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.
*sb0647*
SENATE BILL 647
J2 EMERGENCY BILL 3lr1402
CF HB 693
By: Senators Carozza, Lam, Mautz, and Lewis Young
Introduced and read first time: February 6, 2023
Assigned to: Finance
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 22, 2023
CHAPTER ______
AN ACT concerning 1
State Board of Pharmacy – Board Membership and, Delegated Pharmacy Acts, 2
and Sunset Extension 3
FOR the purpose of altering the membership of the State Board of Pharmacy to include a 4
registered pharmacy technician; authorizing a licensed pharmacist, under certain 5
circumstances, to delegate pharmacy acts the entry of certain data into databases 6
or patient charts to be performed at a remote location to a registered pharmacy 7
technician and a registered pharmacy intern; repealing the prohibition on a 8
registered pharmacy technician administering influenza vaccines; prohibiting 9
registered pharmacy technicians and pharmacy technician trainees from making 10
decisions that require the professional judgment of a pharmacist; prohibiting a 11
registered pharmacy technician from administering a vaccination except under 12
certain circumstances; continuing the Board in accordance with the provisions of 13
the Maryland Program Evaluation Act (sunset law) by extending to a certain date 14
the termination provisions relating to certain statutory and regulatory authority of 15
the Board; and generally relating to the State Board of Pharmacy. 16
BY repealing and reenacting, without amendments, 17
Article – Health Occupations 18
Section 12–101(a) and 12–307(d) 19
Annotated Code of Maryland 20
(2021 Replacement Volume and 2022 Supplement) 21
BY repealing and reenacting, with amendments, 22
Article – Health Occupations 23 2 SENATE BILL 647
Section 12–101(g), 12–202(a) and (b), 12–6B–06, and 12–802 1
Annotated Code of Maryland 2
(2021 Replacement Volume and 2022 Supplement) 3
BY adding to 4
Article – Health Occupations 5
Section 12–307(e) 6
Annotated Code of Maryland 7
(2021 Replacement Volume and 2022 Supplement) 8
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9
That the Laws of Maryland read as follows: 10
Article – Health Occupations 11
12–101. 12
(a) In this title the following words have the meanings indicated. 13
(g) (1) “Delegated pharmacy act” means an activity that constitutes the 14
practice of pharmacy delegated by a licensed pharmacist under this title and regulations 15
adopted by the Board. 16
(2) “Delegated pharmacy act” does not include: 17
(i) An act within the parameters of a therapy management 18
contract as provided under Subtitle 6A of this title; 19
[(ii) The EXCEPT AS PROVIDED IN § 12–6B–06 OF THIS TITLE, 20
THE administration of an influenza A vaccination in accordance with § 12–508 of this 21
title;] 22
[(iii)] (II) The delegation of a pharmacy act by a registered 23
pharmacy technician, pharmacy student, or pharmacy technician trainee; 24
[(iv)] (III) A pharmacy activity performed by a pharmacy student in 25
accordance with § 12–301(b) of this title; 26
[(v)] (IV) A pharmacy activity performed by an applicant for a 27
license to practice pharmacy in accordance with regulations adopted by the Board; [or] 28
(V) (VI) A DECISION–MAKING TASK THAT REQ UIRES THE 29
PROFESSIONAL JUDGMEN T OF A PHARMACIST ; AND 30
(vi) (VII) The performance of other functions prohibited in 31
regulations adopted by the Board. 32 SENATE BILL 647 3
12–202. 1
(a) (1) The Board consists of [twelve] 13 members. 2
(2) Of the [twelve] 13 Board members: 3
(i) Ten shall be licensed pharmacists, including: 4
1. Two who at the time of appointment practice primarily in 5
chain store pharmacies; 6
2. Two who at the time of appointment practice primarily in 7
independent pharmacies; 8
3. Two who at the time of appointment practice primarily in 9
an acute–care hospital; 10
4. One who at the time of appointment practices primarily 11
in a pharmacy that provides services to a long–term care facility; 12
5. One who at the time of appointment practices primarily 13
in a pharmacy that specializes in the provision of home infusion/home care services; and 14
6. Two pharmacists at–large; [and] 15
