MD
Maryland House Bill HB1171

Maryland 2024 Regular Session

Maryland House Bill HB1171 Compare Versions

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1- WES MOORE, Governor Ch. 933
21
3-– 1 –
4-Chapter 933
5-(House Bill 1171)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
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+ Italics indicate opposite chamber/conference committee amendments.
9+ *hb1171*
810
9-Nonprescription Drugs and Devices – Provision by Registered Nurses and Sale
10-of Contraceptives Through Automatic Devices
11+HOUSE BILL 1171
12+E1, J2 (4lr0657)
13+ENROLLED BILL
14+— Health and Government Operations/Finance and Judicial Proceedings —
15+Introduced by Delegates Williams, Embry, Fair, Love, Martinez, Palakovich Carr,
16+Roberts, Ruff, Ruth, Simpson, Terrasa, Turner, White Holland, Woods, and
17+Young Young, Pena–Melnyk, Cullison, Alston, Bagnall, Bhandari, Guzzone,
18+Hill, Hutchinson, S. Johnson, Kaiser, Kerr, R. Lewis, Lopez, Rosenberg,
19+Szeliga, and Taveras
1120
12-FOR the purpose of prohibiting the sale of natural membrane condoms, rather than all
13-nonlatex condoms, through a vending machine or other automatic device; repealing
14-the prohibition on a criminal penalty related to the sale of certain contraceptives by
15-means of a vending machine or other automatic device; excluding the violation of a
16-certain provision of this Act from certain penalties; authorizing registered nurses to
17-provide, without a prescription, nonprescription drugs and devices in a local health
18-department under certain circumstances; and generally relating to nonprescription
19-drugs and devices.
21+Read and Examined by Proofreaders:
2022
21-BY repealing
22- Article – Criminal Law
23-Section 10–104 and 10–105
24- Annotated Code of Maryland
25- (2021 Replacement Volume and 2023 Supplement)
23+_______________________________________________
24+Proofreader.
25+_______________________________________________
26+Proofreader.
2627
27-BY repealing and reenacting, without amendments,
28- Article – Health – General
29-Section 3–403(a)(1)
30- Annotated Code of Maryland
31- (2023 Replacement Volume)
28+Sealed with the Great Seal and presented to the Governor, for his approval this
3229
33-BY repealing and reenacting, with amendments,
34- Article – Health – General
35-Section 3–403(b) and 21–1215
36- Annotated Code of Maryland
37- (2023 Replacement Volume)
30+_______ day of _______________ at ________________________ o’clock, ________M.
3831
39-BY adding to
40- Article – Health – General
41- Section 21–228
42- Annotated Code of Maryland
43- (2023 Replacement Volume)
32+______________________________________________
33+Speaker.
4434
45-BY repealing and reenacting, with amendments,
46- Article – Health Occupations
47-Section 8–512
48- Annotated Code of Maryland
49- (2021 Replacement Volume and 2023 Supplement) Ch. 933 2024 LAWS OF MARYLAND
35+CHAPTER ______
5036
51-– 2 –
37+AN ACT concerning 1
5238
53- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
54-That the Laws of Maryland read as follows:
39+Nonprescription Drugs and Devices – Provision by Registered Nurses and Sale 2
40+of Contraceptives Through Automatic Devices 3
5541
56-Article – Criminal Law
42+FOR the purpose of prohibiting the sale of natural membrane condoms, rather than all 4
43+nonlatex condoms, through a vending machine or other automatic device; repealing 5
44+the prohibition on a criminal penalty related to the sale of certain contraceptives by 6
45+means of a vending machine or other automatic device; excluding the violation of a 7
46+certain provision of this Act from certain penalties; authorizing registered nurses to 8
47+provide, without a prescription, nonprescription drugs and devices in a local health 9
48+department under certain circumstances; and generally relating to nonprescription 10
49+drugs and devices. 11 2 HOUSE BILL 1171
5750
58-[10–104.
