Maryland 2023 Regular Session

Maryland Senate Bill SB647 Compare Versions

Version 1 (Old)

Version 2 (New)

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		-	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	5		sb0647
9	6
10	7		SENATE BILL 647
11		-	J2 ~~EMERGENCY BILL~~ 3lr1402
	8	+	J2 3lr1402
12	9		CF HB 693
13	10		By: Senators Carozza, Lam, Mautz, and Lewis Young
14	11		Introduced and read first time: February 6, 2023
15	12		Assigned to: Finance
16		-	Committee Report: Favorable with amendments
17		-	Senate action: Adopted
18		-	Read second time: March 22, 2023
19	13
20		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
21	15
22	16		AN ACT concerning 1
23	17
24		-	State Board of Pharmacy – Board Membership and, Delegated Pharmacy Acts, 2
25		-	and Sunset Extension 3
	18	+	State Board of Pharmacy – Board Membership and Delegated Pharmacy Acts 2
26	19
27		-	FOR the purpose of altering the membership of the State Board of Pharmacy to include a 4
28		-	registered pharmacy technician; authorizing a licensed pharmacist, under certain 5
29		-	circumstances, to delegate pharmacy acts the entry of certain data into databases 6
30		-	or patient charts to be performed at a remote location to a registered pharmacy 7
31		-	technician and a registered pharmacy intern; repealing the prohibition on a 8
32		-	registered pharmacy technician administering influenza vaccines; prohibiting 9
33		-	registered pharmacy technicians and pharmacy technician trainees from making 10
34		-	decisions that require the professional judgment of a pharmacist; prohibiting a 11
35		-	registered pharmacy technician from administering a vaccination except under 12
36		-	certain circumstances; continuing the Board in accordance with the provisions of 13
37		-	the Maryland Program Evaluation Act (sunset law) by extending to a certain date 14
38		-	the termination provisions relating to certain statutory and regulatory authority of 15
39		-	the Board; and generally relating to the State Board of Pharmacy. 16
	20	+	FOR the purpose of altering the membership of the State Board of Pharmacy to include a 3
	21	+	registered pharmacy technician; authorizing a licensed pharmacist, under certain 4
	22	+	circumstances, to delegate pharmacy acts to be performed at a remote location to a 5
	23	+	registered pharmacy technician and a registered pharmacy intern; repealing the 6
	24	+	prohibition on a registered pharmacy technician administering influenza vaccines; 7
	25	+	prohibiting registered pharmacy technicians and pharmacy technician trainees 8
	26	+	from making decisions that require the professional judgment of a pharmacist; 9
	27	+	continuing the Board in accordance with the provisions of the Maryland Program 10
	28	+	Evaluation Act (sunset law) by extending to a certain date the termination 11
	29	+	provisions relating to certain statutory and regulatory authority of the Board; and 12
	30	+	generally relating to the State Board of Pharmacy. 13
40	31
41		-	BY repealing and reenacting, without amendments, 17
42		-	Article – Health Occupations 18
43		-	Section 12–101(a) and 12–307(d) 19
44		-	Annotated Code of Maryland 20
45		-	(2021 Replacement Volume and 2022 Supplement) 21
	32	+	BY repealing and reenacting, without amendments, 14
	33	+	Article – Health Occupations 15
	34	+	Section 12–101(a) and 12–307(d) 16
	35	+	Annotated Code of Maryland 17
	36	+	(2021 Replacement Volume and 2022 Supplement) 18
