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. *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 Young, Pena–Melnyk, Cullison, Alston, Bagnall, Bhandari, Guzzone, Hill, Hutchinson, S. Johnson, Kaiser, Kerr, R. Lewis, Lopez, Rosenberg, Szeliga, and Taveras Introduced and read first time: February 7, 2024 Assigned to: Health and Government Operations Committee Report: Favorable with amendments House action: Adopted Read second time: March 4, 2024 CHAPTER ______ 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 prohibiting the sale of natural membrane condoms, rather than all 4 nonlatex condoms, through a vending machine or other automatic device; repealing 5 the prohibition on a criminal penalty related to the sale of certain contraceptives by 6 means of a vending machine or other automatic device; authorizing registered nurses 7 to provide, without a prescription, nonprescription drugs and devices in a local 8 health department under certain circumstances; and generally relating to 9 nonprescription drugs and devices. 10 BY repealing 11 Article – Criminal Law 12 Section 10–104 and 10–105 13 Annotated Code of Maryland 14 (2021 Replacement Volume and 2023 Supplement) 15 BY repealing and reenacting, without amendments, 16 Article – Health – General 17 Section 3–403(a)(1) 18 Annotated Code of Maryland 19 2 HOUSE BILL 1171 (2023 Replacement Volume) 1 BY repealing and reenacting, with amendments, 2 Article – Health – General 3 Section 3–403(b) 4 Annotated Code of Maryland 5 (2023 Replacement Volume) 6 BY adding to 7 Article – Health – General 8 Section 21–228 9 Annotated Code of Maryland 10 (2023 Replacement Volume) 11 BY repealing and reenacting, with amendments, 12 Article – Health Occupations 13 Section 8–512 14 Annotated Code of Maryland 15 (2021 Replacement Volume and 2023 Supplement) 16 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17 That the Laws of Maryland read as follows: 18 Article – Criminal Law 19 [10–104. 20 (a) A person may not sell or offer for sale a nonlatex condom by means of a vending 21 machine or other automatic device. 22 (b) (1) A person who violates this section is guilty of a misdemeanor and on 23 conviction is subject to a fine not exceeding $1,000 for each violation. 24 (2) Each vending machine or other automatic device in violation of this 25 section is a separate violation.] 26 [10–105. 27 (a) A person may not sell or offer for sale a contraceptive or a contraceptive device, 28 whether or not advertised as a prophylactic, by means of a vending machine or other 29 automatic device at a kindergarten, nursery school, or elementary or secondary school. 30 (b) (1) A person who violates this section is guilty of a misdemeanor and on 31 conviction is subject to a fine not exceeding $1,000 for each violation. 32 (2) Each vending machine or other automatic device in a school is a 33 separate violation.] 34 HOUSE BILL 1171 3 Article – Health – General 1 3–403. 2 (a) (1) There is a Committee on Registered Nurses Personally Preparing and 3 Dispensing Drugs and Devices in Local Health Departments. 4 (b) The Committee shall: 5 (1) Develop and approve a formulary for use by registered nurses THAT 6 INCLUDES ALL NONPRES CRIPTION CONTRACEPTI VE DRUGS AND DEVICES 7 APPROVED BY THE U.S. FOOD AND DRUG ADMINISTRATION FOR 8 OVER–THE–COUNTER USE ; and 9 (2) Annually review the formulary to ensure compliance with current 10 prescribing standards. 11 21–228. 12 A PERSON MAY NOT SELL OR OFFER FOR SALE A NATURAL MEMBRANE 13 CONDOM BY MEANS OF A VENDING MACHINE OR O THER AUTOMATIC DEVIC E. 14 Article – Health Occupations 15 8–512. 16 (a) (1) In this section the following words have the meanings indicated. 17 (2) “Authorized prescriber” means a licensed registered nurse, licensed 18 dentist, licensed physician, licensed physician’s assistant, licensed podiatrist, or other 19 individual authorized by law to prescribe prescription or nonprescription drugs or devices. 20 (3) (i) “Device” means an item used in the diagnosis, treatment, or 21 prevention of disease. 22 (ii) “Device” does not include: 23 1. Surgical or dental instruments; 24 2. Physical therapy equipment; 25 3. X–ray apparatuses; or 26 4. Component parts of or accessories for any of the items 27 described in items 1 through 3 of this subparagraph. 28 4 HOUSE BILL 1171 (4) (i) “Dispense” means a procedure that results in the receipt of a 1 drug or device by a patient or a patient’s agent. 2 (ii) “Dispense” includes: 3 1. Interpreting an authorized prescriber’s prescription for a 4 drug or device; 5 2. Selecting and labeling the drug or device prescribed; 6 3. Measuring and packaging the drug or device in accordance 7 with State and federal law; and 8 4. Documenting the transaction in the patient’s medical 9 record. 10 (5) “Drug” means, unless the context requires otherwise, a prescription or 11 nonprescription drug. 12 (6) “Formulary” means a list of drugs and devices. 13 (7) “Nonprescription drug OR DEVICE” means a drug OR DEVICE that: 14 (i) May be sold without a prescription; and 15 (ii) Is labeled for use by a consumer in accordance with State and 16 federal law. 17 (8) “Personally prepare and dispense” means to: 18 (i) Physically prepare a prescription; 19 (ii) Perform a final check of the prescription before dispensing it to a 20 patient; and 21 (iii) Not delegate any step of the dispensing process. 22 (9) “Prescription drug” means a drug that, under § 21–220 of the Health – 23 General Article, may be dispensed only on the prescription of an authorized prescriber. 24 (b) If a registered nurse complies with the requirements of this section, the 25 registered nurse may personally prepare and dispense drugs and devices OR PROVIDE, 26 WITHOUT A PRESCRIPTI ON, NONPRESCRIPTION DRUG S AND DEVICES in a local health 27 department: 28 HOUSE BILL 1171 5 (1) In accordance with the Overdose Response Program under Title 13, 1 Subtitle 31 of the Health – General Article or the Expedited Partner Therapy Pilot Program 2 under § 18–214.1 of the Health – General Article; or 3 (2) To patients in need of communicable disease, alcohol and drug abuse, 4 family planning, or reproductive health services. 5 (c) A registered nurse may personally prepare and dispense drugs and devices 6 OR PROVIDE, WITHOUT A PRESCRIPTI ON, NONPRESCRIPTION DRUG S AND DEVICES 7 if the registered nurse: 8 (1) Complies with the formulary developed and approved under § 3–403(b) 9 of the Health – General Article; 10 (2) Has successfully completed a training program administered by the 11 Department in accordance with § 3–405 of the Health – General Article; 12 (3) Maintains the patient’s health record in a manner that ensures the 13 confidentiality of the patient’s drug and device medication record in accordance with State 14 and federal laws; 15 (4) Complies with drug and device storage and inventory procedures in 16 accordance with Department policy; and 17 (5) [Has] FOR A PRESCRIPTION DR UG OR DEVICE , HAS received a 18 prescription from an authorized prescriber employed at a local health department. 19 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 20 October 1, 2024. 21 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ Speaker of the House of Delegates. ________________________________________________________________________________ President of the Senate.