5951
60- (a) A person may not sell or offer for sale a nonlatex condom by means of a vending
61-machine or other automatic device.
6252
63- (b) (1) A person who violates this section is guilty of a misdemeanor and on
64-conviction is subject to a fine not exceeding $1,000 for each violation.
53+BY repealing 1
54+ Article – Criminal Law 2
55+Section 10–104 and 10–105 3
56+ Annotated Code of Maryland 4
57+ (2021 Replacement Volume and 2023 Supplement) 5
6558
66- (2) Each vending machine or other automatic device in violation of this
67-section is a separate violation.]
59+BY repealing and reenacting, without amendments, 6
60+ Article – Health – General 7
61+Section 3–403(a)(1) 8
62+ Annotated Code of Maryland 9
63+ (2023 Replacement Volume) 10
6864
69-[10–105.
65+BY repealing and reenacting, with amendments, 11
66+ Article – Health – General 12
67+Section 3–403(b) and 21–1215 13
68+ Annotated Code of Maryland 14
69+ (2023 Replacement Volume) 15
7070
71- (a) A person may not sell or offer for sale a contraceptive or a contraceptive device,
72-whether or not advertised as a prophylactic, by means of a vending machine or other
73-automatic device at a kindergarten, nursery school, or elementary or secondary school.
71+BY adding to 16
72+ Article – Health – General 17
73+ Section 21–228 18
74+ Annotated Code of Maryland 19
75+ (2023 Replacement Volume) 20
7476
75- (b) (1) A person who violates this section is guilty of a misdemeanor and on
76-conviction is subject to a fine not exceeding $1,000 for each violation.
77+BY repealing and reenacting, with amendments, 21
78+ Article – Health Occupations 22
79+Section 8–512 23
80+ Annotated Code of Maryland 24
81+ (2021 Replacement Volume and 2023 Supplement) 25
7782
78- (2) Each vending machine or other automatic device in a school is a
79-separate violation.]
83+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26
84+That the Laws of Maryland read as follows: 27
8085
81-Article – Health – General
86+Article – Criminal Law 28
8287
83-3–403.
88+[10–104. 29
8489
85- (a) (1) There is a Committee on Registered Nurses Personally Preparing and
86-Dispensing Drugs and Devices in Local Health Departments.
90+ (a) A person may not sell or offer for sale a nonlatex condom by means of a vending 30
91+machine or other automatic device. 31
8792
88- (b) The Committee shall:
93+ (b) (1) A person who violates this section is guilty of a misdemeanor and on 32
94+conviction is subject to a fine not exceeding $1,000 for each violation. 33
8995
90- (1) Develop and approve a formulary for use by registered nurses THAT
91-INCLUDES ALL NONPRES CRIPTION CONTRACEPTI VE DRUGS AND DEVICES
92-APPROVED BY THE U.S. FOOD AND DRUG ADMINISTRATIO N FOR
93-OVER–THE–COUNTER USE ; and
96+ (2) Each vending machine or other automatic device in violation of this 34
97+section is a separate violation.] 35
98+ HOUSE BILL 1171 3
9499
95- (2) Annually review the formulary to ensure compliance with current
96-prescribing standards. WES MOORE, Governor Ch. 933
97100
98-– 3 –
101+[10–105. 1
99102
100-21–228.
103+ (a) A person may not sell or offer for sale a contraceptive or a contraceptive device, 2
104+whether or not advertised as a prophylactic, by means of a vending machine or other 3
105+automatic device at a kindergarten, nursery school, or elementary or secondary school. 4
101106
102- A PERSON MAY NOT SELL OR OFFER FOR SALE A NATURAL MEMBRANE
103-CONDOM BY MEANS OF A VENDING MACHINE OR O THER AUTOMATIC DEVICE.
107+ (b) (1) A person who violates this section is guilty of a misdemeanor and on 5
108+conviction is subject to a fine not exceeding $1,000 for each violation. 6
104109
105-21–1215.
