Maryland 2023 Regular Session

Maryland Senate Bill SB161 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0161
6	6
7	7	SENATE BILL 161
8	8	J2 3lr1325
9	9	HB 260/22 – HGO CF 3lr1831
10	10	By: Senator Lam (By Request – State Board of Physicians)
11	11	Introduced and read first time: January 18, 2023
12	12	Assigned to: Finance
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	State Board of Physicians – Dispensing Permits 2
19	19
20	20	FOR the purpose of transferring oversight of the inspection of the offices of dispensing 3
21	21	physicians from the Office of Controlled Substances Administration to the State 4
22	22	Board of Physicians; altering the circumstances under which a physician may 5
23	23	dispense drugs or devices; requiring that certain appropriations be transferred to the 6
24	24	Board on a certain date; providing for the transfer of certain functions, powers, 7
25	25	duties, property, records, fixtures, credits, assets, liability, obligations, rights, and 8
26	26	privileges; requiring that certain employees of the Office be transferred to the Board 9
27	27	without diminution of their rights, benefits, employment, or retirement status; 10
28	28	requiring that certain positions at the Office be transferred to the Board; providing 11
29	29	for the continuity of certain transactions affected by or flowing from this Act; 12
30	30	providing for the continuity of certain laws, regulations, standards and guidelines, 13
31	31	policies, orders and other directives, forms, plans, membership, contracts, property, 14
32	32	investigations, administrative and judicial responsibilities, rights, and other duties 15
33	33	and responsibilities; and generally relating to the dispensing of drugs or devices by 16
34	34	licensed physicians. 17
35	35
36	36	BY repealing and reenacting, with amendments, 18
37	37	Article – Health Occupations 19
38	38	Section 12–102(a) and (c), 12–102.1, 12–102.2, and 14–509 20
39	39	Annotated Code of Maryland 21
40	40	(2021 Replacement Volume and 2022 Supplement) 22
41	41
42	42	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
43	43	That the Laws of Maryland read as follows: 24
44	44
45	45	Article – Health Occupations 25
46	46
47	47	12–102. 26
48	48	2 SENATE BILL 161
49	49
50	50
51	51	(a) (1) In this section the following [terms] WORDS have the meanings 1
52	52	indicated. 2
53	53
54	54	(2) “In the public interest” means the dispensing of drugs or devices by a 3
55	55	licensed dentist[, physician,] or podiatrist to a patient when a pharmacy is not conveniently 4
56	56	available to the patient. 5
57	57
58	58	(3) “Personally preparing and dispensing” means that the license d 6
59	59	dentist[, physician,] or podiatrist: 7
60	60
61	61	(i) Is physically present on the premises where the prescription is 8
62	62	filled; and 9
63	63
64	64	(ii) Performs a final check of the prescription before it is provided to 10
65	65	the patient. 11
66	66
67	67	(c) (1) This subsection does not apply to a licensed dentist who obtains a 12
68	68	permit from the State Board of Dental Examiners under subsection (h) of this section. 13
69	69
70	70	(2) This title does not prohibit: 14
71	71
72	72	(i) A licensed veterinarian from: 15
73	73
74	74	1. Personally preparing and dispensing the veterinarian’s 16
75	75	prescriptions; or 17
76	76
77	77	2. Dispensing, in accordance with § 2 –313(c) of the 18
78	78	Agriculture Article, compounded nonsterile preparations or compounded sterile 19
