MD
Maryland House Bill HB76

Maryland 2024 Regular Session

Maryland House Bill HB76 Compare Versions

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1- WES MOORE, Governor Ch. 231
21
3-– 1 –
4-Chapter 231
5-(House Bill 76)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb0076*
89
9-Health Occupations – Pharmacists – Administration of Vaccines
10+HOUSE BILL 76
11+J2 EMERGENCY BILL 4lr1232
12+ (PRE–FILED) CF SB 18
13+By: Delegate Lopez Delegates Lopez, Alston, Bagnall, Bhandari, Cullison,
14+Guzzone, Hill, S. Johnson, Kaiser, Kerr, R. Lewis, Martinez, Pena–Melnyk,
15+Rosenberg, Taveras, White Holland, and Woods
16+Requested: October 30, 2023
17+Introduced and read first time: January 10, 2024
18+Assigned to: Health and Government Operations
19+Committee Report: Favorable with amendments
20+House action: Adopted
21+Read second time: March 2, 2024
1022
11-FOR the purpose of authorizing a pharmacist to order and administer certain vaccinations
12-to individuals in certain age groups if certain requirements are met; altering the
13-vaccinations that a pharmacist can administer to individuals of at least a certain
14-age; altering the circumstances under which a pharmacist may administer certain
15-vaccinations; and generally relating to the administration of vaccinations by
16-pharmacists.
23+CHAPTER ______
1724
18-BY repealing and reenacting, with amendments,
19- Article – Health Occupations
20-Section 12–508
21- Annotated Code of Maryland
22- (2021 Replacement Volume and 2023 Supplement)
25+AN ACT concerning 1
2326
24- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
25-That the Laws of Maryland read as follows:
27+Health Occupations – Pharmacists – Administration of Vaccines 2
2628
27-Article – Health Occupations
29+FOR the purpose of authorizing a pharmacist to order and administer certain vaccinations 3
30+to individuals in certain age groups if certain requirements are met; altering the 4
31+vaccinations that a pharmacist can administer to individuals of at least a certain 5
32+age; altering the circumstances under which a pharmacist may administer certain 6
33+vaccinations; and generally relating to the administration of vaccinations by 7
34+pharmacists. 8
2835
29-12–508.
36+BY repealing and reenacting, with amendments, 9
37+ Article – Health Occupations 10
38+Section 12–508 11
39+ Annotated Code of Maryland 12
40+ (2021 Replacement Volume and 2023 Supplement) 13
3041
31- (a) (1) [Subject to subsection (c) of this section, a pharmacist may administer
32-an influenza vaccination to an individual who is at least 9 years old, in accordance with
33-regulations adopted by the Board, in consultation with the Department.
42+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
43+That the Laws of Maryland read as follows: 15
3444
35- (2)] Subject to [subsection (c) of this section] PARAGRAPH (3) (4) OF THIS
36-SUBSECTION , a pharmacist may ORDER AND administer a vaccination [that] TO AN
37-INDIVIDUAL WHO IS AT LEAST 5 3 YEARS OLD IF:
45+Article – Health Occupations 16
3846
39- (I) 1. THE VACCINE is [listed in] RECOMMENDED BY the
40-Centers for Disease Control and Prevention’s [Recommended Immunization Schedule to an
41-individual who:
47+12–508. 17
48+ 2 HOUSE BILL 76
