WES MOORE, Governor Ch. 231
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Chapter 231
(House Bill 76)
AN ACT concerning
Health Occupations – Pharmacists – Administration of Vaccines
FOR the purpose of authorizing a pharmacist to order and administer certain vaccinations
to individuals in certain age groups if certain requirements are met; altering the
vaccinations that a pharmacist can administer to individuals of at least a certain
age; altering the circumstances under which a pharmacist may administer certain
vaccinations; and generally relating to the administration of vaccinations by
pharmacists.
BY repealing and reenacting, with amendments,
Article – Health Occupations
Section 12–508
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Health Occupations
12–508.
(a) (1) [Subject to subsection (c) of this section, a pharmacist may administer
an influenza vaccination to an individual who is at least 9 years old, in accordance with
regulations adopted by the Board, in consultation with the Department.
(2)] Subject to [subsection (c) of this section] PARAGRAPH (3) (4) OF THIS
SUBSECTION , a pharmacist may ORDER AND administer a vaccination [that] TO AN
INDIVIDUAL WHO IS AT LEAST 5 3 YEARS OLD IF:
(I) 1. THE VACCINE is [listed in] RECOMMENDED BY the
Centers for Disease Control and Prevention’s [Recommended Immunization Schedule to an
individual who:
(i) Is at least 11 years old but under the age of 18 years; and
(ii) Has a prescription from an authorized prescriber] ADVISORY
COMMITTEE ON IMMUNIZATION PRACTICES; OR
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2. THE VACCINE IS APPROV ED OR AUTHORIZED BY THE
U.S. FOOD AND DRUG ADMINISTRATION THE VACCINE IS:
1. AN INFLUENZA VACCINE ;
2. A COVID–19 VACCINE; OR
3. USED IN RESPONSE TO A PUBLIC HEALTH
EMERGENCY ;
(II) THE PHARMACIST HAS CO MPLETED A PRACTICAL TRAINING
PROGRAM OF AT LEAST 20 HOURS THAT IS APPROV ED BY THE ACCREDITATION
COUNCIL FOR PHARMACY EDUCATION AND INCLUDE S:
1. HANDS–ON INJECTION TECHNIQ UES;
2. CLINICAL EVALUATION O F INDICATIONS AND
CONTRAINDICATIONS OF VACCINES; AND
3. THE RECOGNITION AND T REATMENT OF EMERGENC Y
REACTIONS TO VACCINE S;
(III) THE PHARMACIST HAS A CURRENT CERTIFICATE IN BASIC
CARDIOPULMONARY RESU SCITATION;
(IV) THE PHARMACIST HAS CO MPLETED A MINIMUM OF 2 HOURS
OF CONTINUING PHARMA CEUTICAL EDUCATION R ELATED TO IMMUNIZATI ONS THAT
IS APPROVED BY THE ACCREDITATION COUNCIL FOR PHARMACY EDUCATION AS
PART OF THE LICENSE RENEWAL REQUIREMENTS UNDER § 12–309 OF THIS TITLE;
(V) THE PHARMACIST COMPLI ES WITH THE RECORD –KEEPING
AND REPORTING REQUIR EMENTS IN PARAGRAPH (4) (5) OF THIS SUBSECTION A ND
ANY CORRESPONDING RE GULATIONS ADOPTED BY THE BOARD; AND
(VI) IF THE VACCINATION IS ADMINISTERED TO AN I NDIVIDUAL
UNDER THE AGE OF 18 YEARS, THE PHARMACIST INFOR MS THE CHILD VACCINA TION
PATIENT AND ADULT CA REGIVER WHO IS ACCOM PANYING THE CHILD OF THE
IMPORTANCE OF WELL –CHILD VISITS WITH A PEDIATRIC PRI MARY CARE PROVIDER
AND REFERS THE PATIE NT TO A PEDIATRIC PR IMARY CARE PROVIDER WHEN
APPROPRIATE .