79	79	preparations provided by a pharmacy; 20
80	80
81	81	(II) A LICENSED PHYSICIAN F ROM PERSONALLY PREPA RING 21
82	82	AND DISPENSING PRESC RIPTIONS IF THE PHYS ICIAN HAS OBTAINED A PERMIT 22
83	83	UNDER § 14–509 OF THIS ARTICLE; 23
84	84
85	85	[(ii)] (III) A licensed dentist[, physician,] or podiatrist from 24
86	86	personally preparing and dispensing the dentist’s[, physician’s,] or podiatrist’s 25
87	87	prescriptions when: 26
88	88
89	89	1. The dentist[, physician,] or podiatrist: 27
90	90
91	91	A. Has applied to the board of licensure in this State which 28
92	92	licensed the dentist[, physician,] or podiatrist; 29
93	93
94	94	B. Has demonstrated to the satisfaction of that board that the 30
95	95	dispensing of prescription drugs or devices by the dentist[, physician,] or podiatrist is in 31
96	96	the public interest; 32 SENATE BILL 161 3
97	97
98	98
99	99
100	100	C. Has received a written permit from that board to dispense 1
101	101	prescription drugs or devices except that a written permit is not required in order to 2
102	102	dispense starter dosages or samples without charge; and 3
103	103
104	104	D. Posts a sign conspicuously positioned and readable 4
105	105	regarding the process for resolving incorrectly filled prescriptions or includes written 5
106	106	information regarding the process with each prescription dispensed; 6
107	107
108	108	2. The person for whom the drugs or devices are prescribed 7
109	109	is a patient of the prescribing dentist[, physician,] or podiatrist; 8
110	110
111	111	3. The dentist[, physician,] or podiatrist does not have a 9
112	112	substantial financial interest in a pharmacy; and 10
113	113
114	114	4. The dentist[, physician,] or podiatrist: 11
115	115
116	116	A. Complies with the dispensing and labeling requirements 12
117	117	of this title; 13
118	118
119	119	B. Records the dispensing of the prescription drug or device 14
120	120	on the patient’s chart; 15
121	121
122	122	C. Allows the Office of Controlled Substances Administration 16
123	123	to enter and inspect the dentist’s[, physician’s,] or podiatrist’s office at all reasonable hours 17
124	124	and in accordance with § 12–102.1 of this subtitle; 18
125	125
126	126	D. On inspection by the Office of Controlled Substances 19
127	127	Administration, signs and dates an acknowledgment form provided by the Office of 20
128	128	Controlled Substances Administration relating to the requirements of this section; 21
129	129
130	130	E. Except for starter dosages or samples without charge, 22
131	131	provides the patient with a written prescription, maintains prescription files in accordance 23
132	132	with § 12–403(c)(13) of this title, and maintains a separate file for Schedule II prescriptions; 24
133	133
134	134	F. Does not direct patients to a single pharmacist or 25
135	135	pharmacy in accordance with § 12–403(c)(8) of this title; 26
136	136
137	137	G. Does not receive remuneration for referring patients to a 27
138	138	pharmacist or pharmacy; 28
139	139
140	140	H. Complies with the child resistant packaging requirements 29
141	141	regarding prescription drugs under Title 22, Subtitle 3 of the Health – General Article; 30
142	142
143	143	I. Complies with drug recalls; 31
144	144	4 SENATE BILL 161
145	145
146	146
147	147	J. Maintains biennial inventories and complies with any 1
148	148	other federal and State record–keeping requirements relating to controlled dangerous 2