110+ (2) Each vending machine or other automatic device in a school is a 7
111+separate violation.] 8
106112
107- (a) This section does not apply to a violation of § 21–220(b)(4), § 21–228, or §
108-21–259.2 of this title.
113+Article – Health – General 9
109114
110- (b) A person who violates any provision of Subtitle 2 of this title or any regulation
111-adopted under Subtitle 2 of this title is guilty of a misdemeanor and on conviction is subject
112-to:
115+3–403. 10
113116
114- (1) A fine not exceeding $10,000 or imprisonment not exceeding 1 year or
115-both; or
117+ (a) (1) There is a Committee on Registered Nurses Personally Preparing and 11
118+Dispensing Drugs and Devices in Local Health Departments. 12
116119
117- (2) If the person has been convicted once of violating Subtitle 2 of this title,
118-a fine not exceeding $25,000 or imprisonment not exceeding 3 years or both.
120+ (b) The Committee shall: 13
119121
120- (c) In addition to any criminal penalties imposed under this section, a person who
121-violates any provision of Subtitle 2 of this title, any rule or regulation adopted under Subtitle
122-2 of this title, or any term, condition, or limitation of any license or registration issued under
123-Subtitle 2 of this title:
122+ (1) Develop and approve a formulary for use by registered nurses THAT 14
123+INCLUDES ALL NONPRES CRIPTION CONTRACEPTI VE DRUGS AND DEVI CES 15
124+APPROVED BY THE U.S. FOOD AND DRUG ADMINISTRATION FOR 16
125+OVER–THE–COUNTER USE ; and 17
124126
125- (1) Is subject to a civil penalty not exceeding $5,000, in an action in any
126-District Court; and
127+ (2) Annually review the formulary to ensure compliance with current 18
128+prescribing standards. 19
127129
128- (2) May be enjoined from continuing the violation.
130+21–228. 20
129131
130- (d) Each day on which a violation occurs is a separate violation under this section.
132+ A PERSON MAY NOT SELL OR OFFER FOR SALE A NATURAL MEMBRANE 21
133+CONDOM BY MEANS OF A VENDIN G MACHINE OR OTHER A UTOMATIC DEVICE . 22
131134
132-Article – Health Occupations
135+21–1215. 23
133136
134-8–512.
137+ (a) This section does not apply to a violation of § 21–220(b)(4), § 21–228, or § 24
138+21–259.2 of this title. 25
135139
136- (a) (1) In this section the following words have the meanings indicated.
140+ (b) A person who violates any provision of Subtitle 2 of this title or any regulation 26
141+adopted under Subtitle 2 of this title is guilty of a misdemeanor and on conviction is subject 27
142+to: 28
137143
138- (2) “Authorized prescriber” means a licensed registered nurse, licensed
139-dentist, licensed physician, licensed physician’s assistant, licensed podiatrist, or other
140-individual authorized by law to prescribe prescription or nonprescription drugs or devices.
144+ (1) A fine not exceeding $10,000 or imprisonment not exceeding 1 year or 29
145+both; or 30
146+ 4 HOUSE BILL 1171
141147
142- (3) (i) “Device” means an item used in the diagnosis, treatment, or
143-prevention of disease.
144- Ch. 933 2024 LAWS OF MARYLAND
145148
146-– 4 –
147- (ii) “Device” does not include:
149+ (2) If the person has been convicted once of violating Subtitle 2 of this title, 1
150+a fine not exceeding $25,000 or imprisonment not exceeding 3 years or both. 2
148151
149- 1. Surgical or dental instruments;
152+ (c) In addition to any criminal penalties imposed under this section, a person who 3
153+violates any provision of Subtitle 2 of this title, any rule or regulation adopted under Subtitle 4
154+2 of this title, or any term, condition, or limitation of any license or registration issued under 5
155+Subtitle 2 of this title: 6
150156
151- 2. Physical therapy equipment;
157+ (1) Is subject to a civil penalty not exceeding $5,000, in an action in any 7
158+District Court; and 8
152159
153- 3. X–ray apparatuses; or
160+ (2) May be enjoined from continuing the violation. 9
154161
155- 4. Component parts of or accessories for any of the items
156-described in items 1 through 3 of this subparagraph.
