MD
Maryland Senate Bill SB944

Maryland 2024 Regular Session

Maryland Senate Bill SB944 Compare Versions

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1- WES MOORE, Governor Ch. 932
21
3-– 1 –
4-Chapter 932
5-(Senate Bill 944)
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+ Italics indicate opposite chamber/conference committee amendments.
9+ *sb0944*
810
9-Nonprescription Drugs and Devices – Provision by Registered Nurses and Sale
10-of Contraceptives Through Automatic Devices
11+SENATE BILL 944
12+E1, J2 (4lr0656)
13+ENROLLED BILL
14+— Finance and Judicial Proceedings/Health and Government Operations —
15+Introduced by Senator Kelly
1116
12-FOR the purpose of repealing the prohibition on the sale of certain contraceptives by means
13-of a vending machine or other automatic device repealing a prohibition against the
14-sale of nonlatex condoms through a vending machine or other automatic device;
15-prohibiting the sale of natural membrane condoms through a vending machine or
16-other automatic device prohibiting the sale of natural membrane condoms, rather
17-than all nonlatex condoms, through a vending machine or other automatic device;
18-excluding the violation of a certain provision of this Act from certain penalties;
19-authorizing registered nurses to provide, without a prescription, nonprescription
20-drugs and devices in a local health department under certain circumstances; and
21-generally relating to nonprescription drugs and devices.
17+Read and Examined by Proofreaders:
2218
23-BY repealing
24- Article – Criminal Law
25-Section 10–104 and 10–105
26- Annotated Code of Maryland
27- (2021 Replacement Volume and 2023 Supplement)
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
2823
29-BY repealing and reenacting, without amendments,
30- Article – Health – General
31-Section 3–403(a)(1)
32- Annotated Code of Maryland
33- (2023 Replacement Volume)
24+Sealed with the Great Seal and presented to the Governor, for his approval this
3425
35-BY repealing and reenacting, with amendments,
36- Article – Health – General
37-Section 3–403(b) and 21–1215
38- Annotated Code of Maryland
39- (2023 Replacement Volume)
26+_______ day of _______________ at ________________________ o’clock, ________M.
4027
41-BY adding to
42- Article – Health – General
43- Section 21–228
44- Annotated Code of Maryland
45- (2023 Replacement Volume)
28+______________________________________________
29+President.
4630
47-BY repealing and reenacting, with amendments,
48- Article – Health Occupations
49-Section 8–512 Ch. 932 2024 LAWS OF MARYLAND
31+CHAPTER ______
5032
51-– 2 –
52- Annotated Code of Maryland
53- (2021 Replacement Volume and 2023 Supplement)
33+AN ACT concerning 1
5434
55- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
56-That the Laws of Maryland read as follows:
35+Nonprescription Drugs and Devices – Provision by Registered Nurses and Sale 2
36+of Contraceptives Through Automatic Devices 3
5737
58-Article – Criminal Law
38+FOR the purpose of repealing the prohibition on the sale of certain contraceptives by means 4
39+of a vending machine or other automatic device repealing a prohibition against the 5
40+sale of nonlatex condoms through a vending machine or other automatic device; 6
41+prohibiting the sale of natural membrane condoms through a vending machine or 7
42+other automatic device prohibiting the sale of natural membrane condoms, rather 8
43+than all nonlatex condoms, through a vending machine or other automatic device; 9
44+excluding the violation of a certain provision of this Act from certain penalties; 10
45+authorizing registered nurses to provide, without a prescription, nonprescription 11
46+drugs and devices in a local health department under certain circumstances; and 12
47+generally relating to nonprescription drugs and devices. 13
5948
60-[10–104.
49+BY repealing 14 2 SENATE BILL 944
6150
62- (a) A person may not sell or offer for sale a nonlatex condom by means of a vending
63-machine or other automatic device.
6451
65- (b) (1) A person who violates this section is guilty of a misdemeanor and on
66-conviction is subject to a fine not exceeding $1,000 for each violation.
52+ Article – Criminal Law 1
53+Section 10–104 and 10–105 2
54+ Annotated Code of Maryland 3
55+ (2021 Replacement Volume and 2023 Supplement) 4
6756
68- (2) Each vending machine or other automatic device in violation of this
69-section is a separate violation.]
57+BY repealing and reenacting, without amendments, 5
58+ Article – Health – General 6
59+Section 3–403(a)(1) 7
60+ Annotated Code of Maryland 8
61+ (2023 Replacement Volume) 9
7062
71-[10–105.
63+BY repealing and reenacting, with amendments, 10
64+ Article – Health – General 11
65+Section 3–403(b) and 21–1215 12
66+ Annotated Code of Maryland 13
67+ (2023 Replacement Volume) 14
7268
73- (a) A person may not sell or offer for sale a contraceptive or a contraceptive device,
74-whether or not advertised as a prophylactic, by means of a vending machine or other
75-automatic device at a kindergarten, nursery school, or elementary or secondary school.
