MD
Maryland Senate Bill SB18

Maryland 2024 Regular Session

Maryland Senate Bill SB18 Compare Versions

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1- WES MOORE, Governor Ch. 232
21
3-– 1 –
4-Chapter 232
5-(Senate Bill 18)
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+ *sb0018*
89
9-Health Occupations – Pharmacists – Administration of Vaccines
10+SENATE BILL 18
11+J2 EMERGENCY BILL 4lr1233
12+ (PRE–FILED) CF HB 76
13+By: Senators Augustine and Lam
14+Requested: October 30, 2023
15+Introduced and read first time: January 10, 2024
16+Assigned to: Finance
17+Committee Report: Favorable with amendments
18+Senate action: Adopted
19+Read second time: February 26, 2024
1020
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.
21+CHAPTER ______
1722
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)
23+AN ACT concerning 1
2324
24- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
25-That the Laws of Maryland read as follows:
25+Health Occupations – Pharmacists – Administration of Vaccines 2
2626
27-Article – Health Occupations
27+FOR the purpose of authorizing a pharmacist to order and administer certain vaccinations 3
28+to individuals in certain age groups if certain requirements are met; altering the 4
29+vaccinations that a pharmacist can administer to individuals of at least a certain 5
30+age; altering the circumstances under which a pharmacist may administer certain 6
31+vaccinations; and generally relating to the administration of vaccinations by 7
32+pharmacists. 8
2833
29-12–508.
34+BY repealing and reenacting, with amendments, 9
35+ Article – Health Occupations 10
36+Section 12–508 11
37+ Annotated Code of Maryland 12
38+ (2021 Replacement Volume and 2023 Supplement) 13
3039
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.
40+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
41+That the Laws of Maryland read as follows: 15
3442
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:
43+Article – Health Occupations 16
3844
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:
45+12–508. 17
4246
43- (i) Is at least 11 years old but under the age of 18 years; and
47+ (a) (1) [Subject to subsection (c) of this section, a pharmacist may administer 18
48+an influenza vaccination to an individual who is at least 9 years old, in accordance with 19 2 SENATE BILL 18
4449
45- (ii) Has a prescription from an authorized prescriber] ADVISORY
46-COMMITTEE ON IMMUNIZATION PRACTICES; OR
47- Ch. 232 2024 LAWS OF MARYLAND
4850
49-– 2 –
50- 2. THE VACCINE IS APPROV ED OR AUTHORIZED BY THE
51-U.S. FOOD AND DRUG ADMINISTRATION THE VACCINE IS:
51+regulations adopted by the Board, in consultation with the Department. 1
5252
53- 1. AN INFLUENZA VACCINE ;
53+ (2)] Subject to [subsection (c) of this section] PARAGRAPH (3) (4) OF THIS 2
54+SUBSECTION , a pharmacist may ORDER AND administer a vaccination [that] TO AN 3
55+INDIVIDUAL WHO IS AT LEAST 5 3 YEARS OLD IF: 4
5456
55- 2. A COVID–19 VACCINE; OR
57+ (I) 1. THE VACCINE is [listed in] RECOMMENDED BY the 5
58+Centers for Disease Control and Prevention’s [Recommended Immunization Schedule to an 6
59+individual who: 7
5660
57- 3. USED IN RESPONSE TO A PUBLIC HEALTH
58-EMERGENCY ;
61+ (i) Is at least 11 years old but under the age of 18 years; and 8
5962
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:
63+ (ii) Has a prescription from an authorized prescriber] ADVISORY 9
64+COMMITTEE ON IMMUNIZATION PRACTICES; OR 10
6365
64- 1. HANDS–ON INJECTION TECHNIQ UES;
66+ 2. THE VACCINE IS APPROVED OR AUTHORIZ ED BY THE 11
67+U.S. FOOD AND DRUG ADMINISTRATION THE VACCINE IS: 12
6568
66- 2. CLINICAL EVALUATION O F INDICATIONS AND
67-CONTRAINDICATIONS OF VACCINES; AND
69+ 1. AN INFLUENZA VACCINE ; 13
6870
69- 3. THE RECOGNITION AND T REATMENT OF EMERGENC Y
70-REACTIONS TO VACCINE S;
71+ 2. A COVID–19 VACCINE; OR 14
7172
72- (III) THE PHARMACIST HAS A CURRENT CERTIFICATE IN BASIC
73-CARDIOPULMONARY RESU SCITATION;
73+ 3. USED IN RESPONSE TO A PUBLIC HEALTH 15
74+EMERGENCY ; 16
7475
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;
76+ (II) THE PHARMACIST HAS CO MPLETED A PRACTICAL TRAINING 17
77+PROGRAM OF AT LEAST 20 HOURS THAT IS APPROV ED BY THE ACCREDITATION 18
78+COUNCIL FOR PHARMACY EDUCATION AND INCLUDE S: 19
7979
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
80+ 1. HANDS–ON INJECTION TECHNIQ UES; 20
8381
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 .
