EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0076*
HOUSE BILL 76
J2 EMERGENCY BILL 4lr1232
(PRE–FILED) CF SB 18
By: Delegate Lopez
Requested: October 30, 2023
Introduced and read first time: January 10, 2024
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Health Occupations – Pharmacists – Administration of Vaccines 2
FOR the purpose of authorizing a pharmacist to order and administer certain vaccinations 3
to individuals in certain age groups if certain requirements are met; altering the 4
vaccinations that a pharmacist can administer to individuals of at least a certain 5
age; altering the circumstances under which a pharmacist may administer certain 6
vaccinations; and generally relating to the administration of vaccinations by 7
pharmacists. 8
BY repealing and reenacting, with amendments, 9
Article – Health Occupations 10
Section 12–508 11
Annotated Code of Maryland 12
(2021 Replacement Volume and 2023 Supplement) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – Health Occupations 16
12–508. 17
(a) (1) [Subject to subsection (c) of this section, a pharmacist may administer 18
an influenza vaccination to an individual who is at least 9 years old, in accordance with 19
regulations adopted by the Board, in consultation with the Department. 20
(2)] Subject to [subsection (c) of this section] PARAGRAPH (3) OF THIS 21
SUBSECTION , a pharmacist may ORDER AND administer a vaccination [that] TO AN 22
INDIVIDUAL WHO IS AT LEAST 5 YEARS OLD IF: 23 2 HOUSE BILL 76
(I) 1. THE VACCINE is [listed in] RECOMMENDED BY the 1
Centers for Disease Control and Prevention’s [Recommended Immunization Schedule to an 2
individual who: 3
(i) Is at least 11 years old but under the age of 18 years; and 4
(ii) Has a prescription from an authorized prescriber] ADVISORY 5
COMMITTEE ON IMMUNIZATION PRACTICES; OR 6
2. THE VACCINE IS APPROV ED OR AUTHORIZED BY THE 7
U.S. FOOD AND DRUG ADMINISTRATION ; 8
(II) THE PHARMACIST HAS COMPLETED A PRACTICA L TRAINING 9
PROGRAM OF AT LEAST 20 HOURS THAT IS APPROV ED BY THE ACCREDITATION 10
COUNCIL FOR PHARMACY EDUCATION AND INCLUDE S: 11
1. HANDS–ON INJECTION TECHNIQ UES; 12
2. CLINICAL EVALUATION O F INDICATIONS AND 13
CONTRAINDICATIONS OF VACCINES; AND 14
3. THE RECOGNITION AND T REATMENT OF EMERGENC Y 15
REACTIONS TO VACCINE S; 16
(III) THE PHARMACIST HAS A CURRENT CERTIFICATE IN BASIC 17
CARDIOPULMONARY RESU SCITATION; 18
(IV) THE PHARMACIST HAS CO MPLETED A MINIMUM OF 2 HOURS 19
OF CONTINUING PHAR MACEUTICAL EDUCATION RELATED TO IMMUNIZAT IONS THAT 20
IS APPROVED BY THE ACCREDITATION COUNCIL FOR PHARMACY EDUCATION AS 21
PART OF THE LICENSE RENEWAL REQUIREMENTS UNDER § 12–309 OF THIS TITLE; 22
(V) THE PHARMACIST COMPLI ES WITH THE RECORD –KEEPING 23
AND REPORTI NG REQUIREMENTS IN P ARAGRAPH (4) OF THIS SUBSECTION A ND ANY 24
CORRESPONDING REGULA TIONS ADOPTED BY THE BOARD; AND 25
(VI) IF THE VACCINATION IS ADMIN ISTERED TO AN INDIVI DUAL 26
UNDER THE AGE OF 18 YEARS, THE PHARMACIST INFORMS THE CHILD VACCINATION 27
PATIENT AND ADULT CAREGIVER WHO IS ACCOMPANYING THE CHILD OF THE 28
IMPORTANCE OF WELL –CHILD VISITS WITH A PEDIATRIC PRIMARY CA RE PROVIDER 29
AND REFERS THE PATIE NT TO A PEDIATRIC PR IMARY CARE PROVIDER WHEN 30
APPROPRIATE . 31
HOUSE BILL 76 3
[(3)] (2) [(i)] Subject to [subparagraph (ii) of this paragraph] 1
PARAGRAPH (3) OF THIS SUBSECTION , a pharmacist WHO HAS MET THE 2
REQUIREMENT OF PARAGRAPH (1)(II), (III), AND (IV) OF THIS SUBSECTION may 3
administer to an adult a vaccination that is[: 4
1. Listed in the Centers for Disease Control and Prevention’s 5
Recommended Immunization Schedule; or 6
2. Recommended] RECOMMENDED in the Centers for 7
Disease Control and Prevention’s Health Information for International Travel. 8
[(ii)] (3) A pharmacist shall administer a vaccination under 9
