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.
*sb0944*
SENATE BILL 944
E1, J2 4lr0656
CF HB 1171
By: Senator Kelly
Introduced and read first time: February 2, 2024
Assigned to: Finance and Judicial Proceedings
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 2, 2024
CHAPTER ______
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 repealing a prohibition against the 5
sale of nonlatex condoms through a vending machine or other automatic device; 6
prohibiting the sale of natural membrane condoms through a vending machine or 7
other automatic device; authorizing registered nurses to provide, without a 8
prescription, nonprescription drugs and devices in a local health department under 9
certain circumstances; and generally relating to nonprescription drugs and devices. 10
BY repealing 11
Article – Criminal Law 12
Section 10–104 and 10–105 13
Annotated Code of Maryland 14
(2021 Replacement Volume and 2023 Supplement) 15
BY repealing and reenacting, without amendments, 16
Article – Health – General 17
Section 3–403(a)(1) 18
Annotated Code of Maryland 19
(2023 Replacement Volume) 20
BY repealing and reenacting, with amendments, 21
Article – Health – General 22 2 SENATE BILL 944
Section 3–403(b) 1
Annotated Code of Maryland 2
(2023 Replacement Volume) 3
BY adding to 4
Article – Health – General 5
Section 21–228 6
Annotated Code of Maryland 7
(2023 Replacement Volume) 8
BY repealing and reenacting, with amendments, 9
Article – Health Occupations 10
Section 8–512 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 – Criminal Law 16
[10–104. 17
(a) A person may not sell or offer for sale a nonlatex condom by means of a vending 18
machine or other automatic device. 19
(b) (1) A person who violates this section is guilty of a misdemeanor and on 20
conviction is subject to a fine not exceeding $1,000 for each violation. 21
(2) Each vending machine or other automatic device in violation of this 22
section is a separate violation.] 23
[10–105. 24
(a) A person may not sell or offer for sale a contraceptive or a contraceptive device, 25
whether or not advertised as a prophylactic, by means of a vending machine or other 26
automatic device at a kindergarten, nursery school, or elementary or secondary school. 27
(b) (1) A person who violates this section is guilty of a misdemeanor and on 28
conviction is subject to a fine not exceeding $1,000 for each violation. 29
(2) Each vending machine or other automatic device in a school is a 30
separate violation.] 31
Article – Health – General 32
3–403. 33 SENATE BILL 944 3
(a) (1) There is a Committee on Registered Nurses Personally Preparing and 1
Dispensing Drugs and Devices in Local Health Departments. 2
(b) The Committee shall: 3
(1) Develop and approve a formulary for use by registered nurses THAT 4
INCLUDES ALL NONPRES CRIPTION CONTRACEPTI VE DRUGS AND DEVICES 5
APPROVED BY THE U.S. FOOD AND DRUG ADMINISTRATION FOR 6
OVER–THE–COUNTER USE ; and 7
(2) Annually review the formulary to ensure compliance with current 8
prescribing standards. 9
21–228. 10
A PERSON MAY NOT SELL OR OFFER FOR SALE A NATURAL MEMBRANE 11
CONDOM BY MEANS OF A VENDING MACHINE OR O THER AUTOMATIC DEVIC E. 12
Article – Health Occupations 13
8–512. 14
(a) (1) In this section the following words have the meanings indicated. 15
(2) “Authorized prescriber” means a licensed registered nurse, licensed 16
dentist, licensed physician, licensed physician’s assistant, licensed podiatrist, or other 17
individual authorized by law to prescribe prescription or nonprescription drugs or devices. 18
(3) (i) “Device” means an item used in the diagnosis, treatment, or 19
prevention of disease. 20
(ii) “Device” does not include: 21
1. Surgical or dental instruments; 22
2. Physical therapy equipment; 23
3. X–ray apparatuses; or 24
4. Component parts of or accessories for any of the items 25
described in items 1 through 3 of this subparagraph. 26
(4) (i) “Dispense” means a procedure that results in the receipt of a 27
drug or device by a patient or a patient’s agent. 28
4 SENATE BILL 944
(ii) “Dispense” includes: 1
1. Interpreting an authorized prescriber’s prescription for a 2
drug or device; 3
2. Selecting and labeling the drug or device prescribed; 4
3. Measuring and packaging the drug or device in accordance 5
with State and federal law; and 6
4. Documenting the transaction in the patient’s medical 7
record. 8
(5) “Drug” means, unless the context requires otherwise, a prescription or 9
nonprescription drug. 10
(6) “Formulary” means a list of drugs and devices. 11
(7) “Nonprescription drug OR DEVICE” means a drug OR DEVICE that: 12
(i) May be sold without a prescription; and 13
(ii) Is labeled for use by a consumer in accordance with State and 14
federal law. 15
(8) “Personally prepare and dispense” means to: 16
(i) Physically prepare a prescription; 17
(ii) Perform a final check of the prescription before dispensing it to a 18
patient; and 19
(iii) Not delegate any step of the dispensing process. 20
(9) “Prescription drug” means a drug that, under § 21–220 of the Health – 21
General Article, may be dispensed only on the prescription of an authorized prescriber. 22
(b) If a registered nurse complies with the requirements of this section, the 23
registered nurse may personally prepare and dispense drugs and devices OR PROVIDE, 24
WITHOUT A PRESCRIPTI ON, NONPRESCRIPTION DRUG S AND DEVICES in a local health 25
department: 26
(1) In accordance with the Overdose Response Program under Title 13, 27
Subtitle 31 of the Health – General Article or the Expedited Partner Therapy Pilot Program 28
under § 18–214.1 of the Health – General Article; or 29
SENATE BILL 944 5
(2) To patients in need of communicable disease, alcohol and drug abuse, 1
family planning, or reproductive health services. 2
(c) A registered nurse may personally prepare and dispense drugs and devices 3
OR PROVIDE, WITHOUT A PRESCRIPTI ON, NONPRESCRIPTION DRUG S AND DEVICES 4
if the registered nurse: 5
(1) Complies with the formulary developed and approved under § 3–403(b) 6
of the Health – General Article; 7
(2) Has successfully completed a training program administered by the 8
Department in accordance with § 3–405 of the Health – General Article; 9
(3) Maintains the patient’s health record in a manner that ensures the 10
confidentiality of the patient’s drug and device medication record in accordance with State 11
and federal laws; 12
(4) Complies with drug and device storage and inventory procedures in 13
accordance with Department policy; and 14
(5) [Has] FOR A PRESCRIPTION DR UG OR DEVICE , HAS received a 15
prescription from an authorized prescriber employed at a local health department. 16
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
October 1, 2024. 18
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.