46	37
47		-	BY repealing and reenacting, with amendments, 22
48		-	Article – Health Occupations 23 2 SENATE BILL 647
	38	+	BY repealing and reenacting, with amendments, 19
	39	+	Article – Health Occupations 20
	40	+	Section 12–101(g), 12–202(a) and (b), 12–6B–06, and 12–802 21
	41	+	Annotated Code of Maryland 22
	42	+	(2021 Replacement Volume and 2022 Supplement) 23
49	43
50		-
51		-	Section 12–101(g), 12–202(a) and (b), 12–6B–06, and 12–802 1
52		-	Annotated Code of Maryland 2
53		-	(2021 Replacement Volume and 2022 Supplement) 3
54		-
55		-	BY adding to 4
56		-	Article – Health Occupations 5
57		-	Section 12–307(e) 6
58		-	Annotated Code of Maryland 7
59		-	(2021 Replacement Volume and 2022 Supplement) 8
60		-
61		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9
62		-	That the Laws of Maryland read as follows: 10
63		-
64		-	Article – Health Occupations 11
65		-
66		-	12–101. 12
67		-
68		-	(a) In this title the following words have the meanings indicated. 13
69		-
70		-	(g) (1) “Delegated pharmacy act” means an activity that constitutes the 14
71		-	practice of pharmacy delegated by a licensed pharmacist under this title and regulations 15
72		-	adopted by the Board. 16
73		-
74		-	(2) “Delegated pharmacy act” does not include: 17
75		-
76		-	(i) An act within the parameters of a therapy management 18
77		-	contract as provided under Subtitle 6A of this title; 19
78		-
79		-	[(ii) The EXCEPT AS PROVIDED IN § 12–6B–06 OF THIS TITLE, 20
80		-	THE administration of an influenza A vaccination in accordance with § 12–508 of this 21
81		-	title;] 22
82		-
83		-	[(iii)] (II) The delegation of a pharmacy act by a registered 23
84		-	pharmacy technician, pharmacy student, or pharmacy technician trainee; 24
85		-
86		-	[(iv)] (III) A pharmacy activity performed by a pharmacy student in 25
87		-	accordance with § 12–301(b) of this title; 26
88		-
89		-	[(v)] (IV) A pharmacy activity performed by an applicant for a 27
90		-	license to practice pharmacy in accordance with regulations adopted by the Board; [or] 28
91		-
92		-	(V) (VI) A DECISION–MAKING TASK THAT REQ UIRES THE 29
93		-	PROFESSIONAL JUDGMEN T OF A PHARMACIST ; AND 30
94		-
95		-	(vi) (VII) The performance of other functions prohibited in 31
96		-	regulations adopted by the Board. 32 SENATE BILL 647 3
	44	+	BY adding to 24
	45	+	Article – Health Occupations 25
	46	+	Section 12–307(e) 26
	47	+	Annotated Code of Maryland 27
	48	+	(2021 Replacement Volume and 2022 Supplement) 28 2 SENATE BILL 647
97	49
98	50
99	51
100		-	12–202. 1
	52	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
	53	+	That the Laws of Maryland read as follows: 2
101	54
102		-	~~(a) (1) The Board consists of [twelve] 13 members. 2~~
	55	+	Article – Health Occupations 3
103	56
104		-	~~(2) Of the [twelve] 13 Board members: 3~~
	57	+	12–101. 4
105	58
106		-	(i) ~~Ten shall be licensed pharmacists,~~ ~~including: 4~~
	59	+	(a) In this title the following words have the meanings indicated. 5
107	60
108		-	1. Two who at the time of appointment practice primarily in 5
109		-	chain store pharmacies; 6
	61	+	(g) (1) “Delegated pharmacy act” means an activity that constitutes the 6
	62	+	practice of pharmacy delegated by a licensed pharmacist under this title and regulations 7
	63	+	adopted by the Board. 8
110	64
111		-	2. Two who at the time of appointment practice primarily in 7
112		-	independent pharmacies; 8
	65	+	(2) “Delegated pharmacy act” does not include: 9
