EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1171*
HOUSE BILL 1171
E1, J2 4lr0657
CF SB 944
By: Delegates Williams, Embry, Fair, Love, Martinez, Palakovich Carr, Roberts,
Ruff, Ruth, Simpson, Terrasa, Turner, White Holland, Woods, and Young
Introduced and read first time: February 7, 2024
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Nonprescription Drugs and Devices – Provision by Registered Nurses and Sale 2
of Contraceptives Through Automatic Devices 3
FOR the purpose of repealing the prohibition on the sale of certain contraceptives by means 4
of a vending machine or other automatic device; authorizing registered nurses to 5
provide, without a prescription, nonprescription drugs and devices in a local health 6
department under certain circumstances; and generally relating to nonprescription 7
drugs and devices. 8
BY repealing 9
Article – Criminal Law 10
Section 10–104 and 10–105 11
Annotated Code of Maryland 12
(2021 Replacement Volume and 2023 Supplement) 13
BY repealing and reenacting, without amendments, 14
Article – Health – General 15
Section 3–403(a)(1) 16
Annotated Code of Maryland 17
(2023 Replacement Volume) 18
BY repealing and reenacting, with amendments, 19
Article – Health – General 20
Section 3–403(b) 21
Annotated Code of Maryland 22
(2023 Replacement Volume) 23
BY repealing and reenacting, with amendments, 24
Article – Health Occupations 25
Section 8–512 26 2 HOUSE BILL 1171
Annotated Code of Maryland 1
(2021 Replacement Volume and 2023 Supplement) 2
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
That the Laws of Maryland read as follows: 4
Article – Criminal Law 5
[10–104. 6
(a) A person may not sell or offer for sale a nonlatex condom by means of a vending 7
machine or other automatic device. 8
(b) (1) A person who violates this section is guilty of a misdemeanor and on 9
conviction is subject to a fine not exceeding $1,000 for each violation. 10
(2) Each vending machine or other automatic device in violation of this 11
section is a separate violation.] 12
[10–105. 13
(a) A person may not sell or offer for sale a contraceptive or a contraceptive device, 14
whether or not advertised as a prophylactic, by means of a vending machine or other 15
automatic device at a kindergarten, nursery school, or elementary or secondary school. 16
(b) (1) A person who violates this section is guilty of a misdemeanor and on 17
conviction is subject to a fine not exceeding $1,000 for each violation. 18
(2) Each vending machine or other automatic device in a school is a 19
separate violation.] 20
Article – Health – General 21
3–403. 22
(a) (1) There is a Committee on Registered Nurses Personally Preparing and 23
Dispensing Drugs and Devices in Local Health Departments. 24
(b) The Committee shall: 25
(1) Develop and approve a formulary for use by registered nurses THAT 26
INCLUDES ALL NONPRES CRIPTION CONTRACEPTI VE DRUGS AND DEVICES 27
APPROVED BY THE U.S. FOOD AND DRUG ADMINISTRATION FOR 28
OVER–THE–COUNTER USE ; and 29
HOUSE BILL 1171 3
(2) Annually review the formulary to ensure compliance with current 1
prescribing standards. 2
Article – Health Occupations 3
8–512. 4
(a) (1) In this section the following words have the meanings indicated. 5
(2) “Authorized prescriber” means a licensed registered nurse, licensed 6
dentist, licensed physician, licensed physician’s assistant, licensed podiatrist, or other 7
individual authorized by law to prescribe prescription or nonprescription drugs or devices. 8
(3) (i) “Device” means an item used in the diagnosis, treatment, or 9
prevention of disease. 10
(ii) “Device” does not include: 11
1. Surgical or dental instruments; 12
2. Physical therapy equipment; 13
3. X–ray apparatuses; or 14
4. Component parts of or accessories for any of the items 15
described in items 1 through 3 of this subparagraph. 16
(4) (i) “Dispense” means a procedure that results in the receipt of a 17
drug or device by a patient or a patient’s agent. 18
(ii) “Dispense” includes: 19
1. Interpreting an authorized prescriber’s prescription for a 20
drug or device; 21
2. Selecting and labeling the drug or device prescribed; 22
3. Measuring and packaging the drug or device in accordance 23
with State and federal law; and 24
4. Documenting the transaction in the patient’s medical 25
record. 26
(5) “Drug” means, unless the context requires otherwise, a prescription or 27
nonprescription drug. 28
(6) “Formulary” means a list of drugs and devices. 29 4 HOUSE BILL 1171
(7) “Nonprescription drug OR DEVICE” means a drug OR DEVICE that: 1
(i) May be sold without a prescription; and 2
(ii) Is labeled for use by a consumer in accordance with State and 3
federal law. 4
(8) “Personally prepare and dispense” means to: 5
(i) Physically prepare a prescription; 6
(ii) Perform a final check of the prescription before dispensing it to a 7
patient; and 8
(iii) Not delegate any step of the dispensing process. 9
(9) “Prescription drug” means a drug that, under § 21–220 of the Health – 10
General Article, may be dispensed only on the prescription of an authorized prescriber. 11
(b) If a registered nurse complies with the requirements of this section, the 12
registered nurse may personally prepare and dispense drugs and devices OR PROVIDE, 13
WITHOUT A PRESCRIPTI ON, NONPRESCRIPTION DRUG S AND DEVICES in a local health 14
department: 15
(1) In accordance with the Overdose Response Program under Title 13, 16
Subtitle 31 of the Health – General Article or the Expedited Partner Therapy Pilot Program 17
under § 18–214.1 of the Health – General Article; or 18
(2) To patients in need of communicable disease, alcohol and drug abuse, 19
family planning, or reproductive health services. 20
(c) A registered nurse may personally prepare and dispense drugs and devices 21
OR PROVIDE, WITHOUT A PRESCRIPTI ON, NONPRESCRIPTION DRUG S AND DEVICES 22
if the registered nurse: 23
(1) Complies with the formulary developed and approved under § 3–403(b) 24
of the Health – General Article; 25
(2) Has successfully completed a training program administered by the 26
Department in accordance with § 3–405 of the Health – General Article; 27
(3) Maintains the patient’s health record in a manner that ensures the 28
confidentiality of the patient’s drug and device medication record in accordance with State 29
and federal laws; 30
(4) Complies with drug and device storage and inventory procedures in 31 HOUSE BILL 1171 5
accordance with Department policy; and 1
(5) [Has] FOR A PRESCRIPTION DR UG OR DEVICE , HAS received a 2
prescription from an authorized prescriber employed at a local health department. 3
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
October 1, 2024. 5