EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0944*
SENATE BILL 944
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By: Senator Kelly
Introduced and read first time: February 2, 2024
Assigned to: Finance and Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Nonprescription Drugs and Devices – Provision by Registered Nurses and Sale 2
of Contraceptives Through Automatic Devices 3
FOR the purpose of repealing the prohibition on the sale of certain contraceptives by means 4
of a vending machine or other automatic device; authorizing registered nurses to 5
provide, without a prescription, nonprescription drugs and devices in a local health 6
department under certain circumstances; and generally relating to nonprescription 7
drugs and devices. 8
BY repealing 9
Article – Criminal Law 10
Section 10–104 and 10–105 11
Annotated Code of Maryland 12
(2021 Replacement Volume and 2023 Supplement) 13
BY repealing and reenacting, without amendments, 14
Article – Health – General 15
Section 3–403(a)(1) 16
Annotated Code of Maryland 17
(2023 Replacement Volume) 18
BY repealing and reenacting, with amendments, 19
Article – Health – General 20
Section 3–403(b) 21
Annotated Code of Maryland 22
(2023 Replacement Volume) 23
BY repealing and reenacting, with amendments, 24
Article – Health Occupations 25
Section 8–512 26
Annotated Code of Maryland 27 2 SENATE BILL 944
(2021 Replacement Volume and 2023 Supplement) 1
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
That the Laws of Maryland read as follows: 3
Article – Criminal Law 4
[10–104. 5
(a) A person may not sell or offer for sale a nonlatex condom by means of a vending 6
machine or other automatic device. 7
(b) (1) A person who violates this section is guilty of a misdemeanor and on 8
conviction is subject to a fine not exceeding $1,000 for each violation. 9
(2) Each vending machine or other automatic device in violation of this 10
section is a separate violation.] 11
[10–105. 12
(a) A person may not sell or offer for sale a contraceptive or a contraceptive device, 13
whether or not advertised as a prophylactic, by means of a vending machine or other 14
automatic device at a kindergarten, nursery school, or elementary or secondary school. 15
(b) (1) A person who violates this section is guilty of a misdemeanor and on 16
conviction is subject to a fine not exceeding $1,000 for each violation. 17
(2) Each vending machine or other automatic device in a school is a 18
separate violation.] 19
Article – Health – General 20
3–403. 21
(a) (1) There is a Committee on Registered Nurses Personally Preparing and 22
Dispensing Drugs and Devices in Local Health Departments. 23
(b) The Committee shall: 24
(1) Develop and approve a formulary for use by registered nurses THAT 25
INCLUDES ALL NONPRES CRIPTION CONTRACEPTI VE DRUGS AND DEVICES 26
APPROVED BY THE U.S. FOOD AND DRUG ADMINISTRATION FOR 27
OVER–THE–COUNTER USE ; and 28
(2) Annually review the formulary to ensure compliance with current 29
prescribing standards. 30 SENATE BILL 944 3
Article – Health Occupations 1
8–512. 2
(a) (1) In this section the following words have the meanings indicated. 3
(2) “Authorized prescriber” means a licensed registered nurse, licensed 4
dentist, licensed physician, licensed physician’s assistant, licensed podiatrist, or other 5
individual authorized by law to prescribe prescription or nonprescription drugs or devices. 6
(3) (i) “Device” means an item used in the diagnosis, treatment, or 7
prevention of disease. 8
(ii) “Device” does not include: 9
1. Surgical or dental instruments; 10
2. Physical therapy equipment; 11
3. X–ray apparatuses; or 12
4. Component parts of or accessories for any of the items 13
described in items 1 through 3 of this subparagraph. 14
(4) (i) “Dispense” means a procedure that results in the receipt of a 15
drug or device by a patient or a patient’s agent. 16
(ii) “Dispense” includes: 17
1. Interpreting an authorized prescriber’s prescription for a 18
drug or device; 19
2. Selecting and labeling the drug or device prescribed; 20
3. Measuring and packaging the drug or device in accordance 21
with State and federal law; and 22
4. Documenting the transaction in the patient’s medical 23
record. 24
(5) “Drug” means, unless the context requires otherwise, a prescription or 25
nonprescription drug. 26
(6) “Formulary” means a list of drugs and devices. 27
(7) “Nonprescription drug OR DEVICE” means a drug OR DEVICE that: 28 4 SENATE BILL 944
(i) May be sold without a prescription; and 1
(ii) Is labeled for use by a consumer in accordance with State and 2
federal law. 3
(8) “Personally prepare and dispense” means to: 4
(i) Physically prepare a prescription; 5
(ii) Perform a final check of the prescription before dispensing it to a 6
patient; and 7
(iii) Not delegate any step of the dispensing process. 8
(9) “Prescription drug” means a drug that, under § 21–220 of the Health – 9
General Article, may be dispensed only on the prescription of an authorized prescriber. 10
(b) If a registered nurse complies with the requirements of this section, the 11
registered nurse may personally prepare and dispense drugs and devices OR PROVIDE, 12
WITHOUT A PRESCRIPTI ON, NONPRESCRIPTION DRUG S AND DEVICES in a local health 13
department: 14
(1) In accordance with the Overdose Response Program under Title 13, 15
Subtitle 31 of the Health – General Article or the Expedited Partner Therapy Pilot Program 16
under § 18–214.1 of the Health – General Article; or 17
(2) To patients in need of communicable disease, alcohol and drug abuse, 18
family planning, or reproductive health services. 19
(c) A registered nurse may personally prepare and dispense drugs and devices 20
OR PROVIDE, WITHOUT A PRESCRIPTI ON, NONPRESCRIPTION DRUG S AND DEVICES 21
if the registered nurse: 22
(1) Complies with the formulary developed and approved under § 3–403(b) 23
of the Health – General Article; 24
(2) Has successfully completed a training program administered by the 25
Department in accordance with § 3–405 of the Health – General Article; 26
(3) Maintains the patient’s health record in a manner that ensures the 27
confidentiality of the patient’s drug and device medication record in accordance with State 28
and federal laws; 29
(4) Complies with drug and device storage and inventory procedures in 30
accordance with Department policy; and 31
SENATE BILL 944 5
(5) [Has] FOR A PRESCRIPTION DR UG OR DEVICE , HAS received a 1
prescription from an authorized prescriber employed at a local health department. 2
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
October 1, 2024. 4