113	66
114		-	~~3. Two who at~~ the ~~time~~ of ~~appointment practice primarily in 9~~
115		-	~~an acute–care hospital~~; 10
	67	+	(i) An act within the parameters of a therapy management 10
	68	+	contract as provided under Subtitle 6A of this title; 11
116	69
117		-	~~4. One who at~~ the ~~time~~ of ~~appointment practices primarily 11~~
118		-	~~in a pharmacy that provides services to a long–term care facility;~~ 12
	70	+	[(ii) The administration of an influenza vaccination in accordance 12
	71	+	with § 12–508 of this title;] 13
119	72
120		-	~~5. One who at~~ the ~~time~~ of ~~appointment practices primarily 13~~
121		-	~~in a~~ pharmacy ~~that specializes in the provision of home infusion/home care services~~; ~~and 14~~
	73	+	[(iii)] (II) The delegation of a pharmacy act by a registered 14
	74	+	pharmacy technician, pharmacy student, or pharmacy technician trainee; 15
122	75
123		-	6. Two pharmacists at–large; [and] 15
	76	+	[(iv)] (III) A pharmacy activity performed by a pharmacy student in 16
	77	+	accordance with § 12–301(b) of this title; 17
124	78
125		-	(II) ~~ONE SHALL BE~~ A ~~REGIST ERED~~ PHARMACY ~~TECHNI CIAN;~~ 16
126		-	~~AND 17~~
	79	+	[(v)] (IV) A pharmacy activity performed by an applicant for a 18
	80	+	license to practice pharmacy in accordance with regulations adopted by the Board; [or] 19
127	81
128		-	[(ii)] (III) Two shall be consumer members. 18
	82	+	(V) A DECISION–MAKING TASK THAT REQ UIRES THE 20
	83	+	PROFESSIONAL JUDGMEN T OF A PHARMACIST ; AND 21
129	84
130		-	(3) (i) The Governor shall appoint the chain store pharmacist 19
131		-	members, with the advice of the Secretary, from a list of names submitted to the 20
132		-	Secretary and the Governor by the Maryland Association of Chain Drug Stores. 21
	85	+	(vi) The performance of other functions prohibited in regulations 22
	86	+	adopted by the Board. 23
133	87
134		-	(ii) The Governor shall appoint the independent pharmacist 22
135		-	members, with the advice of the Secretary, from a list of names submitted to the 23
136		-	Secretary and the Governor by the Maryland Pharmacists Association and the Maryland 24
137		-	Pharmaceutical Society. 25
	88	+	12–202. 24
138	89
139		-	(iii) The Governor shall appoint the acute–care hospital pharmacist 26
140		-	members, with the advice of the Secretary, from a list of names submitted to the 27
141		-	Secretary and the Governor by the Maryland Society of Health–System Pharmacists. 28
	90	+	(a) (1) The Board consists of [twelve] 13 members. 25
142	91
143		-	(iv) The Governor shall appoint the long –term care facility 29
144		-	pharmacist member, with the advice of the Secretary, from a list of names submitted to 30 4 SENATE BILL 647
	92	+	(2) Of the [twelve] 13 Board members: 26
	93	+
	94	+	(i) Ten shall be licensed pharmacists, including: 27
	95	+	SENATE BILL 647 3
145	96
146	97
147		-	~~the Secretary and~~ the ~~Governor by the Maryland Chapter~~ of ~~the American Society of~~ 1
148		-	~~Consultant Pharmacists.~~ 2
	98	+	1. Two who at the time of appointment practice primarily in 1
	99	+	chain store pharmacies; 2
149	100
150		-	(v) The Governor shall appoint the home infusion/home care 3
151		-	pharmacist member, with the advice of the Secretary, from a list of names submitted to 4
152		-	the Secretary and the Governor by the Maryland Society of Health–System Pharmacists. 5
	101	+	2. Two who at the time of appointment practice primarily in 3
