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.
Italics indicate opposite chamber/conference committee amendments.
*hb1171*
HOUSE BILL 1171
E1, J2 (4lr0657)
ENROLLED BILL
— Health and Government Operations/Finance and Judicial Proceedings —
Introduced 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
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
Speaker.
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; excluding the violation of a 7
certain provision of this Act from certain penalties; authorizing registered nurses to 8
provide, without a prescription, nonprescription drugs and devices in a local health 9
department under certain circumstances; and generally relating to nonprescription 10
drugs and devices. 11 2 HOUSE BILL 1171
BY repealing 1
Article – Criminal Law 2
Section 10–104 and 10–105 3
Annotated Code of Maryland 4
(2021 Replacement Volume and 2023 Supplement) 5
BY repealing and reenacting, without amendments, 6
Article – Health – General 7
Section 3–403(a)(1) 8
Annotated Code of Maryland 9
(2023 Replacement Volume) 10
BY repealing and reenacting, with amendments, 11
Article – Health – General 12
Section 3–403(b) and 21–1215 13
Annotated Code of Maryland 14
(2023 Replacement Volume) 15
BY adding to 16
Article – Health – General 17
Section 21–228 18
Annotated Code of Maryland 19
(2023 Replacement Volume) 20
BY repealing and reenacting, with amendments, 21
Article – Health Occupations 22
Section 8–512 23
Annotated Code of Maryland 24
(2021 Replacement Volume and 2023 Supplement) 25
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26
That the Laws of Maryland read as follows: 27
Article – Criminal Law 28
[10–104. 29
(a) A person may not sell or offer for sale a nonlatex condom by means of a vending 30
machine or other automatic device. 31
(b) (1) A person who violates this section is guilty of a misdemeanor and on 32
conviction is subject to a fine not exceeding $1,000 for each violation. 33
(2) Each vending machine or other automatic device in violation of this 34
section is a separate violation.] 35
HOUSE BILL 1171 3
[10–105. 1
(a) A person may not sell or offer for sale a contraceptive or a contraceptive device, 2
whether or not advertised as a prophylactic, by means of a vending machine or other 3
automatic device at a kindergarten, nursery school, or elementary or secondary school. 4
(b) (1) A person who violates this section is guilty of a misdemeanor and on 5
conviction is subject to a fine not exceeding $1,000 for each violation. 6
(2) Each vending machine or other automatic device in a school is a 7
separate violation.] 8
Article – Health – General 9
3–403. 10
(a) (1) There is a Committee on Registered Nurses Personally Preparing and 11
Dispensing Drugs and Devices in Local Health Departments. 12
(b) The Committee shall: 13
(1) Develop and approve a formulary for use by registered nurses THAT 14
INCLUDES ALL NONPRES CRIPTION CONTRACEPTI VE DRUGS AND DEVI CES 15
APPROVED BY THE U.S. FOOD AND DRUG ADMINISTRATION FOR 16
OVER–THE–COUNTER USE ; and 17
(2) Annually review the formulary to ensure compliance with current 18
prescribing standards. 19
21–228. 20
A PERSON MAY NOT SELL OR OFFER FOR SALE A NATURAL MEMBRANE 21
CONDOM BY MEANS OF A VENDIN G MACHINE OR OTHER A UTOMATIC DEVICE . 22
21–1215. 23
(a) This section does not apply to a violation of § 21–220(b)(4), § 21–228, or § 24
21–259.2 of this title. 25
(b) A person who violates any provision of Subtitle 2 of this title or any regulation 26
adopted under Subtitle 2 of this title is guilty of a misdemeanor and on conviction is subject 27
to: 28
(1) A fine not exceeding $10,000 or imprisonment not exceeding 1 year or 29
both; or 30
4 HOUSE BILL 1171
(2) If the person has been convicted once of violating Subtitle 2 of this title, 1
a fine not exceeding $25,000 or imprisonment not exceeding 3 years or both. 2
(c) In addition to any criminal penalties imposed under this section, a person who 3
violates any provision of Subtitle 2 of this title, any rule or regulation adopted under Subtitle 4
