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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
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*hb1150*
HOUSE BILL 1150
J2 6lr2189
CF SB 506
By: Delegate Kerr Delegates Kerr, Alston, Bagnall, Cullison, Guzzone, Hill,
Kaufman, Lopez, Martinez, Rosenberg, Ross, Taveras, White Holland, and
Woorman
Introduced and read first time: February 11, 2026
Assigned to: Health
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 9, 2026
CHAPTER ______
AN ACT concerning 1
Health Occupations – Pharmacists – Minor Conditions and HIV Prevention and 2
Treatment 3
(Rapid Testing and Preventive Care Act) 4
FOR the purpose of authorizing pharmacists, under certain circumstances, to prescribe, 5
administer, and dispense certain drugs or devices and perform and interpret certain 6
laboratory tests; repealing provisions establishing and governing the 7
Nonoccupational Postexposure Prophylaxis (nPEP) Standing Order Program; 8
authorizing the Maryland Department of Health to establish certain statewide 9
written protocols relating to the treatment of minor conditions and the prevention 10
and treatment of human immunodeficiency virus; and generally relating to the scope 11
of practice of pharmacists. 12
BY repealing 13
Article – Health – General 14
Section 13 –5301 through 13 –5303 and the subtitle “Subtitle 53. Nonoccupational 15
Postexposure Prophylaxis (nPEP) Standing Order Program” 16
Annotated Code of Maryland 17
(2023 Replacement Volume and 2025 Supplement) 18
BY repealing and reenacting, without amendments, 19
Article – Health Occupations 20
Section 12–101(a) 21
2 HOUSE BILL 1150
Annotated Code of Maryland 1
(2021 Replacement Volume and 2025 Supplement) 2
BY repealing and reenacting, with amendments, 3
Article – Health Occupations 4
Section 12–101(x) 5
Annotated Code of Maryland 6
(2021 Replacement Volume and 2025 Supplement) 7
BY adding to 8
Article – Health Occupations 9
Section 12–515 and 12–516 10
Annotated Code of Maryland 11
(2021 Replacement Volume and 2025 Supplement) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That Sections(s) 13–5301 through 13–5303 and the subtitle “Subtitle 53. Nonoccupational 14
Postexposure Prophylaxis (nPEP) Standing Order Program” of Article – Health – General 15
of the Annotated Code of Maryland be repealed. 16
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 17
as follows: 18
Article – Health Occupations 19
12–101. 20
(a) In this title the following words have the meanings indicated. 21
(x) (1) “Practice pharmacy” means to engage in any of the following activities: 22
(i) Providing pharmaceutical care; 23
(ii) Compounding, dispensing, or distributing prescription drugs or 24
devices; 25
(iii) Compounding or dispensing nonprescription drugs or devices; 26
(iv) Monitoring prescriptions for prescription and nonprescription 27
drugs or devices; 28
(v) Providing information, explanation, or recommendations to 29
patients and health care practitioners about the safe and effective use of prescription or 30
nonprescription drugs or devices; 31
(vi) Identifying and appraising problems concerning the use or 32
monitoring of therapy with drugs or devices; 33
HOUSE BILL 1150 3
(vii) Acting within the parameters of a therapy management contract, 1
as provided under Subtitle 6A of this title; 2
(viii) Administering vaccinations in accordance with § 12 –508 of this 3
title or self–administered drugs or maintenance injectable medications in accordance with 4
§ 12–509 of this title; 5
(ix) Delegating a pharmacy act to a registered pharmacy technician, 6
pharmacy student, or an individual engaged in a Board approved pharmacy technician 7
training program; 8
(x) Supervising a delegated pharmacy act performed by a registered 9
pharmacy technician, pharmacy student, or an individual engaged in a Board approved 10
pharmacy technician training program; 11
(xi) Providing drug therapy management in accordance wi th § 12
19–713.6 of the Health – General Article; 13
(xii) Prescribing and dispensing contraceptive medications and 14
self–administered contraceptive devices approved by the U.S. Food and Drug 15