	102	+	independent pharmacies; 4
153	103
154		-	(vi) The Governor shall appoint the at–large pharmacist members, 6
155		-	with the advice of the Secretary, from a list of all names submitted to the Maryland 7
156		-	Pharmacists Association, and then forwarded to the Secretary and the Governor. 8
	104	+	3. Two who at the time of appointment practice primarily in 5
	105	+	an acute–care hospital; 6
157	106
158		-	(VII) THE GOVERNOR SHALL APPOIN T THE REGISTERED 9
159		-	PHARMACY TECHNICIAN MEMBER, WITH THE ADVICE OF T HE SECRETARY, FROM A 10
160		-	LIST OF ALL NAMES SU BMITTED TO THE SECRETARY AND THE GOVERNOR BY THE 11
161		-	MARYLAND SOCIETY OF HEALTH–SYSTEM PHARMACISTS AND THE MARYLAND 12
162		-	PHARMACISTS ASSOCIATION. 13
	107	+	4. One who at the time of appointment practices primarily 7
	108	+	in a pharmacy that provides services to a long–term care facility; 8
163	109
164		-	[(vii)] (VIII) Except for the at–large vacancies, the number of names 14
165		-	on each list submitted to the Secretary and the Governor under this paragraph shall be 15
166		-	three times the number of vacancies. 16
	110	+	5. One who at the time of appointment practices primarily 9
	111	+	in a pharmacy that specializes in the provision of home infusion/home care services; and 10
167	112
168		-	(4) For each pharmacist vacancy AND EACH REGISTERED PHARMACY 17
169		-	TECHNICIAN VACANCY : 18
	113	+	6. Two pharmacists at–large; [and] 11
170	114
171		-	(i) The Board shall notify all licensed pharmacists, REGISTERED 19
172		-	PHARMACY TECHNICIANS , and other interested parties of record in the State of the 20
173		-	vacancy to solicit nominations to fill the vacancy and provide information for contacting a 21
174		-	representative of the group that submits the list of names to the Governor under 22
175		-	paragraph (3) of this subsection; and 23
	115	+	(II) ONE SHALL BE A REGIST ERED PHARMACY TECHNI CIAN; 12
	116	+	AND 13
176	117
177		-	(ii) Except for the at–large vacancies, each association that is 24
178		-	responsible for submitting a list of nominees to the Secretary and the Governor under this 25
179		-	section shall: 26
	118	+	[(ii)] (III) Two shall be consumer members. 14
180	119
181		-	1. Issue a nomination form upon the request of any licensed 27
182		-	pharmacist and consider all nominations received by the association’s deadline; 28
	120	+	(3) (i) The Governor shall appoint the chain store pharmacist 15
	121	+	members, with the advice of the Secretary, from a list of names submitted to the 16
	122	+	Secretary and the Governor by the Maryland Association of Chain Drug Stores. 17
183	123
184		-	2. Form a committee, which recognizes diversity within the 29
185		-	State in geographic distribution, sex, race, and age, comprised of at least five pharmacists 30
186		-	to review nominations, interview all qualified nominees in a meeting open to the public, 31
187		-	and select three names for each vacancy to be submitted to the Secretary and the 32
188		-	Governor; and 33
	124	+	(ii) The Governor shall appoint the independent pharmacist 18
	125	+	members, with the advice of the Secretary, from a list of names submitted to the 19
	126	+	Secretary and the Governor by the Maryland Pharmacists Association and the Maryland 20
	127	+	Pharmaceutical Society. 21
189	128
190		-	3. In the event that fewer than three qualified nominees are 34
191		-	submitted to the association, select any additional names that are needed to complete the 35
