EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0171*
HOUSE BILL 171
J2, M4 4lr1351
(PRE–FILED)
By: Delegate Guyton
Requested: October 31, 2023
Introduced and read first time: January 10, 2024
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
State Board of Pharmacy – Membership – Veterinary Pharmacist 2
FOR the purpose of adding a veterinary pharmacist member to the State Board of 3
Pharmacy; and generally relating to the State Board of Pharmacy. 4
BY repealing and reenacting, with amendments, 5
Article – Health Occupations 6
Section 12–202 7
Annotated Code of Maryland 8
(2021 Replacement Volume and 2023 Supplement) 9
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10
That the Laws of Maryland read as follows: 11
Article – Health Occupations 12
12–202. 13
(a) (1) The Board consists of [13] 14 members. 14
(2) Of the [13] 14 Board members: 15
(i) Ten shall be licensed pharmacists, including: 16
1. Two who at the time of appointment practice primarily in 17
chain store pharmacies; 18
2. Two who at the time of appointment practice primarily in 19
independent pharmacies; 20 2 HOUSE BILL 171
3. Two who at the time of appointment practice primarily in 1
an acute–care hospital; 2
4. One who at the time of appointment practices primarily in 3
a pharmacy that provides services to a long–term care facility; 4
5. One who at the time of appointment practices primarily in 5
a pharmacy that specializes in the provision of home infusion/home care services; [and] 6
6. ONE WHO AT THE TIME O F APPOINTMENT PRACTI CES 7
PRIMARILY AS A VETERINARY PHARMAC IST; AND 8
[6.] 7. Two pharmacists at–large; 9
(ii) One shall be a registered pharmacy technician; and 10
(iii) Two shall be consumer members. 11
(3) (i) The Governor shall appoint the chain store pharmacist members, 12
with the advice of the Secretary, from a list of names submitted to the Secretary and the 13
Governor by the Maryland Association of Chain Drug Stores. 14
(ii) The Governor shall appoint the independent pharmacist 15
members, with the advice of the Secretary, from a list of names submitted to the Secretary 16
and the Governor by the Maryland Pharmacists Association and the Maryland 17
Pharmaceutical Society. 18
(iii) The Governor shall appoint the acute–care hospital pharmacist 19
members, with the advice of the Secretary, from a list of names submitted to the Secretary 20
and the Governor by the Maryland Society of Health–System Pharmacists. 21
(iv) The Governor shall appoint the long –term care facility 22
pharmacist member, with the advice of the Secretary, from a list of names submitted to the 23
Secretary and the Governor by the Maryland Chapter of the American Society of 24
Consultant Pharmacists. 25
(v) The Governor shall appoint the home infusion/home care 26
pharmacist member, with the advice of the Secretary, from a list of names submitted to the 27
Secretary and the Governor by the Maryland Society of Health–System Pharmacists. 28
(vi) The Governor shall appoint the at–large pharmacist members, 29
with the advice of the Secretary, from a list of all names submitted to the Maryland 30
Pharmacists Association, and then forwarded to the Secretary and the Governor. 31
(vii) The Governor shall appoint the registered pharmacy technician 32
member, with the advice of the Secretary, from a list of all names submitted to the 33 HOUSE BILL 171 3
Secretary and the Governor by the Maryland Society of Health–System Pharmacists and 1
the Maryland Pharmacists Association. 2
(VIII) THE GOVERNOR SHALL APPOIN T THE VETERINARY 3
PHARMACIST , WITH THE ADVICE OF T HE SECRETARY, FROM A LIST OF ALL N AMES 4
SUBMITTED TO THE SECRETARY AND THE GOVERNOR BY THE MARYLAND 5
VETERINARY MEDICAL ASSOCIATION. 6
[(viii)] (IX) Except for the at–large vacancies, the number of names on 7
each list submitted to the Secretary and the Governor under this paragraph shall be three 8
times the number of vacancies. 9
(4) For each pharmacist vacancy and each registered pharmacy technician 10
vacancy: 11
(i) The Board shall notify all licensed pharmacists, registered 12
pharmacy technicians, and other interested parties of record in the State of the vacancy to 13
solicit nominations to fill the vacancy and provide information for contacting a 14
representative of the group that submits the list of names to the Governor under paragraph 15
(3) of this subsection; and 16
(ii) Except for the at–large vacancies, each association that is 17
responsible for submitting a list of nominees to the Secretary and the Governor under this 18
section shall: 19
1. Issue a nomination form upon the request of any licensed 20
pharmacist and consider all nominations received by the association’s deadline; 21
2. Form a committee, which recognizes diversity within the 22
State in geographic distribution, sex, race, and age, comprised of at least five pharmacists 23
to review nominations, interview all qualified nominees in a meeting open to the public, 24
and select three names for each vacancy to be submitted to the Secretary and the Governor; 25
and 26
3. In the event that fewer than three qualified nominees are 27
submitted to the association, select any additional names that are needed to complete the 28
list required to be submitted to the Secretary and the Governor under this section. 29
(5) The Governor shall appoint the consumer members with the advice of 30
the Secretary and the advice and consent of the Senate. 31
(6) Each member of the Board shall be a resident of this State. 32
(7) A member of the Board shall be recused from all aspects of the licensing 33
exam if that Board member: 34
(i) Is a member of the board of trustees at a school of pharmacy; 35 4 HOUSE BILL 171
(ii) Is a teacher at a school of pharmacy; or 1
(iii) Acquires the member’s primary source of income through 2
employment by a school of pharmacy. 3
(b) Each pharmacist member and each registered pharmacy technician member 4
of the Board shall: 5
(1) Be skilled and competent in practicing pharmacy; and 6
(2) Have at least 5 years of active pharmacy practice. 7
(c) Each consumer member of the Board: 8
(1) Shall be a member of the general public; 9
(2) May not be or ever have been a pharmacist or in training to become a 10
pharmacist; 11
(3) May not have a household member who is a pharmacist or in training 12
to become a pharmacist; 13
(4) May not participate or ever have participated in a commercial or 14
professional field related to practicing pharmacy; 15
(5) May not have a household member who participates in a commercial or 16
professional field related to practicing pharmacy; and 17
(6) May not have had within 2 years before appointment a substantial 18
financial interest in a person regulated by the Board. 19
(d) While a member of the Board, a consumer member may not have a substantial 20
financial interest in a person regulated by the Board. 21
(e) Before taking office, each appointee to the Board shall take the oath required 22
by Article I, § 9 of the Maryland Constitution. 23
(f) (1) The term of a member is 4 years. 24
(2) The terms of members are staggered as required by the terms provided 25
for members of the Board on July 1, 1981. 26
(3) At the end of a term, a member continues to serve until a successor is 27
appointed and qualifies. 28
HOUSE BILL 171 5
(4) A member who is appointed after a term has begun serves only for the 1
rest of the term and until a successor is appointed and qualifies. 2
(5) To the extent practicable, the Governor shall fill any vacancy on the 3
Board within 60 days of the date of the vacancy. 4
(6) A member may not serve more than 2 consecutive full terms. 5
(g) (1) The Governor may remove a member for incompetence or misconduct. 6
(2) Upon the recommendation of the Secretary, the Governor may remove 7
a member whom the Secretary finds to have been absent from 2 successive Board meetings 8
without adequate reason. 9
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
October 1, 2024. 11