149	149	substances; 3
150	150
151	151	K. Purchases prescription drugs from a pharmacy or 4
152	152	wholesale distributor who holds a permit issued by the Board of Pharmacy, as verified by 5
153	153	the Board of Pharmacy; 6
154	154
155	155	L. Annually reports to the respective board of licensure 7
156	156	whether the dentist[, physician,] or podiatrist has personally prepared and dispensed 8
157	157	prescription drugs within the previous year; and 9
158	158
159	159	M. Completes ten continuing education credits over a 5–year 10
160	160	period relating to the preparing and dispensing of prescription drugs, offered by the 11
161	161	Accreditation Council for Pharmacy Education (ACPE) or as approved by the Secretary, in 12
162	162	consultation with each respective board of licensure, as a condition of permit renewal; OR 13
163	163
164	164	[(iii) A licensed physician from dispensing a topical medication 14
165	165	without obtaining the permit required under item (ii)1C of this paragraph or completing 15
166	166	the continuing education required under item (ii)4M of this paragraph when the physician: 16
167	167
168	168	1. Otherwise complies with item (ii) of this paragraph; and 17
169	169
170	170	2. Has obtained a special written permit under § 14–509 of 18
171	171	this article; 19
172	172
173	173	(iv) A licensed physician who complies with the requirements of item 20
174	174	(ii) of this paragraph from personally preparing and dispensing a prescription written by: 21
175	175
176	176	1. A physician assistant in accordance with a delegation 22
177	177	agreement that complies with Title 15, Subtitle 3 of this article; or 23
178	178
179	179	2. A nurse practitioner who is authorized to practice under 24
180	180	Title 8, Subtitle 3 of this article and is working with the physician in the same office setting; 25
181	181	or] 26
182	182
183	183	[(v)] (IV) A hospital–based clinic from dispensing prescriptions to 27
184	184	its patients. 28
185	185
186	186	12–102.1. 29
187	187
188	188	(a) This section does not apply to [a]: 30
189	189
190	190	(1) A licensed dentist who obtains a permit from the State Board of Dental 31
191	191	Examiners under § 12–102(h) of this subtitle; OR 32
192	192	SENATE BILL 161 5
193	193
194	194
195	195	(2) A LICENSED PHYSICIAN W HO OBTAINS A PERMIT FROM THE 1
196	196	STATE BOARD OF PHYSICIANS UNDE R § 14–509 OF THIS ARTICLE . 2
197	197
198	198	(b) The Office of Controlled Substances Administration shall enter and inspect 3
199	199	the office of a dentist[, physician,] or podiatrist who holds: 4
200	200
201	201	(1) An initial dispensing permit: 5
202	202
203	203	(i) Within 6 months after receiving the report required under § 6
204	204	12–102(l)(1) of this subtitle; and 7
205	205
206	206	(ii) At least one more time during the duration of the permit; and 8
207	207
208	208	(2) A renewed dispensing permit at least two times during the duration of 9
209	209	the permit. 10
210	210
211	211	(c) The Office of Controlled Substances Administration promptly shall report the 11
212	212	results of the inspections required under subsection (b) of this section to the respective 12
213	213	board of licensure. 13
214	214
215	215	12–102.2. 14
216	216
217	217	(a) This section does not apply to [a]: 15
218	218
219	219	(1) A licensed dentist who obtains a permit from the State Board of Dental 16
220	220	Examiners under § 12–102(h) of this subtitle; OR 17