192		-	list required to be submitted to the Secretary and the Governor under this section. 36 SENATE BILL 647 5
	129	+	(iii) The Governor shall appoint the acute–care hospital pharmacist 22
	130	+	members, with the advice of the Secretary, from a list of names submitted to the 23
	131	+	Secretary and the Governor by the Maryland Society of Health–System Pharmacists. 24
	132	+
	133	+	(iv) The Governor shall appoint the long –term care facility 25
	134	+	pharmacist member, with the advice of the Secretary, from a list of names submitted to 26
	135	+	the Secretary and the Governor by the Maryland Chapter of the American Society of 27
	136	+	Consultant Pharmacists. 28
	137	+
	138	+	(v) The Governor shall appoint the home infusion/home care 29
	139	+	pharmacist member, with the advice of the Secretary, from a list of names submitted to 30
	140	+	the Secretary and the Governor by the Maryland Society of Health–System Pharmacists. 31
	141	+
	142	+	(vi) The Governor shall appoint the at–large pharmacist members, 32
	143	+	with the advice of the Secretary, from a list of all names submitted to the Maryland 33
	144	+	Pharmacists Association, and then forwarded to the Secretary and the Governor. 34 4 SENATE BILL 647
193	145
194	146
195	147
196		-	(5) The Governor shall appoint the consumer members with the advice of 1
197		-	the Secretary and the advice and consent of the Senate. 2
	148	+	(VII) THE GOVERNOR SHALL APPOIN T THE REGISTERED 1
	149	+	PHARMACY TECHNICIAN MEMBER, WITH THE ADVICE OF T HE SECRETARY, FROM A 2
	150	+	LIST OF ALL NAMES SU BMITTED TO THE SECRETARY AND THE GOVERNOR BY THE 3
	151	+	MARYLAND SOCIETY OF HEALTH–SYSTEM PHARMACISTS AND THE MARYLAND 4
	152	+	PHARMACISTS ASSOCIATION. 5
198	153
199		-	(6) Each member of the Board shall be a resident of this State. 3
	154	+	[(vii)] (VIII) Except for the at–large vacancies, the number of names 6
	155	+	on each list submitted to the Secretary and the Governor under this paragraph shall be 7
	156	+	three times the number of vacancies. 8
200	157
201		-	(7) ~~A member of the Board shall be recused from all aspects of the 4~~
202		-	~~licensing exam if that Board member~~: 5
	158	+	(4) For each pharmacist vacancy AND EACH REGISTERED PHARMACY 9
	159	+	TECHNICIAN VACANCY : 10
203	160
204		-	(i) Is a member of the board of trustees at a school of pharmacy; 6
	161	+	(i) The Board shall notify all licensed pharmacists, REGISTERED 11
	162	+	PHARMACY TECHNICIANS , and other interested parties of record in the State of the 12
	163	+	vacancy to solicit nominations to fill the vacancy and provide information for contacting a 13
	164	+	representative of the group that submits the list of names to the Governor under 14
	165	+	paragraph (3) of this subsection; and 15
205	166
206		-	(ii) Is a teacher at a school of pharmacy; or 7
	167	+	(ii) Except for the at–large vacancies, each association that is 16
	168	+	responsible for submitting a list of nominees to the Secretary and the Governor under this 17
	169	+	section shall: 18
207	170
208		-	~~(iii) Acquires~~ the ~~member’s primary source~~ of ~~income through 8~~
209		-	~~employment~~ by ~~a school of pharmacy.~~ 9
	171	+	1. Issue a nomination form upon the request of any licensed 19
	172	+	pharmacist and consider all nominations received by the association’s deadline; 20
210	173
211		-	(b) Each pharmacist member AND EACH REGISTERED PHARMACY 10