(II) ONE SHALL BE A REGIST ERED PHARMACY TECHNI CIAN; 16
AND 17
[(ii)] (III) Two shall be consumer members. 18
(3) (i) The Governor shall appoint the chain store pharmacist 19
members, with the advice of the Secretary, from a list of names submitted to the 20
Secretary and the Governor by the Maryland Association of Chain Drug Stores. 21
(ii) The Governor shall appoint the independent pharmacist 22
members, with the advice of the Secretary, from a list of names submitted to the 23
Secretary and the Governor by the Maryland Pharmacists Association and the Maryland 24
Pharmaceutical Society. 25
(iii) The Governor shall appoint the acute–care hospital pharmacist 26
members, with the advice of the Secretary, from a list of names submitted to the 27
Secretary and the Governor by the Maryland Society of Health–System Pharmacists. 28
(iv) The Governor shall appoint the long –term care facility 29
pharmacist member, with the advice of the Secretary, from a list of names submitted to 30 4 SENATE BILL 647
the Secretary and the Governor by the Maryland Chapter of the American Society of 1
Consultant Pharmacists. 2
(v) The Governor shall appoint the home infusion/home care 3
pharmacist member, with the advice of the Secretary, from a list of names submitted to 4
the Secretary and the Governor by the Maryland Society of Health–System Pharmacists. 5
(vi) The Governor shall appoint the at–large pharmacist members, 6
with the advice of the Secretary, from a list of all names submitted to the Maryland 7
Pharmacists Association, and then forwarded to the Secretary and the Governor. 8
(VII) THE GOVERNOR SHALL APPOIN T THE REGISTERED 9
PHARMACY TECHNICIAN MEMBER, WITH THE ADVICE OF T HE SECRETARY, FROM A 10
LIST OF ALL NAMES SU BMITTED TO THE SECRETARY AND THE GOVERNOR BY THE 11
MARYLAND SOCIETY OF HEALTH–SYSTEM PHARMACISTS AND THE MARYLAND 12
PHARMACISTS ASSOCIATION. 13
[(vii)] (VIII) Except for the at–large vacancies, the number of names 14
on each list submitted to the Secretary and the Governor under this paragraph shall be 15
three times the number of vacancies. 16
(4) For each pharmacist vacancy AND EACH REGISTERED PHARMACY 17
TECHNICIAN VACANCY : 18
(i) The Board shall notify all licensed pharmacists, REGISTERED 19
PHARMACY TECHNICIANS , and other interested parties of record in the State of the 20
vacancy to solicit nominations to fill the vacancy and provide information for contacting a 21
representative of the group that submits the list of names to the Governor under 22
paragraph (3) of this subsection; and 23
(ii) Except for the at–large vacancies, each association that is 24
responsible for submitting a list of nominees to the Secretary and the Governor under this 25
section shall: 26
1. Issue a nomination form upon the request of any licensed 27
pharmacist and consider all nominations received by the association’s deadline; 28
2. Form a committee, which recognizes diversity within the 29
State in geographic distribution, sex, race, and age, comprised of at least five pharmacists 30
to review nominations, interview all qualified nominees in a meeting open to the public, 31
and select three names for each vacancy to be submitted to the Secretary and the 32
Governor; and 33
3. In the event that fewer than three qualified nominees are 34
submitted to the association, select any additional names that are needed to complete the 35
list required to be submitted to the Secretary and the Governor under this section. 36 SENATE BILL 647 5
(5) The Governor shall appoint the consumer members with the advice of 1
the Secretary and the advice and consent of the Senate. 2
(6) Each member of the Board shall be a resident of this State. 3
(7) A member of the Board shall be recused from all aspects of the 4
licensing exam if that Board member: 5
(i) Is a member of the board of trustees at a school of pharmacy; 6
(ii) Is a teacher at a school of pharmacy; or 7
(iii) Acquires the member’s primary source of income through 8
employment by a school of pharmacy. 9
(b) Each pharmacist member AND EACH REGISTERED PHARMACY 10
TECHNICIAN MEMBER of the Board shall: 11
(1) Be skilled and competent in practicing pharmacy; and 12