221	221
222	222	(2) A LICENSED PHYSICIAN W HO OBTAINS A PER MIT FROM THE 18
223	223	STATE BOARD OF PHYSICIANS UNDER § 14–509 OF THIS ARTICLE . 19
224	224
225	225	(b) The Board of Dental Examiners[, the Board of Physicians,] and the Board of 20
226	226	Podiatric Medical Examiners shall charge a fee to a dentist[, physician,] or podiatrist who 21
227	227	holds a dispensing permit in an amount that will produce funds to approximate but not 22
228	228	exceed the documented costs to the Office of Controlled Substances Administration for 23
229	229	inspection of dispensing permit holders. 24
230	230
231	231	(c) Revenues collected by the Board of Dental Examiners[, the Board of 25
232	232	Physicians,] and the Board of Podiatric Medical Examiners under this section shall be paid 26
233	233	into the General Fund of the State. 27
234	234
235	235	14–509. 28
236	236
237	237	(a) (1) In this section[,] THE FOLLOWING WORDS HAVE THE MEANINGS 29
238	238	INDICATED. 30
239	239	6 SENATE BILL 161
240	240
241	241
242	242	(2) “ACCME” means the Accrediting Council for Continuing Medical 1
243	243	Education. 2
244	244
245	245	(3) “ADMINISTERING ” MEANS THE DIRECT INT RODUCTION OF A 3
246	246	SINGLE DOSAGE OF A D RUG OR DEVICE AT A G IVEN TIME, WHETHER BY INJECTION 4
247	247	OR OTHER MEANS , AND WHETHER IN LIQUI D, TABLET, CAPSULE, OR OTHER FORM . 5
248	248
249	249	(4) “DISPENSING PERMIT ” MEANS A WRITTEN PERM IT ISSUED BY THE 6
250	250	BOARD TO A LICENSED P HYSICIAN TO PERSONAL LY PREPARE AND DISPE NSE DRUGS 7
251	251	OR DEVICES TO A PATI ENT. 8
252	252
253	253	(5) “IN THE PUBLIC INTERES T” MEANS THE DISPENSING OF DRUGS 9
254	254	OR DEVICES BY A LICENSED PHYSICIAN TO A PATIENT WHEN A PHARMACY IS NOT 10
255	255	CONVENIENTLY AVAILAB LE TO THE PATIENT . 11
256	256
257	257	(6) “PERSONALLY PREPARING AND DISPENSING ” MEANS THAT THE 12
258	258	LICENSED PHYSICIAN : 13
259	259
260	260	(I) IS PHYSICALLY PRESENT ON THE PREMISES WHER E THE 14
261	261	PRESCRIPTION IS FILL ED; AND 15
262	262
263	263	(II) PERFORMS A FINAL CHEC K OF THE PRESCRIPTIO N BEFORE 16
264	264	IT IS PROVIDED TO TH E PATIENT. 17
265	265
266	266	(7) “SAMPLE UNIT ” HAS THE MEANING STAT ED IN 21 C.F.R. § 18
267	267	203.3(AA). 19
268	268
269	269	(8) “STARTER DOSAGE” MEANS AN AMOUNT OF A DRUG OR A DEVICE 20
270	270	SUFFICIENT TO BEGIN THERAPY: 21
271	271
272	272	(I) FOR A DURATION OF 72 HOURS OR LESS ; OR 22
273	273
274	274	(II) PRIOR TO OBTAINING A LARGER QUANTITY OF T HE DRUG 23
275	275	OR DEVICE TO COMPLET E THE THERAPY . 24
276	276
277	277	(9) “TOPICAL MEDICATION PE RMIT” MEANS A WRITTEN PERM IT 25
278	278	ISSUED BY THE BOARD TO A LICENSED P HYSICIAN TO DISPENSE TOPICAL 26
279	279	MEDICATIONS THAT ARE APPROVED BY THE FEDE RAL FOOD AND DRUG 27
280	280	ADMINISTRATION FOR TH E TREATMENT OF HYPOT RICHOSIS. 28
281	281
282	282	(b) [A physician may dispense a topical medication that is approved by the federal 29
283	283	Food and Drug Administration for the treatment of hypotrichosis without obtaining a 30
284	284	dispensing permit or completing the continuing education required under § 12–102(c)(2)(ii) 31
285	285	of this article if the physician: 32
286	286	SENATE BILL 161 7
287	287
288	288
289	289	(1) Otherwise complies with the requirements of § 12–102(c)(2)(ii) of this 1
290	290	article; and 2
291	291
292	292	(2)] THIS SECTION DOES NOT APPLY TO A PHYSICIAN WHO: 3
293	293
294	294	(1) (I) Has received a [special class of written] TOPICAL MEDICATION 4
