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.
*hb0076*
HOUSE BILL 76
J2 EMERGENCY BILL 4lr1232
(PRE–FILED) CF SB 18
By: Delegate Lopez Delegates Lopez, Alston, Bagnall, Bhandari, Cullison,
Guzzone, Hill, S. Johnson, Kaiser, Kerr, R. Lewis, Martinez, Pena–Melnyk,
Rosenberg, Taveras, White Holland, and Woods
Requested: October 30, 2023
Introduced and read first time: January 10, 2024
Assigned to: Health and Government Operations
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 2, 2024
CHAPTER ______
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
2 HOUSE BILL 76
(a) (1) [Subject to subsection (c) of this section, a pharmacist may administer 1
an influenza vaccination to an individual who is at least 9 years old, in accordance with 2
regulations adopted by the Board, in consultation with the Department. 3
(2)] Subject to [subsection (c) of this section] PARAGRAPH (3) (4) OF THIS 4
SUBSECTION , a pharmacist may ORDER AND administer a vaccination [that] TO AN 5
INDIVIDUAL WHO IS AT LEAST 5 3 YEARS OLD IF: 6
(I) 1. THE VACCINE is [listed in] RECOMMENDED BY the 7
Centers for Disease Control and Prevention’s [Recommended Immunization Schedule to an 8
individual who: 9
(i) Is at least 11 years old but under the age of 18 years; and 10
(ii) Has a prescription from an authorized prescriber] ADVISORY 11
COMMITTEE ON IMMUNIZATION PRACTICES; OR 12
2. THE VACCINE IS APPROV ED OR AUTHORIZED BY THE 13
U.S. FOOD AND DRUG ADMINISTRAT ION THE VACCINE IS: 14
1. AN INFLUENZA VACCINE ; 15
2. A COVID–19 VACCINE; OR 16
3. USED IN RESPONSE TO A PUBLIC HEALTH 17
EMERGENCY ; 18
(II) THE PHARMACIST HAS CO MPLETED A PRACTICAL TRAINING 19
PROGRAM OF AT LEAST 20 HOURS THAT IS APPROV ED BY THE ACCREDITATION 20
COUNCIL FOR PHARMACY EDUCATION AND INCLUDE S: 21
1. HANDS–ON INJECTION TECHNIQ UES; 22
2. CLINICAL EVALUATION O F INDICATIONS AND 23
CONTRAINDICATIONS OF VACCINES; AND 24
3. THE RECOGNITION AND T REATMENT OF EMERGENC Y 25
REACTIONS TO VACCINE S; 26
(III) THE PHARMACIST HAS A CURRENT CERTIFICATE IN BASIC 27
CARDIOPULMONARY RESU SCITATION; 28
(IV) THE PHARMACIST HAS CO MPLETED A MINIMUM OF 2 HOURS 29
OF CONTINUING PHARMA CEUTICAL EDUCATION R ELATED TO IMMUNIZATI ONS THAT 30 HOUSE BILL 76 3
IS APPROVED BY THE ACCREDITATION COUNCIL FOR PHARMACY EDUCATION AS 1
PART OF THE LICENSE RENEWAL REQUIREMENTS UNDER § 12–309 OF THIS TITLE; 2
(V) THE PHARMACIST COMPLI ES WITH THE RECORD –KEEPING 3
AND REPORTING REQUIR EMENTS IN PARAGRAPH (4) (5) OF THIS SUBSECTION A ND 4
ANY CORRESPONDING REGULATIONS ADOPTED BY THE BOARD; AND 5
(VI) IF THE VACCINATION IS ADMINISTERED TO AN I NDIVIDUAL 6
UNDER THE AGE OF 18 YEARS, THE PHARMACIST INFOR MS THE CHILD VACCINA TION 7
PATIENT AND ADULT CA REGIVER WHO IS ACCOM PANYING THE CHILD OF THE 8
IMPORTANCE OF WELL –CHILD VISITS WITH A P EDIATRIC PRIMARY CAR E PROVIDER 9
AND REFERS THE PATIE NT TO A PEDIATRIC PR IMARY CARE PROVIDER WHEN 10
APPROPRIATE . 11
(2) SUBJECT TO PARAGRAPH (4) OF THIS SUBSECTION , A 12
PHARMACIST WHO HAS M ET THE REQUIREMENT O F PARAGRAPH (1)(II) THROUGH 13
(VI) OF THIS SUBSECTION M AY ADMINISTER TO AN INDIVIDUAL WHO IS AT LEAST 7 14
YEARS OLD A VACCINAT ION THAT IS: 15
(I) RECOMMENDED BY THE CENTERS FOR DISEASE CONTROL 16
AND PREVENTION’S ADVISORY COMMITTEE ON IMMUNIZATION PRACTICES; OR 17
(II) APPROVED OR AUTHORIZE D BY THE U.S. FOOD AND DRUG 18
ADMINISTRATION . 19
[(3)] (2) [(i)] Subject to [subparagraph (ii) of this paragraph] 20
PARAGRAPH (3) (4) OF THIS SUBSECTION , a pharmacist WHO HAS MET THE 21
REQUIREMENT OF PARAG RAPH (1)(II), (III), AND (IV) OF THIS SUBSECTION may 22
administer to an adult a vaccination that is[: 23
1. Listed in the Centers for Disease Control and Prevention’s 24
Recommended Immunization Schedule; or 25
2. Recommended] RECOMMENDED in the Centers for 26
Disease Control and Prevention’s Health Information for International Travel. 27
[(ii)](3) (4) A pharmacist shall administer a vaccination under 28
