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. *sb0019* SENATE BILL 19 J2, J1 (2lr1028) ENROLLED BILL — Education, Health, and Environmental Affairs/Health and Government Operations — Introduced by Senator Lam Read and Examined by Proofreaders: _______________________________________________ Proofreader. _______________________________________________ Proofreader. Sealed with the Great Seal and presented to the Governor, for his approval this _______ day of _______________ at ________________________ o’clock, ________M. ______________________________________________ President. CHAPTER ______ AN ACT concerning 1 Pharmacists – Administration of Maintenance Injectable Medications – 2 Medications for Treatment of Sexually Transmitted Infections 3 FOR the purpose of altering the definition of “maintenance injectable medication” for the 4 purposes of provisions of law governing the administration of maintenance injectable 5 medications by pharmacists to include a medication that treats a sexually 6 transmitted infection and is not a vaccine defining “injectable medications for 7 treatment of sexually transmitted infections” for the purposes of authorizing 8 pharmacists to administer the medications; requiring certain insurers, nonprofit 9 health service plans, health maintenance organizations, the Maryland Medical 10 Assistance Program, and the Maryland Children’s Health Program to provide certain 11 coverage for the administration of the medication by a pharmacist; and generally 12 relating to the administration of maintenance injectable medications by 13 pharmacists. 14 2 SENATE BILL 19 BY repealing and reenacting, with amendments, 1 Article – Health Occupations 2 Section 12–101(o–1) 3 Annotated Code of Maryland 4 (2021 Replacement Volume) 5 BY repealing and reenacting, with amendments, 6 Article – Health – General 7 Section 15–148(c) 8 Annotated Code of Maryland 9 (2019 Replacement Volume and 2021 Supplement) 10 BY adding to 11 Article – Health Occupations 12 Section 12–101(l–1) 13 Annotated Code of Maryland 14 (2021 Replacement Volume) 15 BY repealing and reenacting, without with amendments, 16 Article – Health Occupations 17 Section 12–509(a) and (b) 12–509 18 Annotated Code of Maryland 19 (2021 Replacement Volume) 20 BY repealing and reenacting, with amendments, 21 Article – Insurance 22 Section 15–716 23 Annotated Code of Maryland 24 (2017 Replacement Volume and 2021 Supplement) 25 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26 That the Laws of Maryland read as follows: 27 Article – Health – General 28 15–148. 29 (c) The Program and the Maryland Children’s Health Program shall provide 30 coverage for services, to the same extent as services rendered by any other licensed health 31 care practitioner, rendered to an enrollee by a licensed pharmacist under: 32 (1) § 12–509 of the Health Occupations Article in administering 33 self–administered medications [or], maintenance injectable medications, OR INJECTABLE 34 MEDICATIONS FOR TREA TMENT OF SEXUALLY TR ANSMITTED INFECTIONS ; or 35 SENATE BILL 19 3 (2) § 12–511 of the Health Occupations Article in screening an enrollee and 1 prescribing contraceptives for the enrollee. 2 Article – Health Occupations 3 12–101. 4 (o–1) (1) “Maintenance injectable medication” means a medication that: 5 (i) Is administered by injection other than intravenously; and 6 (ii) 1. Treats a chronic need, condition, or disorder; OR 7 2. TREATS A SEXUALLY TRA NSMITTED INFECTION A ND 8 IS NOT A VACCINE. 9 (2) “Maintenance injectable medication” includes a medication for the 10 treatment of a psychiatric disorder or substance use disorder, contraception, and vitamins. 11 (L–1) “INJECTABLE MEDICATION FOR TREATMENT OF A S EXUALLY 12 TRANSMITTED INFECTIO N” MEANS A MEDICATION T HAT: 13 (1) IS ADMINISTERED BY IN JECTION OTHER THAN I NTRAVENOUSLY ; 14 (2) TREATS A SEXUALLY TRANSMITTED INFECTIO N; AND 15 (3) IS NOT A VACCINE. 16 12–509. 17 (a) In addition to the authority granted to a pharmacist under § 12–508 of this 18 subtitle, a pharmacist, in accordance with regulations adopted by the Board, may 19 administer: 20 (1) A self–administered drug to a patient that is prescribed by an 21 authorized prescriber; and 22 (2) Subject to subsection (b) of this section, a maintenance injectable 23 medication OR AN INJECTABLE MED ICATION FOR TREATMEN T OF A SEXUALLY 24 TRANSMITTED INFECTIO N that is not a biological product to a patient: 25 (i) That is prescribed by an authorized prescriber; 26 (ii) In accordance with a standing order issued by an authorized 27 public health official; or 28 4 SENATE BILL 19 (iii) In accordance with a protocol under Subtitle 6A of this title. 1 (b) A pharmacist may not administer an initial dose of a maintenance injectable 2 medication product OR AN INJECTABLE MED ICATION FOR TREATMEN T OF A SEXUALLY 3 TRANSMITTED INFECTIO N under subsection (a)(2) of this section unless the pharmacist 4 receives written approval from the prescriber. 