2 of this title, or any term, condition, or limitation of any license or registration issued under 5
Subtitle 2 of this title: 6
(1) Is subject to a civil penalty not exceeding $5,000, in an action in any 7
District Court; and 8
(2) May be enjoined from continuing the violation. 9
(d) Each day on which a violation occurs is a separate violation under this section. 10
Article – Health Occupations 11
8–512. 12
(a) (1) In this section the following words have the meanings indicated. 13
(2) “Authorized prescriber” means a licensed registered nurse, licensed 14
dentist, licensed physician, licensed physician’s assistant, licensed podiatrist, or other 15
individual authorized by law to prescribe prescription or nonprescription drugs or devices. 16
(3) (i) “Device” means an item used in the diagnosis, treatment, or 17
prevention of disease. 18
(ii) “Device” does not include: 19
1. Surgical or dental instruments; 20
2. Physical therapy equipment; 21
3. X–ray apparatuses; or 22
4. Component parts of or accessories for any of the items 23
described in items 1 through 3 of this subparagraph. 24
(4) (i) “Dispense” means a procedure that results in the receipt of a 25
drug or device by a patient or a patient’s agent. 26
(ii) “Dispense” includes: 27
1. Interpreting an authorized prescriber’s prescription for a 28
drug or device; 29
HOUSE BILL 1171 5
2. Selecting and labeling the drug or device prescribed; 1
3. Measuring and packaging the drug or device in accordance 2
with State and federal law; and 3
4. Documenting the transaction in the patient’s medical 4
record. 5
(5) “Drug” means, unless the context requires otherwise, a prescription or 6
nonprescription drug. 7
(6) “Formulary” means a list of drugs and devices. 8
(7) “Nonprescription drug OR DEVICE” means a drug OR DEVICE that: 9
(i) May be sold without a prescription; and 10
(ii) Is labeled for use by a consumer in accordance with State and 11
federal law. 12
(8) “Personally prepare and dispense” means to: 13
(i) Physically prepare a prescription; 14
(ii) Perform a final check of the prescription before dispensing it to a 15
patient; and 16
(iii) Not delegate any step of the dispensing process. 17
(9) “Prescription drug” means a drug that, under § 21–220 of the Health – 18
General Article, may be dispensed only on the prescription of an authorized prescriber. 19
(b) If a registered nurse complies with the requirements of this section, the 20
registered nurse may personally prepare and dispense drugs and devices OR PROVIDE, 21
WITHOUT A PRESCRIPTI ON, NONPRESCRIPTION DRUG S AND DEVICES in a local health 22
department: 23
(1) In accordance with the Overdose Response Program under Title 13, 24
Subtitle 31 of the Health – General Article or the Expedited Partner Therapy Pilot Program 25
under § 18–214.1 of the Health – General Article; or 26
(2) To patients in need of communicable disease, alcohol and drug abuse, 27
family planning, or reproductive health services. 28
6 HOUSE BILL 1171
(c) A registered nurse may personally prepare and dispense drugs and devices 1
OR PROVIDE, WITHOUT A PRESCRIPTI ON, NONPRESCRIPTION DRUGS AND DEVICES 2
if the registered nurse: 3
(1) Complies with the formulary developed and approved under § 3–403(b) 4
of the Health – General Article; 5
(2) Has successfully completed a training program administered by the 6
Department in accordance with § 3–405 of the Health – General Article; 7
(3) Maintains the patient’s health record in a manner that ensures the 8
confidentiality of the patient’s drug and device medication record in accordance with State 9
and federal laws; 10
(4) Complies with drug and device storage and inventory procedures in 11
accordance with Department policy; and 12
(5) [Has] FOR A PRESCRIPTION DR UG OR DEVICE , HAS received a 13
prescription from an authorized prescriber employed at a local health department. 14
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
October 1, 2024. 16
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.