212		-	TECHNICIAN MEMBER of the Board shall: 11
	174	+	2. Form a committee, which recognizes diversity within the 21
	175	+	State in geographic distribution, sex, race, and age, comprised of at least five pharmacists 22
	176	+	to review nominations, interview all qualified nominees in a meeting open to the public, 23
	177	+	and select three names for each vacancy to be submitted to the Secretary and the 24
	178	+	Governor; and 25
213	179
214		-	(1) Be skilled and competent in practicing pharmacy; and 12
	180	+	3. In the event that fewer than three qualified nominees are 26
	181	+	submitted to the association, select any additional names that are needed to complete the 27
	182	+	list required to be submitted to the Secretary and the Governor under this section. 28
215	183
216		-	(2) Have at least 5 years of active pharmacy practice. 13
	184	+	(5) The Governor shall appoint the consumer members with the advice of 29
	185	+	the Secretary and the advice and consent of the Senate. 30
217	186
218		-	~~12–307~~. 14
	187	+	(6) Each member of the Board shall be a resident of this State. 31
219	188
220		-	(d) A licensed pharmacist may delegate pharmacy acts to a registered pharmacy 15
221		-	technician, pharmacy student, or pharmacy technician trainee provided that ONLY IF the 16
222		-	delegated pharmacy acts: 17
	189	+	(7) A member of the Board shall be recused from all aspects of the 32
	190	+	licensing exam if that Board member: 33
223	191
224		-	(1) Are directly supervised by a licensed pharmacist; 18
225		-
226		-	(2) Are not required to be performed by a licensed pharmacist; 19
227		-
228		-	(3) Are within the education, training, experience, and area of practice of 20
229		-	the delegating licensed pharmacist; and 21
230		-
231		-	(4) Are appropriate to the education, training, and experience of the 22
232		-	registered pharmacy technician, pharmacy student, or pharmacy technician trainee. 23
233		-
234		-	(E) A LICENSED PHARMACIST MAY DELEGATE PHARMACY ACTS , 24
235		-	INCLUDING THE ENTERING ENTRY OF PRESCRIPTION–RELATED DATA INTO 25
236		-	DATABASES OR PATIENT CHARTS, TO BE PERFORMED AT A REMOTE LOCATION TO A 26
237		-	REGISTERED PHARMACY TECHNICIAN OR A REGI STERED PHARMACY INTE RN 27
238		-	PROVIDED THAT THE DE LEGATED PHARMACY ACT S IF: 28
239		-
240		-	(1) ARE SUPERVISED BY A L ICENSED PHARMACIST ; 29 6 SENATE BILL 647
	192	+	(i) Is a member of the board of trustees at a school of pharmacy; 34 SENATE BILL 647 5
241	193
242	194
243	195
244		-	(1) THE REGISTERED PHARMA CY TECHNICIAN OR REG ISTERED 1
245		-	PHARMACY INTERN HAS IMMEDIATE ELECTRONIC ACCESS TO A PHARMACI ST WHO 2
246		-	CAN PROVIDE ASSISTAN CE AS NEEDED; AND 3
	196	+	(ii) Is a teacher at a school of pharmacy; or 1
247	197
248		-	(2) THE DATA ENTRY : 4
	198	+	(iii) Acquires the member’s primary source of income through 2
	199	+	employment by a school of pharmacy. 3
249	200
250		-	(2) ~~(I) ARE IS NOT REQUIRED TO BE P ERFORMED BY A LICENS ED 5~~
251		-	~~PHARMACIST ; 6~~
	201	+	(b) Each pharmacist member AND EACH REGISTERED PHARMACY 4
	202	+	TECHNICIAN MEMBER of the Board shall: 5
252	203
253		-	(3) DO NOT INVOLVE THE CO MPOUNDING , DISTRIBUTION, OR 7
254		-	DISPENSING OF PRESCR IPTION OR NONPRESCRI PTION DRUGS; 8
	204	+	(1) Be skilled and competent in practicing pharmacy; and 6
255	205
256		-	(4) (II) ARE IS WITHIN THE EDUCATION , TRAINING, EXPERIENCE, 9
257		-	AND AREA OF PRACTICE OF THE DELEGATING LI CENSED PHARMACIST ; 10