69+BY adding to 15
70+ Article – Health – General 16
71+ Section 21–228 17
72+ Annotated Code of Maryland 18
73+ (2023 Replacement Volume) 19
7674
77- (b) (1) A person who violates this section is guilty of a misdemeanor and on
78-conviction is subject to a fine not exceeding $1,000 for each violation.
75+BY repealing and reenacting, with amendments, 20
76+ Article – Health Occupations 21
77+Section 8–512 22
78+ Annotated Code of Maryland 23
79+ (2021 Replacement Volume and 2023 Supplement) 24
7980
80- (2) Each vending machine or other automatic device in a school is a
81-separate violation.]
81+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
82+That the Laws of Maryland read as follows: 26
8283
83-Article – Health – General
84+Article – Criminal Law 27
8485
85-3–403.
86+[10–104. 28
8687
87- (a) (1) There is a Committee on Registered Nurses Personally Preparing and
88-Dispensing Drugs and Devices in Local Health Departments.
88+ (a) A person may not sell or offer for sale a nonlatex condom by means of a vending 29
89+machine or other automatic device. 30
8990
90- (b) The Committee shall:
91+ (b) (1) A person who violates this section is guilty of a misdemeanor and on 31
92+conviction is subject to a fine not exceeding $1,000 for each violation. 32
9193
92- (1) Develop and approve a formulary for use by registered nurses THAT
93-INCLUDES ALL NONPRES CRIPTION CONTRACEPTI VE DRUGS AND DEVICES
94-APPROVED BY THE U.S. FOOD AND DRUG ADMINISTRATION FOR
95-OVER–THE–COUNTER USE ; and
96- WES MOORE, Governor Ch. 932
94+ (2) Each vending machine or other automatic device in violation of this 33
95+section is a separate violation.] 34
9796
98-– 3 –
99- (2) Annually review the formulary to ensure compliance with current
100-prescribing standards.
97+[10–105. 35 SENATE BILL 944 3
10198
102-21–228.
10399
104- A PERSON MAY NOT SELL OR OFFER FOR SALE A NATURAL MEMBRANE
105-CONDOM BY MEANS OF A VENDING MACHINE OR O THER AUTOMATIC DEVIC E.
106100
107-21–1215.
101+ (a) A person may not sell or offer for sale a contraceptive or a contraceptive device, 1
102+whether or not advertised as a prophylactic, by means of a vending machine or other 2
103+automatic device at a kindergarten, nursery school, or elementary or secondary school. 3
108104
109- (a) This section does not apply to a violation of § 21–220(b)(4), § 21–228, or §
110-21–259.2 of this title.
105+ (b) (1) A person who violates this section is guilty of a misdemeanor and on 4
106+conviction is subject to a fine not exceeding $1,000 for each violation. 5
111107
112- (b) A person who violates any provision of Subtitle 2 of this title or any regulation
113-adopted under Subtitle 2 of this title is guilty of a misdemeanor and on conviction is subject
114-to:
108+ (2) Each vending machine or other automatic device in a school is a 6
109+separate violation.] 7
115110
116- (1) A fine not exceeding $10,000 or imprisonment not exceeding 1 year or
117-both; or
111+Article – Health – General 8
118112
119- (2) If the person has been convicted once of violating Subtitle 2 of this title,
120-a fine not exceeding $25,000 or imprisonment not exceeding 3 years or both.
113+3–403. 9
121114
122- (c) In addition to any criminal penalties imposed under this section, a person who
123-violates any provision of Subtitle 2 of this title, any rule or regulation adopted under Subtitle
124-2 of this title, or any term, condition, or limitation of any license or registration issued under
125-Subtitle 2 of this title:
115+ (a) (1) There is a Committee on Registered Nurses Personally Preparing and 10
116+Dispensing Drugs and Devices in Local Health Departments. 11
126117
127- (1) Is subject to a civil penalty not exceeding $5,000, in an action in any
128-District Court; and
118+ (b) The Committee shall: 12
129119
130- (2) May be enjoined from continuing the violation.
120+ (1) Develop and approve a formulary for use by registered nurses THAT 13
121+INCLUDES ALL NONPRES CRIPTION CONTRACEPTI VE DRUGS AND DEVICES 14
122+APPROVED BY THE U.S. FOOD AND DRUG ADMINISTRATION FOR 15
123+OVER–THE–COUNTER USE ; and 16
131124
132- (d) Each day on which a violation occurs is a separate violation under this section.
125+ (2) Annually review the formulary to ensure compliance with current 17
126+prescribing standards. 18
133127
134-Article – Health Occupations
128+21–228. 19
135129
136-8–512.
