Maryland 2024 Regular Session

Maryland House Bill HB171 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0171
6	6
7	7	HOUSE BILL 171
8	8	J2, M4 4lr1351
9	9	(PRE–FILED)
10	10	By: Delegate Guyton
11	11	Requested: October 31, 2023
12	12	Introduced and read first time: January 10, 2024
13	13	Assigned to: Health and Government Operations
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	State Board of Pharmacy – Membership – Veterinary Pharmacist 2
20	20
21	21	FOR the purpose of adding a veterinary pharmacist member to the State Board of 3
22	22	Pharmacy; and generally relating to the State Board of Pharmacy. 4
23	23
24	24	BY repealing and reenacting, with amendments, 5
25	25	Article – Health Occupations 6
26	26	Section 12–202 7
27	27	Annotated Code of Maryland 8
28	28	(2021 Replacement Volume and 2023 Supplement) 9
29	29
30	30	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10
31	31	That the Laws of Maryland read as follows: 11
32	32
33	33	Article – Health Occupations 12
34	34
35	35	12–202. 13
36	36
37	37	(a) (1) The Board consists of [13] 14 members. 14
38	38
39	39	(2) Of the [13] 14 Board members: 15
40	40
41	41	(i) Ten shall be licensed pharmacists, including: 16
42	42
43	43	1. Two who at the time of appointment practice primarily in 17
44	44	chain store pharmacies; 18
45	45
46	46	2. Two who at the time of appointment practice primarily in 19
47	47	independent pharmacies; 20 2 HOUSE BILL 171
48	48
49	49
50	50
51	51	3. Two who at the time of appointment practice primarily in 1
52	52	an acute–care hospital; 2
53	53
54	54	4. One who at the time of appointment practices primarily in 3
55	55	a pharmacy that provides services to a long–term care facility; 4
56	56
57	57	5. One who at the time of appointment practices primarily in 5
58	58	a pharmacy that specializes in the provision of home infusion/home care services; [and] 6
59	59
60	60	6. ONE WHO AT THE TIME O F APPOINTMENT PRACTI CES 7
61	61	PRIMARILY AS A VETERINARY PHARMAC IST; AND 8
62	62
63	63	[6.] 7. Two pharmacists at–large; 9
64	64
65	65	(ii) One shall be a registered pharmacy technician; and 10
66	66
67	67	(iii) Two shall be consumer members. 11
68	68
69	69	(3) (i) The Governor shall appoint the chain store pharmacist members, 12
70	70	with the advice of the Secretary, from a list of names submitted to the Secretary and the 13
71	71	Governor by the Maryland Association of Chain Drug Stores. 14
72	72
73	73	(ii) The Governor shall appoint the independent pharmacist 15
74	74	members, with the advice of the Secretary, from a list of names submitted to the Secretary 16
75	75	and the Governor by the Maryland Pharmacists Association and the Maryland 17
76	76	Pharmaceutical Society. 18
77	77
78	78	(iii) The Governor shall appoint the acute–care hospital pharmacist 19
79	79	members, with the advice of the Secretary, from a list of names submitted to the Secretary 20
80	80	and the Governor by the Maryland Society of Health–System Pharmacists. 21
81	81
82	82	(iv) The Governor shall appoint the long –term care facility 22
83	83	pharmacist member, with the advice of the Secretary, from a list of names submitted to the 23
84	84	Secretary and the Governor by the Maryland Chapter of the American Society of 24
85	85	Consultant Pharmacists. 25
86	86
87	87	(v) The Governor shall appoint the home infusion/home care 26
88	88	pharmacist member, with the advice of the Secretary, from a list of names submitted to the 27
89	89	Secretary and the Governor by the Maryland Society of Health–System Pharmacists. 28
90	90
91	91	(vi) The Governor shall appoint the at–large pharmacist members, 29
92	92	with the advice of the Secretary, from a list of all names submitted to the Maryland 30
93	93	Pharmacists Association, and then forwarded to the Secretary and the Governor. 31
94	94
95	95	(vii) The Governor shall appoint the registered pharmacy technician 32
96	96	member, with the advice of the Secretary, from a list of all names submitted to the 33 HOUSE BILL 171 3
97	97
98	98
99	99	Secretary and the Governor by the Maryland Society of Health–System Pharmacists and 1
100	100	the Maryland Pharmacists Association. 2
101	101
102	102	(VIII) THE GOVERNOR SHALL APPOIN T THE VETERINARY 3
103	103	PHARMACIST , WITH THE ADVICE OF T HE SECRETARY, FROM A LIST OF ALL N AMES 4
104	104	SUBMITTED TO THE SECRETARY AND THE GOVERNOR BY THE MARYLAND 5
105	105	VETERINARY MEDICAL ASSOCIATION. 6
106	106
107	107	[(viii)] (IX) Except for the at–large vacancies, the number of names on 7
108	108	each list submitted to the Secretary and the Governor under this paragraph shall be three 8
109	109	times the number of vacancies. 9
110	110
111	111	(4) For each pharmacist vacancy and each registered pharmacy technician 10
112	112	vacancy: 11
113	113