5 (c) (1) On or before September 1, 2021, the Board, in consultation with the 6 State Board of Physicians and the State Board of Nursing, shall adopt regulations 7 establishing standard procedures: 8 (i) For notifying a patient about payment for services before the 9 pharmacist administers a maintenance injectable medication OR AN INJECTABLE 10 MEDICATION FOR TREAT MENT OF A SEXUALLY T RANSMITTED INFECTION ; 11 (ii) That a pharmacist must use to administer [a]: 12 1. A maintenance injectable medication after an initial dose 13 is administered by the prescriber; OR 14 2. AN INJECTABLE MEDICAT ION FOR TREATMENT OF A 15 SEXUALLY TRANSMITTED INFECTION; 16 (iii) That a pharmacist must use to administer an initial dose of a 17 maintenance injectable medication OR AN INJECTABLE MED ICATION FOR TREATMEN T 18 OF A SEXUALLY TRANSM ITTED INFECTION if the administration of the initial dose is 19 authorized under subsection (b) of this section; and 20 (iv) For communicating to the prescriber whether a medication was 21 administered to a specific patient and relevant information about the patient’s condition. 22 (2) The regulations shall require a pharmacist to: 23 (i) Except as provided in paragraph (3) of this subsection, complete 24 a training program approved by the Board for: 25 1. Administering maintenance injectable medications AND 26 INJECTABLE MEDICATIO NS FOR TREATMENT OF A SEXUALLY TRANSMITT ED 27 INFECTION; and 28 2. Managing the populations the pharmacist serves, the 29 medications being administered, and the current guidelines relating to these populations 30 and medications; 31 (ii) Follow the standard procedures established by the Board; and 32 SENATE BILL 19 5 (iii) After administering a maintenance injectable medication OR AN 1 INJECTABLE MEDICATIO N FOR TREATMENT OF A SEXUALLY TRANSMITTED 2 INFECTION: 3 1. Notify the prescriber that the maintenance injectable 4 medication OR INJECTABLE MEDICA TION FOR TREATMENT O F A SEXUALLY 5 TRANSMITTED INFECTIO N was administered and of any relevant details about the 6 patient’s condition; 7 2. Provide the patient with a written record of the 8 maintenance injectable medication OR INJECTABLE MEDICA TION FOR TREATMENT O F A 9 SEXUALLY TRANSMITTED INFECTION administered; 10 3. Record in any electronic or written health record on the 11 patient maintained by the pharmacist: 12 A. The administering of the maintenance injectable 13 medication OR INJECTABLE MEDICA TION FOR TREATMENT O F A SEXUALLY 14 TRANSMITTED INFECTIO N; and 15 B. Any pertinent details about the patient’s condition; and 16 4. Notify the patient of the need to attend any upcoming 17 appointments the patient has scheduled with the prescriber. 18 (3) The regulations shall waive the requirement to complete a training 19 program for a pharmacist who already has undergone the training as part of the 20 pharmacist’s formal educational program. 21 Article – Insurance 22 15–716. 23 (a) This section applies to individual, group, or blanket health insurance policies 24 and contracts delivered or issued for delivery in the State by insurers, nonprofit health 25 service plans, and health maintenance organizations that provide coverage for patient 26 assessment regarding, and administration of, self–administered medications [and], 27 maintenance injectable medications, AND INJECTABLE MEDIC ATIONS FOR TREATMENT 28 OF SEXUALLY TRANSMIT TED INFECTIONS . 29 (b) An entity subject to this section shall provide coverage for services rendered by 30 a licensed pharmacist under § 12–509 of the Health Occupations Article to an individual 31 who is covered under a policy or contract issued or delivered by the entity, to the same extent 32 as services rendered by any other licensed health care practitioner, for patient assessment 33 regarding and in administering self–administered medications [or], maintenance injectable 34 6 SENATE BILL 19 medications, OR INJECTABLE MEDICA TIONS FOR TREATMENT OF SEXUALLY 1 TRANSMITTED INFECTIO NS. 2 SECTION 2. AND BE IT FURTHER ENACTED, That, to the extent determined 3 appropriate by the State Board of Pharmacy, the regulations adopted by the State Board of 4 Pharmacy, in consultation with the State Board of Physicians and the State Board of 5 Nursing, under § 12–509 of the Health Occupations Article, as enacted by Chapters 757 and 6 758 of the Acts of the General Assembly of 2021, for the administration of maintenance 7 injectable medications by a pharmacist shall be the same regulations for the administration 8 of injectable medications for treatment of sexually transmitted infections by a pharmacist 9 adopted in accordance with § 12–509 of the Health Occupations Article, as enacted by this 10 Act. 11 SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 12 October 1, 2022. 13 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ President of the Senate. ________________________________________________________________________________ Speaker of the House of Delegates.