295	295	permit from the Board[.]; 5
296	296
297	297	[(c) The Board may issue a special class of written permit to a physician under 6
298	298	subsection (b) of this section if the physician: 7
299	299
300	300	(1)] (II) DISPENSES ONLY A TOPI CAL MEDICATION THAT IS 8
301	301	APPROVED BY THE FEDE RAL FOOD AND DRUG ADMINISTRATION FOR TH E 9
302	302	TREATMENT OF HYPOTRICHOSIS ; 10
303	303
304	304	(III) Completes 1 hour of continuing medical education per year on 11
305	305	the dispensing of topical medications developed by an ACCME–accredited Maryland 12
306	306	nonprofit or governmental entity; and 13
307	307
308	308	[(2)] (IV) Pays to the Board a $100 permit fee; 14
309	309
310	310	(2) PERSONALLY DISPENSES A DRUG OR DEVICE SAM PLE TO A 15
311	311	PATIENT IF: 16
312	312
313	313	(I) THE SAMPLE COMPLIES W ITH THE LABELING 17
314	314	REQUIREMENTS OF § 12–505 OF THIS ARTICLE; 18
315	315
316	316	(II) NO CHARGE IS MADE FOR THE SAMPLE; AND 19
317	317
318	318	(III) THE AUTHORIZED PRESCR IBER ENTERS AN APPROPRIATE 20
319	319	RECORD IN THE PATIEN T’S CHART; 21
320	320
321	321	(3) ADMINISTERS A PRESCRI PTION DRUG OR DEVICE IN THE COURSE 22
322	322	OF TREATING A PATIEN T; 23
323	323
324	324	(4) PERSONALLY DISPENSES A STARTER DOSAGE OF A PRESCRIPTION 24
325	325	DRUG OR DEVICE TO A PATIENT IF: 25
326	326
327	327	(I) THE STARTER DOSAGE CO MPLIES WITH THE LABELIN G 26
328	328	REQUIREMENTS OF § 12–505 OF THIS ARTICLE; 27
329	329
330	330	(II) NO CHARGE IS MADE FOR THE STARTER DOSAGE ; AND 28
331	331
332	332	(III) THE LICENSED PHYSICIA N ENTERS AN APPROPRI ATE 29
333	333	RECORD ON THE PATIEN T’S CHART; OR 30 8 SENATE BILL 161
334	334
335	335
336	336
337	337	(5) DISPENSES A PRESCRIPT ION DRUG OR DEVICE IN THE COURSE OF 1
338	338	TREATING A PATIENT A T: 2
339	339
340	340	(I) A MEDICAL FACILITY OR CLINIC THAT IS OPERA TED ON A 3
341	341	NONPROFIT BASIS ; 4
342	342
343	343	(II) A HEALTH CENTER THAT O PERATES ON A CAMPUS OF AN 5
344	344	INSTITUTION OF HIGHE R EDUCATION; OR 6
345	345
346	346	(III) A PUBLIC HEALTH FACILI TY, A MEDICAL F ACILITY UNDER 7
347	347	CONTRACT WITH A STATE OR LOCAL HEALTH DEPARTMENT , OR A FACILITY FUNDED 8
348	348	WITH PUBLIC FUNDS . 9
349	349
350	350	(C) A LICENSED PHYSICIAN M AY PERSONALLY PREPAR E AND DISPENSE 10
351	351	PRESCRIPTIONS ONLY I F: 11
352	352
353	353	(1) THE PHYSICIAN: 12
354	354
355	355	(I) HAS AN ACTIVE LICENSE IN GOOD STANDING ; 13
356	356
357	357	(II) HAS APPLIED TO THE BOARD FOR A DISPENSIN G PERMIT; 14
358	358
359	359	(III) HAS PAID A FEE DETERM INED BY THE BOARD TO PRODUCE 15
360	360	FUNDS TO APPROXIMATE BUT NOT EXCEED THE D OCUMENTED COSTS TO T HE 16
361	361	BOARD FOR CONDUCTING INSPECTION S OF DISPENSING PERM IT HOLDERS; 17
362	362
363	363	(IV) HAS DEMONSTRATED TO T HE SATISFACTION OF T HE BOARD 18
364	364	THAT THE DISPENSING OF PRESCRIPTION DRUG S OR DEVICES BY THE PHYSICIAN IS 19
365	365	IN THE PUBLIC INTERE ST; 20
366	366
367	367	(V) HAS RECEIVED A DISPEN SING PERMIT FROM THE BOARD; 21
368	368	AND 22
369	369
370	370	(VI) HAS A SIGN CONSPICUOU SLY POSITIONED AND R EADABLE 23
371	371	REGARDING THE PROCES S FOR RESOLVING INCO RRECTLY FILLED PRESC RIPTIONS 24
372	372	OR INCLUDES WRITTEN INFORMATION REGARDIN G THE PROCESS WITH E ACH 25
373	373	PRESCRIPTION DISPENS ED; 26
374	374
375	375	(2) THE INDIVIDUAL FOR WH OM THE DRUG OR DEVICE IS 27
376	376	PRESCRIBED IS A PATI ENT OF: 28
377	377
378	378	(I) THE PRESCRIBING PHYSI CIAN; 29