114	114	(i) The Board shall notify all licensed pharmacists, registered 12
115	115	pharmacy technicians, and other interested parties of record in the State of the vacancy to 13
116	116	solicit nominations to fill the vacancy and provide information for contacting a 14
117	117	representative of the group that submits the list of names to the Governor under paragraph 15
118	118	(3) of this subsection; and 16
119	119
120	120	(ii) Except for the at–large vacancies, each association that is 17
121	121	responsible for submitting a list of nominees to the Secretary and the Governor under this 18
122	122	section shall: 19
123	123
124	124	1. Issue a nomination form upon the request of any licensed 20
125	125	pharmacist and consider all nominations received by the association’s deadline; 21
126	126
127	127	2. Form a committee, which recognizes diversity within the 22
128	128	State in geographic distribution, sex, race, and age, comprised of at least five pharmacists 23
129	129	to review nominations, interview all qualified nominees in a meeting open to the public, 24
130	130	and select three names for each vacancy to be submitted to the Secretary and the Governor; 25
131	131	and 26
132	132
133	133	3. In the event that fewer than three qualified nominees are 27
134	134	submitted to the association, select any additional names that are needed to complete the 28
135	135	list required to be submitted to the Secretary and the Governor under this section. 29
136	136
137	137	(5) The Governor shall appoint the consumer members with the advice of 30
138	138	the Secretary and the advice and consent of the Senate. 31
139	139
140	140	(6) Each member of the Board shall be a resident of this State. 32
141	141
142	142	(7) A member of the Board shall be recused from all aspects of the licensing 33
143	143	exam if that Board member: 34
144	144
145	145	(i) Is a member of the board of trustees at a school of pharmacy; 35 4 HOUSE BILL 171
146	146
147	147
148	148
149	149	(ii) Is a teacher at a school of pharmacy; or 1
150	150
151	151	(iii) Acquires the member’s primary source of income through 2
152	152	employment by a school of pharmacy. 3
153	153
154	154	(b) Each pharmacist member and each registered pharmacy technician member 4
155	155	of the Board shall: 5
156	156
157	157	(1) Be skilled and competent in practicing pharmacy; and 6
158	158
159	159	(2) Have at least 5 years of active pharmacy practice. 7
160	160
161	161	(c) Each consumer member of the Board: 8
162	162
163	163	(1) Shall be a member of the general public; 9
164	164
165	165	(2) May not be or ever have been a pharmacist or in training to become a 10
166	166	pharmacist; 11
167	167
168	168	(3) May not have a household member who is a pharmacist or in training 12
169	169	to become a pharmacist; 13
170	170
171	171	(4) May not participate or ever have participated in a commercial or 14
172	172	professional field related to practicing pharmacy; 15
173	173
174	174	(5) May not have a household member who participates in a commercial or 16
175	175	professional field related to practicing pharmacy; and 17
176	176
177	177	(6) May not have had within 2 years before appointment a substantial 18
178	178	financial interest in a person regulated by the Board. 19
179	179
180	180	(d) While a member of the Board, a consumer member may not have a substantial 20
181	181	financial interest in a person regulated by the Board. 21
182	182
183	183	(e) Before taking office, each appointee to the Board shall take the oath required 22
184	184	by Article I, § 9 of the Maryland Constitution. 23
185	185
186	186	(f) (1) The term of a member is 4 years. 24
187	187
188	188	(2) The terms of members are staggered as required by the terms provided 25
189	189	for members of the Board on July 1, 1981. 26
190	190
191	191	(3) At the end of a term, a member continues to serve until a successor is 27
192	192	appointed and qualifies. 28
193	193	HOUSE BILL 171 5
194	194
195	195
196	196	(4) A member who is appointed after a term has begun serves only for the 1
197	197	rest of the term and until a successor is appointed and qualifies. 2
198	198
199	199	(5) To the extent practicable, the Governor shall fill any vacancy on the 3
200	200	Board within 60 days of the date of the vacancy. 4
201	201
202	202	(6) A member may not serve more than 2 consecutive full terms. 5
203	203
204	204	(g) (1) The Governor may remove a member for incompetence or misconduct. 6
205	205
206	206	(2) Upon the recommendation of the Secretary, the Governor may remove 7
207	207	a member whom the Secretary finds to have been absent from 2 successive Board meetings 8
208	208	without adequate reason. 9
209	209
210	210	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
211	211	October 1, 2024. 11