4249
43- (i) Is at least 11 years old but under the age of 18 years; and
4450
45- (ii) Has a prescription from an authorized prescriber] ADVISORY
46-COMMITTEE ON IMMUNIZATION PRACTICES; OR
47- Ch. 231 2024 LAWS OF MARYLAND
51+ (a) (1) [Subject to subsection (c) of this section, a pharmacist may administer 1
52+an influenza vaccination to an individual who is at least 9 years old, in accordance with 2
53+regulations adopted by the Board, in consultation with the Department. 3
4854
49-– 2 –
50- 2. THE VACCINE IS APPROV ED OR AUTHORIZED BY THE
51-U.S. FOOD AND DRUG ADMINISTRATION THE VACCINE IS:
55+ (2)] Subject to [subsection (c) of this section] PARAGRAPH (3) (4) OF THIS 4
56+SUBSECTION , a pharmacist may ORDER AND administer a vaccination [that] TO AN 5
57+INDIVIDUAL WHO IS AT LEAST 5 3 YEARS OLD IF: 6
5258
53- 1. AN INFLUENZA VACCINE ;
59+ (I) 1. THE VACCINE is [listed in] RECOMMENDED BY the 7
60+Centers for Disease Control and Prevention’s [Recommended Immunization Schedule to an 8
61+individual who: 9
5462
55- 2. A COVID–19 VACCINE; OR
63+ (i) Is at least 11 years old but under the age of 18 years; and 10
5664
57- 3. USED IN RESPONSE TO A PUBLIC HEALTH
58-EMERGENCY ;
65+ (ii) Has a prescription from an authorized prescriber] ADVISORY 11
66+COMMITTEE ON IMMUNIZATION PRACTICES; OR 12
5967
60- (II) THE PHARMACIST HAS CO MPLETED A PRACTICAL TRAINING
61-PROGRAM OF AT LEAST 20 HOURS THAT IS APPROV ED BY THE ACCREDITATION
62-COUNCIL FOR PHARMACY EDUCATION AND INCLUDE S:
68+ 2. THE VACCINE IS APPROV ED OR AUTHORIZED BY THE 13
69+U.S. FOOD AND DRUG ADMINISTRAT ION THE VACCINE IS: 14
6370
64- 1. HANDS–ON INJECTION TECHNIQ UES;
71+ 1. AN INFLUENZA VACCINE ; 15
6572
66- 2. CLINICAL EVALUATION O F INDICATIONS AND
67-CONTRAINDICATIONS OF VACCINES; AND
73+ 2. A COVID–19 VACCINE; OR 16
6874
69- 3. THE RECOGNITION AND T REATMENT OF EMERGENC Y
70-REACTIONS TO VACCINE S;
75+ 3. USED IN RESPONSE TO A PUBLIC HEALTH 17
76+EMERGENCY ; 18
7177
72- (III) THE PHARMACIST HAS A CURRENT CERTIFICATE IN BASIC
73-CARDIOPULMONARY RESU SCITATION;
78+ (II) THE PHARMACIST HAS CO MPLETED A PRACTICAL TRAINING 19
79+PROGRAM OF AT LEAST 20 HOURS THAT IS APPROV ED BY THE ACCREDITATION 20
80+COUNCIL FOR PHARMACY EDUCATION AND INCLUDE S: 21
7481
75- (IV) THE PHARMACIST HAS CO MPLETED A MINIMUM OF 2 HOURS
76-OF CONTINUING PHARMA CEUTICAL EDUCATION R ELATED TO IMMUNIZATI ONS THAT
77-IS APPROVED BY THE ACCREDITATION COUNCIL FOR PHARMACY EDUCATION AS
78-PART OF THE LICENSE RENEWAL REQUIREMENTS UNDER § 12–309 OF THIS TITLE;
82+ 1. HANDS–ON INJECTION TECHNIQ UES; 22
7983
80- (V) THE PHARMACIST COMPLI ES WITH THE RECORD –KEEPING
81-AND REPORTING REQUIR EMENTS IN PARAGRAPH (4) (5) OF THIS SUBSECTION A ND
82-ANY CORRESPONDING RE GULATIONS ADOPTED BY THE BOARD; AND
84+ 2. CLINICAL EVALUATION O F INDICATIONS AND 23
85+CONTRAINDICATIONS OF VACCINES; AND 24
8386
84- (VI) IF THE VACCINATION IS ADMINISTERED TO AN I NDIVIDUAL
85-UNDER THE AGE OF 18 YEARS, THE PHARMACIST INFOR MS THE CHILD VACCINA TION
86-PATIENT AND ADULT CA REGIVER WHO IS ACCOM PANYING THE CHILD OF THE
87-IMPORTANCE OF WELL –CHILD VISITS WITH A PEDIATRIC PRI MARY CARE PROVIDER
88-AND REFERS THE PATIE NT TO A PEDIATRIC PR IMARY CARE PROVIDER WHEN
89-APPROPRIATE .
