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*hb0838*
HOUSE BILL 838
J2, J1 6lr1566
CF SB 562
By: Delegate Cullison Delegates Cullison, Alston, Bagnall, Guzzone, Hill,
Hutchinson, S. Johnson, Kaufman, Kipke, Lopez, Martinez, M. Morgan,
Reilly, Rosenberg, Ross, Szeliga, Taveras, White Holland, and Woorman
Introduced and read first time: February 4, 2026
Assigned to: Health
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 1, 2026
CHAPTER ______
AN ACT concerning 1
State Board of Pharmacy – Prescriber–Pharmacist Agreements 2
FOR the purpose of authorizing licensed certified midwives to enter into therapy 3
management contracts; repealing a requirement that authorized prescribers submit 4
prescriber–pharmacist agreements to the health occupations board that regulates 5
the authorized prescriber; authorizing pharmacists, under certain circumstances, to 6
enter into prescriber–pharmacist agreements that authorize the pharmacist to treat 7
an opioid use disorder using controlled dangerous substances drug therapy; 8
requiring that a protocol that authorizes controlled dangerous substances drug 9
therapy require a pharmacist to request certain da ta from the Prescription Drug 10
Monitoring Program before initiating or modifying a controlled dangerous 11
substances therapy; and generally relating to prescriber–pharmacist agreements. 12
BY repealing and reenacting, without amendments, 13
Article – Health Occupations 14
Section 12–6A–01(a) 15
Annotated Code of Maryland 16
(2021 Replacement Volume and 2025 Supplement) 17
BY repealing and reenacting, with amendments, 18
Article – Health Occupations 19
Section 12–6A–01(b), 12–6A–03, 12–6A–04, and 12–6A–06 20
Annotated Code of Maryland 21
2 HOUSE BILL 838
(2021 Replacement Volume and 2025 Supplement) 1
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
That the Laws of Maryland read as follows: 3
Article – Health Occupations 4
12–6A–01. 5
(a) In this subtitle the following words have the meanings indicated. 6
(b) “Authorized prescriber” means a licensed physician, licensed podiatrist, 7
CERTIFIED MIDWIFE LICENSED UNDER TITLE 8, SUBTITLE 6D OF THIS ARTICLE, or 8
certified advanced practice nurse with prescriptive authority under § 8–508 of this article. 9
12–6A–03. 10
(a) An authorized prescriber and a licensed pharmacist who wish to enter into 11
therapy management contracts shall have a prescriber–pharmacist agreement. 12
(b) [(1) (i) Except as provided in subparagraph (ii) of this paragraph, an 13
authorized prescriber who has entered into a prescriber –pharmacist agreement shall 14
submit to the health occupations board that regulates the authorized prescriber a copy of 15
the prescriber –pharmacist agreement and any subsequent modifications made to the 16
prescriber–pharmacist agreement or the protocols specified in the prescriber –pharmacist 17
agreement. 18
(ii) A health occupations board may enter into an agreement with 19
the Bo ard of Pharmacy that requires authorized prescribers regulated by the health 20
occupations board to submit to the Board of Pharmacy documentation that otherwise would 21
be required to be submitted to the health occupations board under subparagraph (i) of this 22
paragraph. 23
(2)] A licensed pharmacist who has entered into a prescriber –pharmacist 24
agreement shall submit to the Board of Pharmacy a copy of the prescriber –pharmacist 25
agreement and any subsequent modifications made to the prescriber –pharmacist 26
agreement or the protocols specified in the prescriber–pharmacist agreement. 27
12–6A–04. 28
(A) [A] SUBJECT TO SUBSECTION (B) OF THIS SECTION , A pharmacist is 29
authorized to enter into a prescriber–pharmacist agreement if the pharmacist: 30
(1) Is a licensed pharmacist; 31
(2) Has a Doctor of Pharmacy Degree or equivalent training as established 32
in regulations adopted under this subtitle; 33
HOUSE BILL 838 3
(3) Is approved by the Board to enter into a prescriber –pharmacist 1
agreement with an authorized prescriber in accordance with this subtitle; and 2
(4) Meets the requirements that are established by regulations adopted 3
under this subtitle. 4
(B) A PHARMACIST MAY ENTER INTO A PRESCRIBER –PHARMACIST 5
AGREEMENT THAT AUTHORIZES A PHARMACIST TO TREAT AN OPIOID USE DISORDER 6
USING C ONTROLLED DANGEROUS SUBSTANCES DRUG THER APY IF THE 7
PHARMACIST: 8
(1) INDIVIDUALLY REGISTER S WITH THE FEDERAL DRUG 9
ENFORCEMENT AGENCY; 10
(2) INDIVIDUALLY REGISTERS WITH THE OFFICE OF CONTROLLED 11
SUBSTANCES ADMINISTRATION; 12
(3) COMPLETES ANY APPLICABLE TRAINING REQUIRED BY FEDERAL 13
OR STATE LAWS; AND 14
(4) FOLLOWS A PROTOCOL TH AT MEETS THE REQUIRE MENTS OF § 15
12–6A–06 OF THIS SUBTITLE. 16
12–6A–06. 17
(a) A protocol under this subtitle: 18
(1) May authorize: 19
(i) For protocols by a licensed physician and licensed pharmacist, 20
the initiation of drug therapy under written, disease–state specific protocols; 21
(ii) The modification, continuation, and discontinuation of drug 22
therapy under written, disease–state specific protocols; 23
(iii) The ordering of laboratory tests; and 24
(iv) Other patient care management measures related to monitoring 25
or improving the outcomes of drug or device therapy; and 26
(2) May not authorize acts that exceed the scope of practice of the parties 27
to the therapy management contract. 28
4 HOUSE BILL 838
(b) A protocol shall prohibit the substitution of a chemically dissimilar drug 1
product by the pharmacist for the product prescribed by the authorized prescriber, unless 2
permitted in the therapy management contract. 3
(C) A PROTOCOL THAT AUTHOR IZES CONTROLLED DANGERO US 4
SUBSTANCES DRUG THER APY SHALL REQUIRE TH E PHARMACIST TO REQU EST 5
RELEVANT DATA FROM THE PRESCRIPTION DRUG MONITORING PROGRAM BEFORE 6
INITIATING OR MODIFY ING A CONTROLLED DAN GEROUS SUBSTANCES DR UG 7
THERAPY. 8
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 9
1, 2026. 10
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.