162+ (d) Each day on which a violation occurs is a separate violation under this section. 10
157163
158- (4) (i) “Dispense” means a procedure that results in the receipt of a
159-drug or device by a patient or a patient’s agent.
164+Article – Health Occupations 11
160165
161- (ii) “Dispense” includes:
166+8–512. 12
162167
163- 1. Interpreting an authorized prescriber’s prescription for a
164-drug or device;
168+ (a) (1) In this section the following words have the meanings indicated. 13
165169
166- 2. Selecting and labeling the drug or device prescribed;
170+ (2) “Authorized prescriber” means a licensed registered nurse, licensed 14
171+dentist, licensed physician, licensed physician’s assistant, licensed podiatrist, or other 15
172+individual authorized by law to prescribe prescription or nonprescription drugs or devices. 16
167173
168- 3. Measuring and packaging the drug or device in accordance
169-with State and federal law; and
174+ (3) (i) “Device” means an item used in the diagnosis, treatment, or 17
175+prevention of disease. 18
170176
171- 4. Documenting the transaction in the patient’s medical
172-record.
177+ (ii) “Device” does not include: 19
173178
174- (5) “Drug” means, unless the context requires otherwise, a prescription or
175-nonprescription drug.
179+ 1. Surgical or dental instruments; 20
176180
177- (6) “Formulary” means a list of drugs and devices.
181+ 2. Physical therapy equipment; 21
178182
179- (7) “Nonprescription drug OR DEVICE” means a drug OR DEVICE that:
183+ 3. X–ray apparatuses; or 22
180184
181- (i) May be sold without a prescription; and
185+ 4. Component parts of or accessories for any of the items 23
186+described in items 1 through 3 of this subparagraph. 24
182187
183- (ii) Is labeled for use by a consumer in accordance with State and
184-federal law.
188+ (4) (i) “Dispense” means a procedure that results in the receipt of a 25
189+drug or device by a patient or a patient’s agent. 26
185190
186- (8) “Personally prepare and dispense” means to:
191+ (ii) “Dispense” includes: 27
187192
188- (i) Physically prepare a prescription;
193+ 1. Interpreting an authorized prescriber’s prescription for a 28
194+drug or device; 29
195+ HOUSE BILL 1171 5
189196
190- (ii) Perform a final check of the prescription before dispensing it to a
191-patient; and
192- WES MOORE, Governor Ch. 933
193197
194-– 5 –
195- (iii) Not delegate any step of the dispensing process.
198+ 2. Selecting and labeling the drug or device prescribed; 1
196199
197- (9) “Prescription drug” means a drug that, under § 21–220 of the Health –
198-General Article, may be dispensed only on the prescription of an authorized prescriber.
200+ 3. Measuring and packaging the drug or device in accordance 2
201+with State and federal law; and 3
199202
200- (b) If a registered nurse complies with the requirements of this section, the
201-registered nurse may personally prepare and dispense drugs and devices OR PROVIDE,
202-WITHOUT A PRESCRIPTI ON, NONPRESCRIPTION DRUG S AND DEVICES in a local health
203-department:
203+ 4. Documenting the transaction in the patient’s medical 4
204+record. 5
204205
205- (1) In accordance with the Overdose Response Program under Title 13,
206-Subtitle 31 of the Health – General Article or the Expedited Partner Therapy Pilot Program
207-under § 18–214.1 of the Health – General Article; or
206+ (5) “Drug” means, unless the context requires otherwise, a prescription or 6
207+nonprescription drug. 7
208208
209- (2) To patients in need of communicable disease, alcohol and drug abuse,
210-family planning, or reproductive health services.