[subparagraph (i)] PARAGRAPH (1) OR (2) of this [paragraph] SUBSECTION under a 10
written protocol that: 11
[1.] (I) Is vaccine specific; and 12
[2.] (II) Meets criteria established by the Department, in 13
consultation with the Board, the Board of Physicians, and the Board of Nursing, in 14
regulation. 15
(4) A pharmacist shall: 16
(i) Report all vaccinations administered by the pharmacist to the 17
ImmuNet Program established under § 18–109 of the Health – General Article; 18
(ii) If the vaccination has been administered in accordance with a 19
prescription, document at least one effort to inform the individual’s authorized prescriber 20
that the vaccination has been administered; and 21
(iii) [For a vaccination administered under paragraph (2) or (3)] 22
EXCEPT FOR AN INFLUEN ZA VACCINATION ADMINIST ERED UNDER PARAGRAPH (1) 23
of this subsection, if the authorized prescriber is not the individual’s primary care provider 24
or if the vaccination has not been administered in accordance with a prescription, document 25
at least one effort to inform the individual’s primary care provider or other usual source of 26
care that the vaccination has been administered. 27
(b) The Board shall: 28
(1) Set reasonable fees for the administration of vaccinations under this 29
section; and 30
(2) Adopt regulations that require a pharmacist to submit a registration 31
form to the Board that includes verification that the pharmacist: 32
4 HOUSE BILL 76
(i) Has successfully completed a certification course approved by the 1
Board that included instruction in the guidelines and recommendations of the Centers for 2
Disease Control and Prevention regarding vaccinations; and 3
(ii) Is certified in basic cardiopulmonary resuscitation and obtained 4
the certification through in–person classroom instruction. 5
[(c) From July 1, 2021, to June 30, 2023, inclusive, a pharmacist may administer 6
a vaccine to an individual who is at least 3 years old but under the age of 18 years if: 7
(1) The vaccine is approved by the U.S. Food and Drug Administration; 8
(2) The vaccination is ordered and administered in accordance with the 9
Centers for Disease Control and Prevention’s Advisory Committee on Immunization 10
Practices immunization schedules; 11
(3) The pharmacist has completed a practical training program of at least 12
20 hours that is approved by the Accreditation Council for Pharmacy Education and 13
includes: 14
(i) Hands–on injection techniques; 15
(ii) Clinical evaluation of indications and contraindications of 16
vaccines; and 17
(iii) The recognition and treatment of emergency reactions to 18
vaccines; 19
(4) The pharmacist has a current certificate in basic cardiopulmonary 20
resuscitation; 21
(5) The pharmacist has completed a minimum of 2 hours of continuing 22
pharmaceutical education related to immunizations that is approved by the Accreditation 23
Council for Pharmacy Education as part of the license renewal requirements under § 24
12–309 of this title; 25
(6) The pharmacist complies with the record–keeping and reporting 26
requirements in subsection (a)(4) of this section and the corresponding regulations; and 27
(7) The pharmacist informs each child vaccination patient and adult 28
caregiver who is accompanying the child of the importance of well–child visits with a 29
pediatric primary care provider and refers the patient to a pediatric primary care provider 30
when appropriate.] 31
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 32
measure, is necessary for the immediate preservation of the public health or safety, has 33
been passed by a yea and nay vote supported by three–fifths of all the members elected to 34 HOUSE BILL 76 5
each of the two Houses of the General Assembly, and shall take effect from the date it is 1
enacted. 2