(2) SUBJECT TO PARAGRAPH (4) OF THIS SUBSECTION , A
PHARMACIST WHO HAS M ET THE REQUIREMENT O F PARAGRAPH (1)(II) THROUGH WES MOORE, Governor Ch. 231
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(VI) OF THIS SUBSECTION MAY ADMINIST ER TO AN INDIVIDUAL WHO IS AT LEAST 7
YEARS OLD A VACCINAT ION THAT IS:
(I) RECOMMENDED BY THE CENTERS FOR DISEASE CONTROL
AND PREVENTION’S ADVISORY COMMITTEE ON IMMUNIZATION PRACTICES; OR
(II) APPROVED OR AUTHORIZE D BY THE U.S. FOOD AND DRUG
ADMINISTRATION .
[(3)] (2) [(i)] Subject to [subparagraph (ii) of this paragraph]
PARAGRAPH (3) (4) OF THIS SUBSECTION , a pharmacist WHO HAS MET THE
REQUIREMENT OF PARAG RAPH (1)(II), (III), AND (IV) OF THIS SUBSECTION may
administer to an adult a vaccination that is[:
1. Listed in the Centers for Disease Control and Prevention’s
Recommended Immunization Schedule; or
2. Recommended] RECOMMENDED in the Centers for
Disease Control and Prevention’s Health Information for International Travel.
[(ii)](3) (4) A pharmacist shall administer a vaccination under
[subparagraph (i)] PARAGRAPH (1) OR, (2), OR (3) of this [paragraph] SUBSECTION
under a written protocol that:
[1.] (I) Is vaccine specific; and
[2.] (II) Meets criteria established by the Department, in
consultation with the Board, the Board of Physicians, and the Board of Nursing, in
regulation.
(4) (5) A pharmacist shall:
(i) Report all vaccinations administered by the pharmacist to the
ImmuNet Program established under § 18–109 of the Health – General Article;
(ii) If the vaccination has been administered in accordance with a
prescription, document at least one effort to inform the individual’s authorized prescriber
that the vaccination has been administered; and
(iii) [For a vaccination administered under paragraph (2) or (3)]
EXCEPT FOR AN INFLUEN ZA VACCINATION ADMIN ISTERED UNDER PARAGR APH (1)
of this subsection, if the authorized prescriber is not the individual’s primary care provider
or if the vaccination has not been administered in accordance with a prescription, document
at least one effort to inform the individual’s primary care provider or other usual source of
care that the vaccination has been administered. Ch. 231 2024 LAWS OF MARYLAND
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(b) The Board shall:
(1) Set reasonable fees for the administration of vaccinations under this
section; and
(2) Adopt regulations that require a pharmacist to submit a registration
form to the Board that includes verification that the pharmacist:
(i) Has successfully completed a certification course approved by the
Board that included instruction in the guidelines and recommendations of the Centers for
Disease Control and Prevention regarding vaccinations; and
(ii) Is certified in basic cardiopulmonary resuscitation and obtained
the certification through in–person classroom instruction.
[(c) From July 1, 2021, to June 30, 2023, inclusive, a pharmacist may administer
a vaccine to an individual who is at least 3 years old but under the age of 18 years if:
(1) The vaccine is approved by the U.S. Food and Drug Administration;
(2) The vaccination is ordered and administered in accordance with the
Centers for Disease Control and Prevention’s Advisory Committee on Immunization
Practices immunization schedules;
(3) The pharmacist has completed a practical training program of at least
20 hours that is approved by the Accreditation Council for Pharmacy Education and
includes:
(i) Hands–on injection techniques;
(ii) Clinical evaluation of indications and contraindications of
vaccines; and
(iii) The recognition and treatment of emergency reactions to
vaccines;
(4) The pharmacist has a current certificate in basic cardiopulmonary
resuscitation;
(5) The pharmacist has completed a minimum of 2 hours of continuing
pharmaceutical education related to immunizations that is approved by the Accreditation
Council for Pharmacy Education as part of the license renewal requirements under §
12–309 of this title;
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(6) The pharmacist complies with the record–keeping and reporting
requirements in subsection (a)(4) of this section and the corresponding regulations; and
(7) The pharmacist informs each child vaccination patient and adult
caregiver who is accompanying the child of the importance of well–child visits with a
pediatric primary care provider and refers the patient to a pediatric primary care provider
when appropriate.]
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency
measure, is necessary for the immediate preservation of the public health or safety, has
been passed by a yea and nay vote supported by three–fifths of all the members elected to
each of the two Houses of the General Assembly, and shall take effect from the date it is
enacted.
Approved by the Governor, April 25, 2024.