209+ (6) “Formulary” means a list of drugs and devices. 8
211210
212- (c) A registered nurse may personally prepare and dispense drugs and devices
213-OR PROVIDE, WITHOUT A PRESCRIPTI ON, NONPRESCRIPTION DRUG S AND DEVICES
214-if the registered nurse:
211+ (7) “Nonprescription drug OR DEVICE” means a drug OR DEVICE that: 9
215212
216- (1) Complies with the formulary developed and approved under § 3–403(b)
217-of the Health – General Article;
213+ (i) May be sold without a prescription; and 10
218214
219- (2) Has successfully completed a training program administered by the
220-Department in accordance with § 3–405 of the Health – General Article;
215+ (ii) Is labeled for use by a consumer in accordance with State and 11
216+federal law. 12
221217
222- (3) Maintains the patient’s health record in a manner that ensures the
223-confidentiality of the patient’s drug and device medication record in accordance with State
224-and federal laws;
218+ (8) “Personally prepare and dispense” means to: 13
225219
226- (4) Complies with drug and device storage and inventory procedures in
227-accordance with Department policy; and
220+ (i) Physically prepare a prescription; 14
228221
229- (5) [Has] FOR A PRESCRIPTION DR UG OR DEVICE , HAS received a
230-prescription from an authorized prescriber employed at a local health department.
222+ (ii) Perform a final check of the prescription before dispensing it to a 15
223+patient; and 16
231224
232- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
233-October 1, 2024.
225+ (iii) Not delegate any step of the dispensing process. 17
234226
235-Approved by the Governor, May 16, 2024.
227+ (9) “Prescription drug” means a drug that, under § 21–220 of the Health – 18
228+General Article, may be dispensed only on the prescription of an authorized prescriber. 19
229+
230+ (b) If a registered nurse complies with the requirements of this section, the 20
231+registered nurse may personally prepare and dispense drugs and devices OR PROVIDE, 21
232+WITHOUT A PRESCRIPTI ON, NONPRESCRIPTION DRUG S AND DEVICES in a local health 22
233+department: 23
234+
235+ (1) In accordance with the Overdose Response Program under Title 13, 24
236+Subtitle 31 of the Health – General Article or the Expedited Partner Therapy Pilot Program 25
237+under § 18–214.1 of the Health – General Article; or 26
238+
239+ (2) To patients in need of communicable disease, alcohol and drug abuse, 27
240+family planning, or reproductive health services. 28
241+ 6 HOUSE BILL 1171
242+
243+
244+ (c) A registered nurse may personally prepare and dispense drugs and devices 1
245+OR PROVIDE, WITHOUT A PRESCRIPTI ON, NONPRESCRIPTION DRUGS AND DEVICES 2
246+if the registered nurse: 3
247+
248+ (1) Complies with the formulary developed and approved under § 3–403(b) 4
249+of the Health – General Article; 5
250+
251+ (2) Has successfully completed a training program administered by the 6
252+Department in accordance with § 3–405 of the Health – General Article; 7
253+
254+ (3) Maintains the patient’s health record in a manner that ensures the 8
255+confidentiality of the patient’s drug and device medication record in accordance with State 9
256+and federal laws; 10
257+
258+ (4) Complies with drug and device storage and inventory procedures in 11
259+accordance with Department policy; and 12
260+
261+ (5) [Has] FOR A PRESCRIPTION DR UG OR DEVICE , HAS received a 13
262+prescription from an authorized prescriber employed at a local health department. 14
263+
264+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
265+October 1, 2024. 16
266+
267+
268+
269+
270+Approved:
271+________________________________________________________________________________
272+ Governor.
273+________________________________________________________________________________
274+ Speaker of the House of Delegates.
275+________________________________________________________________________________
276+ President of the Senate.