87+ 3. THE RECOGNITION AND T REATMENT OF EMERGENC Y 25
88+REACTIONS TO VACCINE S; 26
9089
91- (2) SUBJECT TO PARAGRAPH (4) OF THIS SUBSECTION , A
92-PHARMACIST WHO HAS M ET THE REQUIREMENT O F PARAGRAPH (1)(II) THROUGH WES MOORE, Governor Ch. 231
90+ (III) THE PHARMACIST HAS A CURRENT CERTIFICATE IN BASIC 27
91+CARDIOPULMONARY RESU SCITATION; 28
9392
94-– 3 –
95-(VI) OF THIS SUBSECTION MAY ADMINIST ER TO AN INDIVIDUAL WHO IS AT LEAST 7
96-YEARS OLD A VACCINAT ION THAT IS:
93+ (IV) THE PHARMACIST HAS CO MPLETED A MINIMUM OF 2 HOURS 29
94+OF CONTINUING PHARMA CEUTICAL EDUCATION R ELATED TO IMMUNIZATI ONS THAT 30 HOUSE BILL 76 3
9795
98- (I) RECOMMENDED BY THE CENTERS FOR DISEASE CONTROL
99-AND PREVENTION’S ADVISORY COMMITTEE ON IMMUNIZATION PRACTICES; OR
10096
101- (II) APPROVED OR AUTHORIZE D BY THE U.S. FOOD AND DRUG
102-ADMINISTRATION .
97+IS APPROVED BY THE ACCREDITATION COUNCIL FOR PHARMACY EDUCATION AS 1
98+PART OF THE LICENSE RENEWAL REQUIREMENTS UNDER § 12–309 OF THIS TITLE; 2
10399
104- [(3)] (2) [(i)] Subject to [subparagraph (ii) of this paragraph]
105-PARAGRAPH (3) (4) OF THIS SUBSECTION , a pharmacist WHO HAS MET THE
106-REQUIREMENT OF PARAG RAPH (1)(II), (III), AND (IV) OF THIS SUBSECTION may
107-administer to an adult a vaccination that is[:
100+ (V) THE PHARMACIST COMPLI ES WITH THE RECORD –KEEPING 3
101+AND REPORTING REQUIR EMENTS IN PARAGRAPH (4) (5) OF THIS SUBSECTION A ND 4
102+ANY CORRESPONDING REGULATIONS ADOPTED BY THE BOARD; AND 5
108103
109- 1. Listed in the Centers for Disease Control and Prevention’s
110-Recommended Immunization Schedule; or
104+ (VI) IF THE VACCINATION IS ADMINISTERED TO AN I NDIVIDUAL 6
105+UNDER THE AGE OF 18 YEARS, THE PHARMACIST INFOR MS THE CHILD VACCINA TION 7
106+PATIENT AND ADULT CA REGIVER WHO IS ACCOM PANYING THE CHILD OF THE 8
107+IMPORTANCE OF WELL –CHILD VISITS WITH A P EDIATRIC PRIMARY CAR E PROVIDER 9
108+AND REFERS THE PATIE NT TO A PEDIATRIC PR IMARY CARE PROVIDER WHEN 10
109+APPROPRIATE . 11
111110
112- 2. Recommended] RECOMMENDED in the Centers for
113-Disease Control and Prevention’s Health Information for International Travel.
111+ (2) SUBJECT TO PARAGRAPH (4) OF THIS SUBSECTION , A 12
112+PHARMACIST WHO HAS M ET THE REQUIREMENT O F PARAGRAPH (1)(II) THROUGH 13
113+(VI) OF THIS SUBSECTION M AY ADMINISTER TO AN INDIVIDUAL WHO IS AT LEAST 7 14
114+YEARS OLD A VACCINAT ION THAT IS: 15
114115
115- [(ii)](3) (4) A pharmacist shall administer a vaccination under
116-[subparagraph (i)] PARAGRAPH (1) OR, (2), OR (3) of this [paragraph] SUBSECTION
117-under a written protocol that:
116+ (I) RECOMMENDED BY THE CENTERS FOR DISEASE CONTROL 16
117+AND PREVENTION’S ADVISORY COMMITTEE ON IMMUNIZATION PRACTICES; OR 17
118118
119- [1.] (I) Is vaccine specific; and
119+ (II) APPROVED OR AUTHORIZE D BY THE U.S. FOOD AND DRUG 18
120+ADMINISTRATION . 19
120121
121- [2.] (II) Meets criteria established by the Department, in
122-consultation with the Board, the Board of Physicians, and the Board of Nursing, in
123-regulation.