379	379	SENATE BILL 161 9
380	380
381	381
382	382	(II) A PHYSICIAN ASSISTANT IN ACCORDANCE WITH A 1
383	383	DELEGATION AGREEMENT THAT COMPLIES WITH TITLE 15, SUBTITLE 3 OF THIS 2
384	384	ARTICLE; OR 3
385	385
386	386	(III) A NURSE PRACTITIONER W HO IS AUTHORIZE D TO PRACTICE 4
387	387	UNDER TITLE 8, SUBTITLE 3 OF THIS ARTICLE AND IS WORKING WITH THE 5
388	388	PHYSICIAN IN THE SAM E OFFICE SETTING ; 6
389	389
390	390	(3) THE PHYSICIAN DOES NO T HAVE A SUBSTANTIAL FINANCIAL 7
391	391	INTEREST IN A PHARMA CY; AND 8
392	392
393	393	(4) THE PHYSICIAN: 9
394	394
395	395	(I) COMPLIES WITH THE DIS PENSING AND LABELING 10
396	396	REQUIREMENTS OF THIS TITLE, TITLE 12 OF THIS ARTICLE , AND THE BOARD’S 11
397	397	REGULATIONS ; 12
398	398
399	399	(II) RECORDS THE DISPENSIN G OF THE PRESCRIPTIO N DRUG 13
400	400	OR DEVICE ON THE PAT IENT’S CHART; 14
401	401
402	402	(III) PROVIDES THE PATIENT WITH A WRITTEN PRESCRIPTION , 15
403	403	MAINTAINS PRESCRIPTI ON FILES IN ACCORDAN CE WITH § 12–403(C)(13) OF THIS 16
404	404	ARTICLE, AND MAINTAINS A SEPA RATE FILE FOR SCHEDULE II PRESCRIPTIONS ; 17
405	405
406	406	(IV) DOES NOT DIRECT PATIE NTS TO A SINGLE PHAR MACIST OR 18
407	407	PHARMACY IN ACCORDAN CE WITH § 12–403(C)(8) OF THIS ARTICLE; 19
408	408
409	409	(V) DOES NOT RECEIVE REMU NERATION FOR REFERRI NG 20
410	410	PATIENTS TO A PHARMA CIST OR PHARMACY ; 21
411	411
412	412	(VI) COMPLIES WITH THE CHI LD RESISTANT PACKAGI NG 22
413	413	REQUIREMENTS REGARDI NG PRESCRIPTION DRUG S UNDER TITLE 22, SUBTITLE 3 23
414	414	OF THE HEALTH – GENERAL ARTICLE; 24
415	415
416	416	(VII) COMPLIES WITH DRUG RE CALLS; 25
417	417
418	418	(VIII) MAINTAINS BIENNIAL IN VENTORIES AND COMPLI ES WITH 26
419	419	ANY OTHER FEDERAL AN D STATE RECORD –KEEPING REQUIREMENTS RELATING TO 27
420	420	CONTROLLED DANGEROUS SUBSTANCES; 28
421	421
422	422	(IX) PURCHASES PRESCRIPTIO N DRUGS FROM A PHARMACY OR 29
423	423	WHOLESALE DISTRIBUTO R THAT HOLDS A PERMI T ISSUED BY THE STATE BOARD OF 30
424	424	PHARMACY, AS VERIFIED BY THE STATE BOARD OF PHARMACY; AND 31
425	425	10 SENATE BILL 161
426	426
427	427
428	428	(X) COMPLIES WITH CONTINU ING EDUCATION REQUIR EMENTS 1
429	429	RELATING TO THE PREP ARING AND DISPENSING OF PRESCRIPTION DRUGS AS 2
430	430	PROVIDED FOR IN REGU LATIONS ADOPTED BY T HE BOARD. 3
431	431
432	432	(D) A PHYSICIAN WHO FAILS TO COMPLY WITH THE P ROVISIONS OF THIS 4
433	433	SECTION GOVERNING TH E DISPENSING OF PRES CRIPTION DRUGS OR DE VICES 5
434	434	SHALL: 6
435	435
436	436	(1) HAVE THE DISPENSING P ERMIT REVOKED ; AND 7
437	437
438	438	(2) BE SUBJECT TO DISCIPL INARY ACTION BY THE BOARD. 8
439	439
440	440	(E) (1) (I) WITHIN 6 MONTHS AFTER THE BOARD ISSUES AN INITI AL 9
441	441	DISPENSING PERMIT TO A LICENSED PHYSICIAN , THE BOARD SHALL ENTER AND 10
442	442	INSPECT THE OFFICE O F THE PHYSICIAN. 11
443	443
444	444	(II) IF THE BOARD RENEWS A DISPEN SING PERMIT TO A 12
445	445	LICENSED PHYSICIAN , THE BOARD SHALL ENTER AND INSPECT THE OFFICE O F THE 13
446	446	PHYSICIAN AT LEAST O NE TIME DURING THE D URATION OF THE RENEW ED PERMIT. 14
447	447
448	448	(2) THE BOARD SHALL REPORT TO THE OFFICE OF CONTROLLED 15
449	449	SUBSTANCES ADMINISTRATION ANY VI OLATION RELATED TO C ONTROLLED 16
450	450	DANGEROUS SUBSTANCES FOUND DURING AN INSP ECTION REQUIRED UNDE R 17
451	451	PARAGRAPH (1) OF THIS SUBSECTION . 18
452	452
453	453	SECTION 2. AND BE IT FURTHER ENACTED, That, on the effective date of this 19