82+ 2. CLINICAL EVALUATION O F INDICATIONS AND 21
83+CONTRAINDICATIONS OF VACCINES; AND 22
9084
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. 232
85+ 3. THE RECOGNITION AND TREATMENT OF EME RGENCY 23
86+REACTIONS TO VACCINE S; 24
9387
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:
88+ (III) THE PHARMACIST HAS A CURRENT CERTIFICATE IN BASIC 25
89+CARDIOPULMONARY RESU SCITATION; 26
9790
98- (I) RECOMMENDED BY THE CENTERS FOR DISEASE CONTROL
99-AND PREVENTION’S ADVISORY COMMITTEE ON IMMUNIZATION PRACTICES; OR
91+ (IV) THE PHARMACIST HAS CO MPLETED A MINIMUM OF 2 HOURS 27
92+OF CONTINUING PHARMA CEUTICAL EDUCATION R ELATED TO IMMUN IZATIONS THAT 28
93+IS APPROVED BY THE ACCREDITATION COUNCIL FOR PHARMACY EDUCATION AS 29
94+PART OF THE LICENSE RENEWAL REQUIREMENTS UNDER § 12–309 OF THIS TITLE; 30
95+ SENATE BILL 18 3
10096
101- (II) APPROVED OR AUTHORIZE D BY THE U.S. FOOD AND DRUG
102-ADMINISTRATION .
10397
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[:
98+ (V) THE PHARMACIST COMPLI ES WITH THE RECORD –KEEPING 1
99+AND REPORTING REQUIR EMENTS IN PARAGRAPH (4) (5) OF THIS SUBSECTION A ND 2
100+ANY CORRESPONDING RE GULATIONS ADOPTED BY THE BOARD; AND 3
108101
109- 1. Listed in the Centers for Disease Control and Prevention’s
110-Recommended Immunization Schedule; or
102+ (VI) IF THE VACCINATION IS ADMINISTERED TO AN I NDIVIDUAL 4
103+UNDER THE AGE OF 18 YEARS, THE PHARMACIST INFOR MS THE CHILD VACCINA TION 5
104+PATIENT AND ADULT CA REGIVER WHO IS ACCOM PANYING THE CHILD OF THE 6
105+IMPORTANCE OF WELL –CHILD VISITS WITH A PEDIATRIC PRIMARY CA RE PROVIDER 7
106+AND REFERS THE PATIE NT TO A PEDIATRIC PR IMARY CARE PROVIDER WHEN 8
107+APPROPRIATE . 9
111108
112- 2. Recommended] RECOMMENDED in the Centers for
113-Disease Control and Prevention’s Health Information for International Travel.
109+ (2) SUBJECT TO PARAGRAPH (4) OF THIS SUBSECTION , A 10
110+PHARMACIST WHO HAS M ET THE REQUI REMENT OF PARAGRAPH (1)(II) THROUGH 11
111+(VI) OF THIS SUBSECTION M AY ADMINISTER TO AN INDIVIDUAL WHO IS AT LEAST 7 12
112+YEARS OLD A VACCINAT ION THAT IS: 13
114113
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:
114+ (I) RECOMMENDED BY THE CENTERS FOR DISEASE CONTROL 14
115+AND PREVENTION’S ADVISORY COMMITTEE ON IMMUNIZATION PRACTICES; OR 15
118116
119- [1.] (I) Is vaccine specific; and
117+ (II) APPROVED OR AUTHORIZE D BY THE U.S. FOOD AND DRUG 16
118+ADMINISTRATION . 17
120119
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.
120+ [(3)] (2) [(i)] Subject to [subparagraph (ii) of this paragraph] 18
121+PARAGRAPH (3) (4) OF THIS SUBSECTION , a pharmacist WHO HAS MET THE 19
122+REQUIREMENT OF PARAG RAPH (1)(II), (III), AND (IV) OF THIS SUBSECTION may 20
123+administer to an adult a vaccination that is[: 21
124124
125- (4) (5) A pharmacist shall:
125+ 1. Listed in the Centers for Disease Control and Prevention’s 22
126+Recommended Immunization Schedule; or 23
126127
127- (i) Report all vaccinations administered by the pharmacist to the
128-ImmuNet Program established under § 18–109 of the Health – General Article;
128+ 2. Recommended] RECOMMENDED in the Centers for 24
129+Disease Control and Prevention’s Health Information for International Travel. 25
129130
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
131+ [(ii)] (3) (4) A pharmacist shall administer a vaccination under 26
132+[subparagraph (i)] PARAGRAPH (1) OR, (2), OR (3) of this [paragraph] SUBSECTION 27
133+under a written protocol that: 28
133134
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. 232 2024 LAWS OF MARYLAND
135+ [1.] (I) Is vaccine specific; and 29
140136
141-– 4 –
137+ [2.] (II) Meets criteria established by the Department, in 30
138+consultation with the Board, the Board of Physicians, and the Board of Nursing, in 31
139+regulation. 32
142140
143- (b) The Board shall:
141+ (4) (5) A pharmacist shall: 33
142+ 4 SENATE BILL 18
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+ (i) Report all vaccinations administered by the pharmacist to the 1
146+ImmuNet Program established under § 18–109 of the Health – General Article; 2
150147
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
148+ (ii) If the vaccination has been administered in accordance with a 3
149+prescription, document at least one effort to inform the individual’s authorized prescriber 4
150+that the vaccination has been administered; and 5
154151
155- (ii) Is certified in basic cardiopulmonary resuscitation and obtained
156-the certification through in–person classroom instruction.