130+ A PERSON MAY NOT SELL OR OFFER FOR SALE A NATURAL MEMBRANE 20
131+CONDOM BY MEANS OF A VENDING MACHINE OR O THER AUTOMATIC DEVIC E. 21
137132
138- (a) (1) In this section the following words have the meanings indicated.
133+21–1215. 22
139134
140- (2) “Authorized prescriber” means a licensed registered nurse, licensed
141-dentist, licensed physician, licensed physician’s assistant, licensed podiatrist, or other
142-individual authorized by law to prescribe prescription or nonprescription drugs or devices.
143- Ch. 932 2024 LAWS OF MARYLAND
135+ (a) This section does not apply to a violation of § 21–220(b)(4), § 21–228, or § 23
136+21–259.2 of this title. 24
144137
145-– 4 –
146- (3) (i) “Device” means an item used in the diagnosis, treatment, or
147-prevention of disease.
138+ (b) A person who violates any provision of Subtitle 2 of this title or any regulation 25
139+adopted under Subtitle 2 of this title is guilty of a misdemeanor and on conviction is subject 26
140+to: 27
148141
149- (ii) “Device” does not include:
142+ (1) A fine not exceeding $10,000 or imprisonment not exceeding 1 year or 28
143+both; or 29
144+ 4 SENATE BILL 944
150145
151- 1. Surgical or dental instruments;
152146
153- 2. Physical therapy equipment;
147+ (2) If the person has been convicted once of violating Subtitle 2 of this title, 1
148+a fine not exceeding $25,000 or imprisonment not exceeding 3 years or both. 2
154149
155- 3. X–ray apparatuses; or
150+ (c) In addition to any criminal penalties imposed under this section, a person who 3
151+violates any provision of Subtitle 2 of this title, any rule or regulation adopted under Subtitle 4
152+2 of this title, or any term, condition, or limitation of any license or registration issued under 5
153+Subtitle 2 of this title: 6
156154
157- 4. Component parts of or accessories for any of the items
158-described in items 1 through 3 of this subparagraph.
155+ (1) Is subject to a civil penalty not exceeding $5,000, in an action in any 7
156+District Court; and 8
159157
160- (4) (i) “Dispense” means a procedure that results in the receipt of a
161-drug or device by a patient or a patient’s agent.
158+ (2) May be enjoined from continuing the violation. 9
162159
163- (ii) “Dispense” includes:
160+ (d) Each day on which a violation occurs is a separate violation under this section. 10
164161
165- 1. Interpreting an authorized prescriber’s prescription for a
166-drug or device;
162+Article – Health Occupations 11
167163
168- 2. Selecting and labeling the drug or device prescribed;
164+8–512. 12
169165
170- 3. Measuring and packaging the drug or device in accordance
171-with State and federal law; and
166+ (a) (1) In this section the following words have the meanings indicated. 13
172167
173- 4. Documenting the transaction in the patient’s medical
174-record.
168+ (2) “Authorized prescriber” means a licensed registered nurse, licensed 14
169+dentist, licensed physician, licensed physician’s assistant, licensed podiatrist, or other 15
170+individual authorized by law to prescribe prescription or nonprescription drugs or devices. 16
175171
176- (5) “Drug” means, unless the context requires otherwise, a prescription or
177-nonprescription drug.
172+ (3) (i) “Device” means an item used in the diagnosis, treatment, or 17
173+prevention of disease. 18
178174
179- (6) “Formulary” means a list of drugs and devices.
175+ (ii) “Device” does not include: 19
180176
181- (7) “Nonprescription drug OR DEVICE” means a drug OR DEVICE that:
177+ 1. Surgical or dental instruments; 20
182178
183- (i) May be sold without a prescription; and
179+ 2. Physical therapy equipment; 21
184180
185- (ii) Is labeled for use by a consumer in accordance with State and
186-federal law.
181+ 3. X–ray apparatuses; or 22
187182
188- (8) “Personally prepare and dispense” means to:
183+ 4. Component parts of or accessories for any of the items 23
184+described in items 1 through 3 of this subparagraph. 24
189185
190- (i) Physically prepare a prescription;
191- WES MOORE, Governor Ch. 932
186+ (4) (i) “Dispense” means a procedure that results in the receipt of a 25
187+drug or device by a patient or a patient’s agent. 26
192188
193-– 5 –
194- (ii) Perform a final check of the prescription before dispensing it to a
195-patient; and
189+ (ii) “Dispense” includes: 27
196190
197- (iii) Not delegate any step of the dispensing process.
191+ 1. Interpreting an authorized prescriber’s prescription for a 28
192+drug or device; 29
193+ SENATE BILL 944 5
198194
199- (9) “Prescription drug” means a drug that, under § 21–220 of the Health –
200-General Article, may be dispensed only on the prescription of an authorized prescriber.