454	454	Act, the following shall be transferred to the State Board of Physicians: 20
455	455
456	456	(1) all appropriations, including State and federal funds, held by the Office 21
457	457	of Controlled Substances Administration for the purposes of conducting inspections of 22
458	458	offices of physicians who hold dispensing permits under § 14–509 of the Health Occupations 23
459	459	Article on the effective date of this Act; and 24
460	460
461	461	(2) all books and records including electronic records, real and personal 25
462	462	property, equipment, fixtures, assets, liabilities, obligations, credits, rights, and privileges 26
463	463	held by the Office of Controlled Substances Administration for the purposes of conducting 27
464	464	inspections of offices of physicians who hold dispensing permits under § 14–509 of the 28
465	465	Health Occupations Article on the effective date of this Act. 29
466	466
467	467	SECTION 3. AND BE IT FURTHER ENACTED, That all employees of the Office of 30
468	468	Controlled Substances Administration who are assigned more than 50% of the time to a 31
469	469	function related to conducting inspections of offices of physicians who hold dispensing 32
470	470	permits under § 14–509 of the Health Occupations Article on the effective date of this Act 33
471	471	shall be transferred to the State Board of Physicians without diminution of their rights, 34
472	472	benefits, employment, or retirement status. 35 SENATE BILL 161 11
473	473
474	474
475	475
476	476	SECTION 4. AND BE IT FURTHER ENACTED, That all positions of the Office of 1
477	477	Controlled Substances Administration who are assigned more than 50% of the time to a 2
478	478	function related to conducting inspections of offices of physicians who hold dispensing 3
479	479	permits under § 14–509 of the Health Occupations Article on the effective date of this Act 4
480	480	shall be transferred to the State Board of Physicians. 5
481	481
482	482	SECTION 5. AND BE IT FURTHER ENACTED, That any transaction affected by 6
483	483	the transfer of oversight of the conducting of inspections of offices of physicians who hold 7
484	484	dispensing permits under § 14–509 of the Health Occupations Article and validly entered 8
485	485	into before the effective date of this Act, and every right, duty, or interest flowing from it 9
486	486	remains valid after the effective date of this Act and may be terminated, completed, 10
487	487	consummated, or enforced under the law. 11
488	488
489	489	SECTION 6. AND BE IT FURTHER ENACTED, That all existing laws, regulations, 12
490	490	proposed regulations, standards and guidelines, policies, orders and other directives, forms, 13
491	491	plans, memberships, contracts, property, investigations, administrative and judicial 14
492	492	responsibilities, rights to sue and be sued, and all other duties and responsibilities 15
493	493	associated with the oversight of the conducting of inspections of offices of physicians who 16
494	494	hold dispensing permits under § 14–509 of the Health Occupations Article prior to the 17
495	495	effective date of this Act shall continue and, as appropriate, are legal and binding on the 18
496	496	State Board of Physicians until completed, withdrawn, canceled, modified, or otherwise 19
497	497	changed under the law. 20
498	498
499	499	SECTION 7. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
500	500	October 1, 2023. 22
501	501