[subparagraph (i)] PARAGRAPH (1) OR, (2), OR (3) of this [paragraph] SUBSECTION 29
under a written protocol that: 30
[1.] (I) Is vaccine specific; and 31
[2.] (II) Meets criteria established by the Department, in 32
consultation with the Board, the Board of Physicians, and the Board of Nursing, in 33
regulation. 34 4 HOUSE BILL 76
(4) (5) A pharmacist shall: 1
(i) Report all vaccinations administered by the pharmacist to the 2
ImmuNet Program established under § 18–109 of the Health – General Article; 3
(ii) If the vaccination has been administered in accordance with a 4
prescription, document at least one effort to inform the individual’s authorized prescriber 5
that the vaccination has been administered; and 6
(iii) [For a vaccination administered under paragraph (2) or (3)] 7
EXCEPT FOR AN INFLUEN ZA VACCINATION ADMIN ISTERED UNDER PARAGR APH (1) 8
of this subsection, if the authorized prescriber is not the individual’s primary care provider 9
or if the vaccination has not been administered in accordance with a prescription, document 10
at least one effort to inform the individual’s primary care provider or other usual source of 11
care that the vaccination has been administered. 12
(b) The Board shall: 13
(1) Set reasonable fees for the administration of vaccinations under this 14
section; and 15
(2) Adopt regulations that require a pharmacist to submit a registration 16
form to the Board that includes verification that the pharmacist: 17
(i) Has successfully completed a certification course approved by the 18
Board that included instruction in the guidelines and recommendations of the Centers for 19
Disease Control and Prevention regarding vaccinations; and 20
(ii) Is certified in basic cardiopulmonary resuscitation and obtained 21
the certification through in–person classroom instruction. 22
[(c) From July 1, 2021, to June 30, 2023, inclusive, a pharmacist may administer 23
a vaccine to an individual who is at least 3 years old but under the age of 18 years if: 24
(1) The vaccine is approved by the U.S. Food and Drug Administration; 25
(2) The vaccination is ordered and administered in accordance with the 26
Centers for Disease Control and Prevention’s Advisory Committee on Immunization 27
Practices immunization schedules; 28
(3) The pharmacist has completed a practical training program of at least 29
20 hours that is approved by the Accreditation Council for Pharmacy Education and 30
includes: 31
(i) Hands–on injection techniques; 32
HOUSE BILL 76 5
(ii) Clinical evaluation of indications and contraindications of 1
vaccines; and 2
(iii) The recognition and treatment of emergency reactions to 3
vaccines; 4
(4) The pharmacist has a current certificate in basic cardiopulmonary 5
resuscitation; 6
(5) The pharmacist has completed a minimum of 2 hours of continuing 7
pharmaceutical education related to immunizations that is approved by the Accreditation 8
Council for Pharmacy Education as part of the license renewal requirements under § 9
12–309 of this title; 10
(6) The pharmacist complies with the record–keeping and reporting 11
requirements in subsection (a)(4) of this section and the corresponding regulations; and 12
(7) The pharmacist informs each child vaccination patient and adult 13
caregiver who is accompanying the child of the importance of well–child visits with a 14
pediatric primary care provider and refers the patient to a pediatric primary care provider 15
when appropriate.] 16
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 17
measure, is necessary for the immediate preservation of the public health or safety, has 18
been passed by a yea and nay vote supported by three–fifths of all the members elected to 19
each of the two Houses of the General Assembly, and shall take effect from the date it is 20
enacted. 21
Approved:
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Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.