122+ [(3)] (2) [(i)] Subject to [subparagraph (ii) of this paragraph] 20
123+PARAGRAPH (3) (4) OF THIS SUBSECTION , a pharmacist WHO HAS MET THE 21
124+REQUIREMENT OF PARAG RAPH (1)(II), (III), AND (IV) OF THIS SUBSECTION may 22
125+administer to an adult a vaccination that is[: 23
124126
125- (4) (5) A pharmacist shall:
127+ 1. Listed in the Centers for Disease Control and Prevention’s 24
128+Recommended Immunization Schedule; or 25
126129
127- (i) Report all vaccinations administered by the pharmacist to the
128-ImmuNet Program established under § 18–109 of the Health – General Article;
130+ 2. Recommended] RECOMMENDED in the Centers for 26
131+Disease Control and Prevention’s Health Information for International Travel. 27
129132
130- (ii) If the vaccination has been administered in accordance with a
131-prescription, document at least one effort to inform the individual’s authorized prescriber
132-that the vaccination has been administered; and
133+ [(ii)](3) (4) A pharmacist shall administer a vaccination under 28
134+[subparagraph (i)] PARAGRAPH (1) OR, (2), OR (3) of this [paragraph] SUBSECTION 29
135+under a written protocol that: 30
133136
134- (iii) [For a vaccination administered under paragraph (2) or (3)]
135-EXCEPT FOR AN INFLUEN ZA VACCINATION ADMIN ISTERED UNDER PARAGR APH (1)
136-of this subsection, if the authorized prescriber is not the individual’s primary care provider
137-or if the vaccination has not been administered in accordance with a prescription, document
138-at least one effort to inform the individual’s primary care provider or other usual source of
139-care that the vaccination has been administered. Ch. 231 2024 LAWS OF MARYLAND
137+ [1.] (I) Is vaccine specific; and 31
140138
141-– 4 –
139+ [2.] (II) Meets criteria established by the Department, in 32
140+consultation with the Board, the Board of Physicians, and the Board of Nursing, in 33
141+regulation. 34 4 HOUSE BILL 76
142142
143- (b) The Board shall:
144143
145- (1) Set reasonable fees for the administration of vaccinations under this
146-section; and
147144
148- (2) Adopt regulations that require a pharmacist to submit a registration
149-form to the Board that includes verification that the pharmacist:
145+ (4) (5) A pharmacist shall: 1
150146
151- (i) Has successfully completed a certification course approved by the
152-Board that included instruction in the guidelines and recommendations of the Centers for
153-Disease Control and Prevention regarding vaccinations; and
147+ (i) Report all vaccinations administered by the pharmacist to the 2
148+ImmuNet Program established under § 18–109 of the Health – General Article; 3
154149
155- (ii) Is certified in basic cardiopulmonary resuscitation and obtained
156-the certification through in–person classroom instruction.