	206	+	(2) Have at least 5 years of active pharmacy practice. 7
258	207
259		-	(5) (III) ARE IS APPROPRIATE TO THE E DUCATION, TRAINING, AND 11
260		-	EXPERIENCE OF THE RE GISTERED PHARMACY TE CHNICIAN OR THE REGI STERED 12
261		-	PHARMACY INTERN ; AND 13
	208	+	12–307. 8
262	209
263		-	(6) (IV) IF THE DELEGATED ACT DATA ENTRY INVOLVES ACCESS TO 14
264		-	PROTECTED PATIENT IN FORMATION UNDER THE FEDERAL HEALTH INSURANCE 15
265		-	PORTABILITY AND ACCOUNTABILITY ACT OF 1996, CAN BE PERFORMED IN A 16
266		-	MANNER THAT MAINTAIN S THE CONFIDENTIALIT Y OF PATIENT INFORMA TION. 17
	210	+	(d) A licensed pharmacist may delegate pharmacy acts to a registered pharmacy 9
	211	+	technician, pharmacy student, or pharmacy technician trainee provided that the 10
	212	+	delegated pharmacy acts: 11
267	213
268		-	12~~–6B–06. 18~~
	214	+	(1) Are directly supervised by a licensed pharmacist; 12
269	215
270		-	(a) Registration authorizes a registered [pharmacist] PHARMACY technician to 19
271		-	perform delegated pharmacy acts as defined in § 12–101 of this title while the registration 20
272		-	is effective. 21
	216	+	(2) Are not required to be performed by a licensed pharmacist; 13
273	217
274		-	(b) A registered pharmacy technician or a pharmacy technician trainee may not: 22
	218	+	(3) Are within the education, training, experience, and area of practice of 14
	219	+	the delegating licensed pharmacist; and 15
275	220
276		-	(1) ~~Act within~~ the ~~parameters~~ of ~~a therapy manageme nt contract as 23~~
277		-	~~provided under Subtitle 6A of this title;~~ 24
	221	+	(4) Are appropriate to the education, training, and experience of the 16
	222	+	registered pharmacy technician, pharmacy student, or pharmacy technician trainee. 17
278	223
279		-	(2) [Administer an influenza vaccination in accordance with § 12–508 of 25
280		-	this title] MAKE DECISIONS THAT R EQUIRE THE PROFESSIO NAL JUDGMENT OF A 26
281		-	PHARMACIST ; 27
	224	+	(E) A LICENSED PHARMACIST MAY DELEGATE PHARMAC Y ACTS, 18
	225	+	INCLUDING ENTERING P RESCRIPTION–RELATED DATA INTO DATABASES OR 19
	226	+	PATIENT CHARTS , TO BE PERFORMED AT A REMOTE LOCATION TO A REGISTERED 20
	227	+	PHARMACY TECHNICIAN OR A REGISTERED PHAR MACY INTERN PROVIDED THAT 21
	228	+	THE DELEGATED PHARMA CY ACTS: 22
282	229
283		-	(3) Delegate a pharmacy act that was d elegated to the registered 28
284		-	pharmacy technician or individual engaging in a Board approved technician training 29
285		-	program; or 30
286		-	SENATE BILL 647 7
	230	+	(1) ARE SUPERVISED BY A L ICENSED PHARMACIST ; 23
287	231
	232	+	(2) ARE NOT REQUIRED TO B E PERFORMED BY A LIC ENSED 24
	233	+	PHARMACIST ; 25
288	234
289		-	(4) ~~Perform other functions prohibited by regulations adopted by~~ the 1
290		-	~~Board. 2~~
	235	+	(3) DO NOT INVOLVE THE COMPOUNDING , DISTRIBUTION, OR 26
	236	+	DISPENSING OF PRESCRIPTION OR N ONPRESCRIPTION DRUGS ; 27
291	237
292		-	(C) (1) A REGISTERED PHARMACY TECHNICIAN MAY ADMIN ISTER, IN 3
293		-	ACCORDANCE WITH § 12–508 OF THIS TITLE: 4
294		-
295		-	(I) AN INFLUENZA, COVID–19, OR PNEUMONIA VACCINA TION 5
296		-	TO AN INDIVIDUAL AT LEAST 18 YEARS OLD; AND 6
297		-
298		-	(II) A RESPIRATORY SYNCYTIA L VIRUS OR SHINGLES 7
299		-	VACCINATION TO AN IN DIVIDUAL AT LEAST 50 YEARS OLD. 8
300		-
301		-	(2) EXCEPT AS PROVIDED IN PARAGRAPH (1) OF THIS SUBSECTION , 9
302		-	A REGISTERED PHARMAC Y TECHNICIAN MAY NOT ADMINISTER A VACCINA TION IN 10