(2) Have at least 5 years of active pharmacy practice. 13
12–307. 14
(d) A licensed pharmacist may delegate pharmacy acts to a registered pharmacy 15
technician, pharmacy student, or pharmacy technician trainee provided that ONLY IF the 16
delegated pharmacy acts: 17
(1) Are directly supervised by a licensed pharmacist; 18
(2) Are not required to be performed by a licensed pharmacist; 19
(3) Are within the education, training, experience, and area of practice of 20
the delegating licensed pharmacist; and 21
(4) Are appropriate to the education, training, and experience of the 22
registered pharmacy technician, pharmacy student, or pharmacy technician trainee. 23
(E) A LICENSED PHARMACIST MAY DELEGATE PHARMACY ACTS , 24
INCLUDING THE ENTERING ENTRY OF PRESCRIPTION–RELATED DATA INTO 25
DATABASES OR PATIENT CHARTS, TO BE PERFORMED AT A REMOTE LOCATION TO A 26
REGISTERED PHARMACY TECHNICIAN OR A REGI STERED PHARMACY INTE RN 27
PROVIDED THAT THE DE LEGATED PHARMACY ACT S IF: 28
(1) ARE SUPERVISED BY A L ICENSED PHARMACIST ; 29 6 SENATE BILL 647
(1) THE REGISTERED PHARMA CY TECHNICIAN OR REG ISTERED 1
PHARMACY INTERN HAS IMMEDIATE ELECTRONIC ACCESS TO A PHARMACI ST WHO 2
CAN PROVIDE ASSISTAN CE AS NEEDED; AND 3
(2) THE DATA ENTRY : 4
(2) (I) ARE IS NOT REQUIRED TO BE P ERFORMED BY A LICENS ED 5
PHARMACIST ; 6
(3) DO NOT INVOLVE THE CO MPOUNDING , DISTRIBUTION, OR 7
DISPENSING OF PRESCR IPTION OR NONPRESCRI PTION DRUGS; 8
(4) (II) ARE IS WITHIN THE EDUCATION , TRAINING, EXPERIENCE, 9
AND AREA OF PRACTICE OF THE DELEGATING LI CENSED PHARMACIST ; 10
(5) (III) ARE IS APPROPRIATE TO THE E DUCATION, TRAINING, AND 11
EXPERIENCE OF THE RE GISTERED PHARMACY TE CHNICIAN OR THE REGI STERED 12
PHARMACY INTERN ; AND 13
(6) (IV) IF THE DELEGATED ACT DATA ENTRY INVOLVES ACCESS TO 14
PROTECTED PATIENT IN FORMATION UNDER THE FEDERAL HEALTH INSURANCE 15
PORTABILITY AND ACCOUNTABILITY ACT OF 1996, CAN BE PERFORMED IN A 16
MANNER THAT MAINTAIN S THE CONFIDENTIALIT Y OF PATIENT INFORMA TION. 17
12–6B–06. 18
(a) Registration authorizes a registered [pharmacist] PHARMACY technician to 19
perform delegated pharmacy acts as defined in § 12–101 of this title while the registration 20
is effective. 21
(b) A registered pharmacy technician or a pharmacy technician trainee may not: 22
(1) Act within the parameters of a therapy manageme nt contract as 23
provided under Subtitle 6A of this title; 24
(2) [Administer an influenza vaccination in accordance with § 12–508 of 25
this title] MAKE DECISIONS THAT R EQUIRE THE PROFESSIO NAL JUDGMENT OF A 26
PHARMACIST ; 27
(3) Delegate a pharmacy act that was d elegated to the registered 28
pharmacy technician or individual engaging in a Board approved technician training 29
program; or 30
SENATE BILL 647 7
(4) Perform other functions prohibited by regulations adopted by the 1
Board. 2
(C) (1) A REGISTERED PHARMACY TECHNICIAN MAY ADMIN ISTER, IN 3
ACCORDANCE WITH § 12–508 OF THIS TITLE: 4
(I) AN INFLUENZA, COVID–19, OR PNEUMONIA VACCINA TION 5
TO AN INDIVIDUAL AT LEAST 18 YEARS OLD; AND 6
(II) A RESPIRATORY SYNCYTIA L VIRUS OR SHINGLES 7
VACCINATION TO AN IN DIVIDUAL AT LEAST 50 YEARS OLD. 8
(2) EXCEPT AS PROVIDED IN PARAGRAPH (1) OF THIS SUBSECTION , 9
A REGISTERED PHARMAC Y TECHNICIAN MAY NOT ADMINISTER A VACCINA TION IN 10
ACCORDANCE WITH § 12–508 OF THIS TITLE. 11
(D) A PHARMACY TECHNICIAN TRAINEE MAY NOT ADMI NISTER A 12
VACCINATION IN ACCOR DANCE WITH § 12–508 OF THIS TITLE. 13
12–802. 14
Subject to the evaluation and reestablishment provisions of the Program 15
Evaluation Act, this title and all rules and regulations adopted under this title shall 16
terminate and be of no effect after July 1, [2023] 2033 2025. 17
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
October 1, 2023. 19
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 20
measure, is necessary for the immediate preservation of the public health or safety, has 21
been passed by a yea and nay vote supported by three–fifths of all the members elected to 22
each of the two Houses of the General Assembly, and shall take effect from the date it is 23
enacted. 24
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.