150+ (ii) If the vaccination has been administered in accordance with a 4
151+prescription, document at least one effort to inform the individual’s authorized prescriber 5
152+that the vaccination has been administered; and 6
157153
158- [(c) From July 1, 2021, to June 30, 2023, inclusive, a pharmacist may administer
159-a vaccine to an individual who is at least 3 years old but under the age of 18 years if:
154+ (iii) [For a vaccination administered under paragraph (2) or (3)] 7
155+EXCEPT FOR AN INFLUEN ZA VACCINATION ADMIN ISTERED UNDER PARAGR APH (1) 8
156+of this subsection, if the authorized prescriber is not the individual’s primary care provider 9
157+or if the vaccination has not been administered in accordance with a prescription, document 10
158+at least one effort to inform the individual’s primary care provider or other usual source of 11
159+care that the vaccination has been administered. 12
160160
161- (1) The vaccine is approved by the U.S. Food and Drug Administration;
161+ (b) The Board shall: 13
162162
163- (2) The vaccination is ordered and administered in accordance with the
164-Centers for Disease Control and Prevention’s Advisory Committee on Immunization
165-Practices immunization schedules;
163+ (1) Set reasonable fees for the administration of vaccinations under this 14
164+section; and 15
166165
167- (3) The pharmacist has completed a practical training program of at least
168-20 hours that is approved by the Accreditation Council for Pharmacy Education and
169-includes:
166+ (2) Adopt regulations that require a pharmacist to submit a registration 16
167+form to the Board that includes verification that the pharmacist: 17
170168
171- (i) Hands–on injection techniques;
169+ (i) Has successfully completed a certification course approved by the 18
170+Board that included instruction in the guidelines and recommendations of the Centers for 19
171+Disease Control and Prevention regarding vaccinations; and 20
172172
173- (ii) Clinical evaluation of indications and contraindications of
174-vaccines; and
173+ (ii) Is certified in basic cardiopulmonary resuscitation and obtained 21
174+the certification through in–person classroom instruction. 22
175175
176- (iii) The recognition and treatment of emergency reactions to
177-vaccines;
176+ [(c) From July 1, 2021, to June 30, 2023, inclusive, a pharmacist may administer 23
177+a vaccine to an individual who is at least 3 years old but under the age of 18 years if: 24
178178
179- (4) The pharmacist has a current certificate in basic cardiopulmonary
180-resuscitation;
179+ (1) The vaccine is approved by the U.S. Food and Drug Administration; 25
181180
182- (5) The pharmacist has completed a minimum of 2 hours of continuing
183-pharmaceutical education related to immunizations that is approved by the Accreditation
184-Council for Pharmacy Education as part of the license renewal requirements under §
185-12–309 of this title;
186- WES MOORE, Governor Ch. 231
181+ (2) The vaccination is ordered and administered in accordance with the 26
182+Centers for Disease Control and Prevention’s Advisory Committee on Immunization 27
183+Practices immunization schedules; 28
187184
188-– 5 –
189- (6) The pharmacist complies with the record–keeping and reporting
190-requirements in subsection (a)(4) of this section and the corresponding regulations; and
185+ (3) The pharmacist has completed a practical training program of at least 29
186+20 hours that is approved by the Accreditation Council for Pharmacy Education and 30
187+includes: 31
191188
192- (7) The pharmacist informs each child vaccination patient and adult
193-caregiver who is accompanying the child of the importance of well–child visits with a
194-pediatric primary care provider and refers the patient to a pediatric primary care provider
195-when appropriate.]
189+ (i) Hands–on injection techniques; 32
190+ HOUSE BILL 76 5
196191
197- SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency
198-measure, is necessary for the immediate preservation of the public health or safety, has
199-been passed by a yea and nay vote supported by three–fifths of all the members elected to
200-each of the two Houses of the General Assembly, and shall take effect from the date it is
201-enacted.
202192
203-Approved by the Governor, April 25, 2024.
193+ (ii) Clinical evaluation of indications and contraindications of 1
194+vaccines; and 2
195+
196+ (iii) The recognition and treatment of emergency reactions to 3
197+vaccines; 4
198+
199+ (4) The pharmacist has a current certificate in basic cardiopulmonary 5
200+resuscitation; 6
201+
202+ (5) The pharmacist has completed a minimum of 2 hours of continuing 7
203+pharmaceutical education related to immunizations that is approved by the Accreditation 8
204+Council for Pharmacy Education as part of the license renewal requirements under § 9
205+12–309 of this title; 10
206+
207+ (6) The pharmacist complies with the record–keeping and reporting 11
208+requirements in subsection (a)(4) of this section and the corresponding regulations; and 12
209+
210+ (7) The pharmacist informs each child vaccination patient and adult 13
211+caregiver who is accompanying the child of the importance of well–child visits with a 14
212+pediatric primary care provider and refers the patient to a pediatric primary care provider 15
213+when appropriate.] 16
214+
215+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 17
216+measure, is necessary for the immediate preservation of the public health or safety, has 18
217+been passed by a yea and nay vote supported by three–fifths of all the members elected to 19
218+each of the two Houses of the General Assembly, and shall take effect from the date it is 20
219+enacted. 21
220+
221+
222+
223+
224+Approved:
225+________________________________________________________________________________
226+ Governor.
227+________________________________________________________________________________
228+ Speaker of the House of Delegates.
229+________________________________________________________________________________
230+ President of the Senate.