201195
202- (b) If a registered nurse complies with the requirements of this section, the
203-registered nurse may personally prepare and dispense drugs and devices OR PROVIDE,
204-WITHOUT A PRESCRIPTI ON, NONPRESCRIPTION DRUG S AND DEVICES in a local health
205-department:
196+ 2. Selecting and labeling the drug or device prescribed; 1
206197
207- (1) In accordance with the Overdose Response Program under Title 13,
208-Subtitle 31 of the Health – General Article or the Expedited Partner Therapy Pilot Program
209-under § 18–214.1 of the Health – General Article; or
198+ 3. Measuring and packaging the drug or device in accordance 2
199+with State and federal law; and 3
210200
211- (2) To patients in need of communicable disease, alcohol and drug abuse,
212-family planning, or reproductive health services.
201+ 4. Documenting the transaction in the patient’s medical 4
202+record. 5
213203
214- (c) A registered nurse may personally prepare and dispense drugs and devices
215-OR PROVIDE, WITHOUT A PRESCRIPTI ON, NONPRESCRIPTION DRUG S AND DEVICES
216-if the registered nurse:
204+ (5) “Drug” means, unless the context requires otherwise, a prescription or 6
205+nonprescription drug. 7
217206
218- (1) Complies with the formulary developed and approved under § 3–403(b)
219-of the Health – General Article;
207+ (6) “Formulary” means a list of drugs and devices. 8
220208
221- (2) Has successfully completed a training program administered by the
222-Department in accordance with § 3–405 of the Health – General Article;
209+ (7) “Nonprescription drug OR DEVICE” means a drug OR DEVICE that: 9
223210
224- (3) Maintains the patient’s health record in a manner that ensures the
225-confidentiality of the patient’s drug and device medication record in accordance with State
226-and federal laws;
211+ (i) May be sold without a prescription; and 10
227212
228- (4) Complies with drug and device storage and inventory procedures in
229-accordance with Department policy; and
213+ (ii) Is labeled for use by a consumer in accordance with State and 11
214+federal law. 12
230215
231- (5) [Has] FOR A PRESCRIPTION DR UG OR DEVICE , HAS received a
232-prescription from an authorized prescriber employed at a local health department.
216+ (8) “Personally prepare and dispense” means to: 13
233217
234- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
235-October 1, 2024.
218+ (i) Physically prepare a prescription; 14
236219
237-Approved by the Governor, May 16, 2024.
220+ (ii) Perform a final check of the prescription before dispensing it to a 15
221+patient; and 16
222+
223+ (iii) Not delegate any step of the dispensing process. 17
224+
225+ (9) “Prescription drug” means a drug that, under § 21–220 of the Health – 18
226+General Article, may be dispensed only on the prescription of an authorized prescriber. 19
227+
228+ (b) If a registered nurse complies with the requirements of this section, the 20
229+registered nurse may personally prepare and dispense drugs and devices OR PROVIDE, 21
230+WITHOUT A PRESCRIPTI ON, NONPRESCRIPTION DRUG S AND DEVICES in a local health 22
231+department: 23
232+
233+ (1) In accordance with the Overdose Response Program under Title 13, 24
234+Subtitle 31 of the Health – General Article or the Expedited Partner Therapy Pilot Program 25
235+under § 18–214.1 of the Health – General Article; or 26
236+
237+ (2) To patients in need of communicable disease, alcohol and drug abuse, 27
238+family planning, or reproductive health services. 28
239+ 6 SENATE BILL 944
240+
241+
242+ (c) A registered nurse may personally prepare and dispense drugs and devices 1
243+OR PROVIDE, WITHOUT A PRESCRIPTI ON, NONPRESCRIPTION DRUG S AND DEVICES 2
244+if the registered nurse: 3
245+
246+ (1) Complies with the formulary developed and approved under § 3–403(b) 4
247+of the Health – General Article; 5
248+
249+ (2) Has successfully completed a training program administered by the 6
250+Department in accordance with § 3–405 of the Health – General Article; 7
251+
252+ (3) Maintains the patient’s health record in a manner that ensures the 8
253+confidentiality of the patient’s drug and device medication record in accordance with State 9
254+and federal laws; 10
255+
256+ (4) Complies with drug and device storage and inventory procedures in 11
257+accordance with Department policy; and 12
258+
259+ (5) [Has] FOR A PRESCRIPTION DR UG OR DEVICE , HAS received a 13
260+prescription from an authorized prescriber employed at a local health department. 14
261+
262+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
263+October 1, 2024. 16
264+
265+
266+
267+Approved:
268+________________________________________________________________________________
269+ Governor.
270+________________________________________________________________________________
271+ President of the Senate.
272+________________________________________________________________________________
273+ Speaker of the House of Delegates.