician, pharmacy student, or an individual engaged in a Board approved
pharmacy technician training program;
(xi) Providing drug therapy management in accordance with
§ 19–713.6 of the Health – General Article; [or]
(xii) Prescribing and dispensing contraceptive medications and
self–administered contraceptive devices approved by the U.S. Food and Drug
Administration; OR
(XIII) PRESCRIBING AND DISPE NSING NICOTINE REPLA CEMENT
THERAPY MEDICATIONS APPROVED BY THE U.S. FOOD AND DRUG
ADMINISTRATION AS AN AID FOR THE CESSATIO N OF THE USE OF TOBA CCO
PRODUCTS.
(2) “Practice pharmacy” does not include the operations of a person who
holds a permit issued under § 12–6C–03 of this title.
12–514.
(A) A PHARMACIST WHO MEETS THE REQUIREMENTS OF THE REGULATIONS
ADOPTED UNDER THIS S ECTION MAY PRESCRIBE AND DISPENSE NICOTIN E
REPLACEMENT THERAPY MEDICATIONS APPROVED BY THE U.S. FOOD AND DRUG
ADMINISTRATION AS AN AID FOR THE CESSATIO N OF THE USE OF TOBA CCO
PRODUCTS.
(B) (1) ON OR BEFORE SEPTEMBER 1, 2023, THE BOARD SHALL ADOPT
REGULATIONS ESTABLIS HING:
(I) STANDARD PROCEDURES T HAT A PHARMACIST SHA LL USE
TO:
1. PRESCRIBE AND DISPENS E TO A PATIENT THE
APPROPRIATE AID FOR THE CESSATIO N OF THE USE OF TO BACCO PRODUCTS BY TH E
PATIENT NICOTINE REPLACEMENT THERAPY MEDICATION ; AND
2. REFER THE PATIENT TO A PRIMARY CARE
PRACTITIONER FOR TRE ATMENT; AND
Ch. 319 2022 LAWS OF MARYLAND
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(II) THE CONDITIONS UNDER WHICH A PHARMACIST M AY
PRESCRIBE AND DISPEN SE AN AID FOR THE CESSA TION OF THE USE OF TOBACCO
PRODUCTS NICOTINE REPLACEMENT THERAPY MEDICATION .
(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
PRESCRIBING AND DISP ENSING AIDS FOR THE CESSATI ON OF THE USE OF TOB ACCO
PRODUCTS NICOTINE REPLACEMENT THERAPY MEDICATION ;
(II) FOLLOW THE STAN DARD PROCEDURES ESTA BLISHED BY
THE BOARD; AND
(III) AFTER PRESCRIBING AND DISPENSING TO A PATI ENT AN
AID FOR THE CESSATIO N OF THE USE OF TOBA CCO PRODUCTS NICOTINE
REPLACEMENT THERAPY MEDICATION:
1. REFER THE PATIENT FOR ANY ADDITIONAL CARE TO
THE PATIENT’S PRIMARY CARE PRACT ITIONER;
2. PROVIDE THE PATIENT W ITH:
A. A WRITTEN RECORD OF TH E NICOTINE
REPLACEMENT THERAPY MEDICATION DISPENSED ; AND
B. INFORMATION ON THE IM PORTANCE OF THE PATI ENT
SEEING THE PATIENT ’S PRIMARY CARE PRACTITIONER ; AND
3. RECORD THE PRESCRIBIN G AND DISPENSING OF THE
AID FOR THE CESSATIO N OF THE USE OF TOBA CCO PRODUCTS NICOTINE
REPLACEMENT THERAPY MEDICATION IN ANY ELECTRONIC HE ALTH RECORD
MAINTAINED FOR THE P ATIENT BY THE PHARMA CIST.
(3) THE REG ULATIONS SHALL WAIVE THE REQUIREMENT TO
COMPLETE THE TRAININ G PROGRAM UNDER PARA GRAPH (2)(I) OF THIS
SUBSECTION FOR A PHA RMACIST WHO ALREADY HAS UNDERGONE THE TR AINING AS
PART OF THE PHARMACI ST’S FORMAL EDUCATIONAL PROGRAM.
SECTION 2. AND BE IT FURTHER E NACTED, That this Act shall take effect
October 1, 2022.
Approved by the Governor, May 12, 2022.