152+ (iii) [For a vaccination administered under paragraph (2) or (3)] 6
153+EXCEPT FOR AN INFLUEN ZA VACCINATION ADMIN ISTERED UNDER PARAGR APH (1) 7
154+of this subsection, if the authorized prescriber is not the individual’s primary care provider 8
155+or if the vaccination has not been administered in accordance with a prescription, document 9
156+at least one effort to inform the individual’s primary care provider or other usual source of 10
157+care that the vaccination has been administered. 11
157158
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:
159+ (b) The Board shall: 12
160160
161- (1) The vaccine is approved by the U.S. Food and Drug Administration;
161+ (1) Set reasonable fees for the administration of vaccinations under this 13
162+section; and 14
162163
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;
164+ (2) Adopt regulations that require a pharmacist to submit a registration 15
165+form to the Board that includes verification that the pharmacist: 16
166166
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:
167+ (i) Has successfully completed a certification course approved by the 17
168+Board that included instruction in the guidelines and recommendations of the Centers for 18
169+Disease Control and Prevention regarding vaccinations; and 19
170170
171- (i) Hands–on injection techniques;
171+ (ii) Is certified in basic cardiopulmonary resuscitation and obtained 20
172+the certification through in–person classroom instruction. 21
172173
173- (ii) Clinical evaluation of indications and contraindications of
174-vaccines; and
174+ [(c) From July 1, 2021, to June 30, 2023, inclusive, a pharmacist may administer 22
175+a vaccine to an individual who is at least 3 years old but under the age of 18 years if: 23
175176
176- (iii) The recognition and treatment of emergency reactions to
177-vaccines;
177+ (1) The vaccine is approved by the U.S. Food and Drug Administration; 24
178178
179- (4) The pharmacist has a current certificate in basic cardiopulmonary
180-resuscitation;
179+ (2) The vaccination is ordered and administered in accordance with the 25
180+Centers for Disease Control and Prevention’s Advisory Committee on Immunization 26
181+Practices immunization schedules; 27
181182
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. 232
183+ (3) The pharmacist has completed a practical training program of at least 28
184+20 hours that is approved by the Accreditation Council for Pharmacy Education and 29
185+includes: 30
187186
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
187+ (i) Hands–on injection techniques; 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+ (ii) Clinical evaluation of indications and contraindications of 32
190+vaccines; and 33
191+ SENATE BILL 18 5
196192
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.
202193
203-Approved by the Governor, April 25, 2024.
194+ (iii) The recognition and treatment of emergency reactions to 1
195+vaccines; 2
196+
197+ (4) The pharmacist has a current certificate in basic cardiopulmonary 3
198+resuscitation; 4
199+
200+ (5) The pharmacist has completed a minimum of 2 hours of continuing 5
201+pharmaceutical education related to immunizations that is approved by the Accreditation 6
202+Council for Pharmacy Education as part of the license renewal requirements under § 7
203+12–309 of this title; 8
204+
205+ (6) The pharmacist complies with the record–keeping and reporting 9
206+requirements in subsection (a)(4) of this section and the corresponding regulations; and 10
207+
208+ (7) The pharmacist informs each child vaccination patient and adult 11
209+caregiver who is accompanying the child of the importance of well–child visits with a 12
210+pediatric primary care provider and refers the patient to a pediatric primary care provider 13
211+when appropriate.] 14
212+
213+ SECTION 2. AND BE IT FURTHER E NACTED, That this Act is an emergency 15
214+measure, is necessary for the immediate preservation of the public health or safety, has 16
215+been passed by a yea and nay vote supported by three–fifths of all the members elected to 17
216+each of the two Houses of the General Assembly, and shall take effect from the date it is 18
217+enacted. 19
218+
219+
220+
221+
222+Approved:
223+________________________________________________________________________________
224+ Governor.
225+________________________________________________________________________________
226+ President of the Senate.
227+________________________________________________________________________________
228+ Speaker of the House of Delegates.