303		-	ACCORDANCE WITH § 12–508 OF THIS TITLE. 11
304		-
305		-	(D) A PHARMACY TECHNICIAN TRAINEE MAY NOT ADMI NISTER A 12
306		-	VACCINATION IN ACCOR DANCE WITH § 12–508 OF THIS TITLE. 13
307		-
308		-	12–802. 14
309		-
310		-	Subject to the evaluation and reestablishment provisions of the Program 15
311		-	Evaluation Act, this title and all rules and regulations adopted under this title shall 16
312		-	terminate and be of no effect after July 1, [2023] 2033 2025. 17
313		-
314		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
315		-	October 1, 2023. 19
316		-
317		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 20
318		-	measure, is necessary for the immediate preservation of the public health or safety, has 21
319		-	been passed by a yea and nay vote supported by three–fifths of all the members elected to 22
320		-	each of the two Houses of the General Assembly, and shall take effect from the date it is 23
321		-	enacted. 24
	238	+	(4) ARE WITHIN THE EDUCAT ION, TRAINING, EXPERIENCE, AND 28
	239	+	AREA OF PRACTICE OF THE DELEGATING LICEN SED PHARMACIST ; 29 6 SENATE BILL 647
322	240
323	241
324	242
	243	+	(5) ARE APPROPRIATE TO TH E EDUCATION, TRAINING, AND 1
	244	+	EXPERIENCE OF THE RE GISTERED PHARMACY TECHNICIAN OR THE REGISTERED 2
	245	+	PHARMACY INTERN ; AND 3
325	246
326		-	Approved:
327		-	________________________________________________________________________________
328		-	Governor.
329		-	________________________________________________________________________________
330		-	President of the Senate.
331		-	________________________________________________________________________________
332		-	Speaker of the House of Delegates.
	247	+	(6) IF THE DELEGATE D ACT INVOLVES ACCESS TO PROTECTED 4
	248	+	PATIENT INFORMATION UNDER THE FEDERAL HEALTH INSURANCE PORTABILITY 5
	249	+	AND ACCOUNTABILITY ACT OF 1996, CAN BE PERFORMED IN A MANNER THAT 6
	250	+	MAINTAINS THE CONFIDENTIALITY OF PATIENT INFORMATI ON. 7
	251	+
	252	+	12–6B–06. 8
	253	+
	254	+	(a) Registration authorizes a registered [pharmacist] PHARMACY technician to 9
	255	+	perform delegated pharmacy acts as defined in § 12–101 of this title while the registration 10
	256	+	is effective. 11
	257	+
	258	+	(b) A registered pharmacy technician or a pharmacy technician trainee may not: 12
	259	+
	260	+	(1) Act within the parameters of a therapy management contract as 13
	261	+	provided under Subtitle 6A of this title; 14
	262	+
	263	+	(2) [Administer an influenza vaccination in accordance with § 12–508 of 15
	264	+	this title] MAKE DECISIONS THAT R EQUIRE THE PROFESSIO NAL JUDGMENT OF A 16
	265	+	PHARMACIST ; 17
	266	+
	267	+	(3) Delegate a pharmacy act that was delegated to the regist ered 18
	268	+	pharmacy technician or individual engaging in a Board approved technician training 19
	269	+	program; or 20
	270	+
	271	+	(4) Perform other functions prohibited by regulations adopted by the 21
	272	+	Board. 22
	273	+
	274	+	(C) A PHARMACY TECHNICIAN TRAINEE MAY NOT ADMI NISTER A 23
	275	+	VACCINATION IN ACCOR DANCE WITH § 12–508 OF THIS TITLE. 24
	276	+
	277	+	12–802. 25
	278	+
	279	+	Subject to the evaluation and reestablishment provisions of the Program 26
	280	+	Evaluation Act, this title and all rules and regulations adopted under this title shall 27
	281	+	terminate and be of no effect after July 1, [2023] 2033. 28
	282	+
	283	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 29
	284	+	October 1, 2023. 30