Administration; 16
(xiii) Prescribing and dispensing nicotine re placement therapy 17
medications; [or 18
(xiv) If the pharmacist is registered with the Nonoccupational 19
Postexposure Prophylaxis (nPEP) Standing Order Program established under § 13–5302 of 20
the Health – General Article, dispensing nonoccupational postexposure prophylaxis (nPEP) 21
medication approved by the U.S. Food and Drug Administration and in accordance with 22
“Updated Guidelines for Antiretroviral Postexposure Prophylaxis After Sexual, Injection 23
Drug Use, or Other Nonoccupational Exposure to HIV – United States 2016” or subsequent 24
guidelines published by the federal Centers for Disease Control and Prevention] 25
(XIV) IN ACCORDANCE WITH § 12–515 OF THIS TITLE , 26
PRESCRIBING DRUGS OR DEVICES, EXCLUDING CONTROLLED SUBSTANCES, THAT 27
ARE PRESCRIBED: 28
1. IN ACCORDANCE WITH THE PRODUCT’S U.S. FOOD 29
AND DRUG ADMINISTRATION–APPROVED LABELING; AND 30
2. TO TREAT CONDITIONS THAT: 31
A. DO NOT REQUIRE A NEW DIAGNOSIS; 32
B. ARE MINOR AND GENERALLY SELF–LIMITING; OR 33
4 HOUSE BILL 1150
C. HAVE HAVE A TEST THAT IS USED TO GUIDE 1
DIAGNOSIS OR CLINICAL DECISION MAKING THAT IS CLASSIFIED AS WAIVED UNDER 2
THE FEDERAL CLINICAL LABORATORY IMPROVEMENT AMENDMENTS OF 1988; OR 3
(XV) IN ACCORDANCE WITH § 12–516 OF THIS TITLE: 4
1. PERFORMING AND INTERP RETING LABORATORY 5
TESTS FOR HUMAN IMMUNODEFICIENCY VIRUS; AND 6
2. PRESCRIBING AND DISPE NSING PRE –EXPOSURE 7
PROPHYLAXIS AND POSTEXPOSURE PROPHYLAXIS MEDICATIONS. 8
(2) “Practice pharmacy” does not include the operations of a person who 9
holds a permit issued under § 12–6C–03 of this title. 10
12–515. 11
(A) IN ACCORDANCE WITH A STATEWIDE WRITTEN PROTOCOL ESTABLISHED 12
BY THE STATE BOARD OF PHARMACY, A PHARMACIST MAY ORDER A TEST FOR, TEST 13
FOR, SCREEN FOR, AND TREAT MINOR CONDITIONS, INCLUDING: 14
(1) COLD SORES; 15
(2) GROUP A STREPTOCOCCUS PHARYNGITIS; 16
(3) (2) INFLUENZA; 17
(4) LICE; 18
(5) (3) COVID–19 AND OTHER RESPIRATOR Y ILLNESSES , 19
CONDITIONS, OR DISEASES; 20
(6) (4) SKIN CONDITIONS, INCLUDING RINGWORM AND ATHLETE’S 21
ATHLETE’S FOOT; AND 22
(7) URINARY TRACT INFECTION; AND 23
(8) (5) OTHER EMERGING AND EXISTING PUBLIC HEALTH THREATS 24
IDENTIFIED BY THE DEPARTMENT, IF AUTHORIZED BY AN ORDER, A RULE , OR A 25
REGULATION. 26
(B) (1) A PHARMACIST WHO ORDER S A TEST FOR , TESTS FOR, SCREENS 27
FOR, OR TREATS A HEALTH C ONDITION UNDER THIS SECTION M AY USE ANY TEST 28
HOUSE BILL 1150 5
THAT MAY GUIDE CLINI CAL DECISION MAKING THAT IS CLASSIFIED A S WAIVED 1
UNDER THE FEDERAL CLINICAL LABORATORY IMPROVEMENT AMENDMENTS OF 2
1988, THE FEDERAL RULES ADOPTED UNDER THE FEDERAL CLINICAL LABORATORY 3
IMPROVEMENT AMENDMENTS OF 1988, OR ANY SCREENING PRO CEDURE THAT IS 4
ESTABLISHED BY STATEWIDE WRITTEN PROTOCOL. 5
(2) A TEST PERFORMED UNDER THIS SUBSECTION DOES NOT 6
REQUIRE A LETTER OF EXCEPTION FROM THE DEPARTMENT. 7
(C) A PHARMACIST MAY DELEGATE THE ADMINISTRATIVE AND TECHNICAL 8
TASKS OF PERFORMING A TEST CLASSIFIED AS WAIVED UNDER THE FED ERAL 9
CLINICAL LABORATORY IMPROVEMENT AMENDMENTS OF 1988 TO: 10
(1) A REGISTERED PHARMACY TECHNICIAN; OR 11
(2) A PHARMACY STUDENT; OR 12
(3) AN INDIVIDUAL ENGAGED IN A BOARD–APPROVED PHA RMACY 13
TECHNICIAN TRAINING PROGRAM UNDER THE SU PERVISION OF THE PHA RMACIST 14
REGISTERED PHARMACY INTERN. 15
12–516. 16
(A) THE DEPARTMENT MAY ESTABLISH A STATEWIDE WRITTEN PROTOCOL 17
FOR THE DELIVERY OF PRE–EXPOSURE PROPHYLAXIS AND POSTEXPOSURE 18
PROPHYLAXIS MEDICATIONS FOR THE PREVENTION AND TREAT MENT OF HUMAN 19
IMMUNODEFICIENCY VIRUS. 20
(B) IN ACCORDANCE WITH TH E STATEWIDE WRITTEN PROTOCOL 21
ESTABLISHED UNDER SUBSECTION (A) OF THIS SECTION, A PHARMACIST MAY: 22
(1) PERFORM AND INTERPRET LABORATORY TESTS; 23
(2) CONDUCT ASSESSMENTS AND CONSULTATIONS; 24
(3) INITIATE, DISPENSE, OR ADMINISTER: 25
(I) PRE–EXPOSURE PROPHYLAXIS MEDICATIONS; OR 26
(II) POSTEXPOSURE PROPHYLAXIS MEDICATIONS; AND 27
(4) PROVIDE REFERRALS FOR ADDITIONAL CARE. 28
6 HOUSE BILL 1150
SECTION 3. AND BE IT FURTHE R ENACTED, That this Act shall take effect 1
October 1, 2026. 2
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.