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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0506*
SENATE BILL 506
J2 6lr2188
CF 6lr2189
By: Senator Lewis Young
Introduced and read first time: February 2, 2026
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
Health Occupations – Pharmacists – Minor Conditions and HIV Prevention and 2
Treatment 3
FOR the purpose of authorizing pharmacists, under certain circumstances, to prescribe, 4
administer, and dispense certain drugs or devices and perform and interpret certain 5
laboratory tests ; repealing provisions establishing and governing the 6
Nonoccupational Postexposure Prophylaxis (nPEP) Standing Order Program; 7
authorizing the Maryland Department of Health to establish certain statewide 8
written protocols relating to the treatment of minor conditions and the prevention 9
and treatment of human immunodeficiency virus; and generally relating to the scope 10
of practice of pharmacists. 11
BY repealing 12
Article – Health – General 13
Section 13 –5301 through 13 –5303 and the subtitle “Subtitle 53. Nonoccupational 14
Postexposure Prophylaxis (nPEP) Standing Order Program” 15
Annotated Code of Maryland 16
(2023 Replacement Volume and 2025 Supplement) 17
BY repealing and reenacting, without amendments, 18
Article – Health Occupations 19
Section 12–101(a) 20
Annotated Code of Maryland 21
(2021 Replacement Volume and 2025 Supplement) 22
BY repealing and reenacting, with amendments, 23
Article – Health Occupations 24
Section 12–101(x) 25
Annotated Code of Maryland 26
(2021 Replacement Volume and 2025 Supplement) 27
2 SENATE BILL 506
BY adding to 1
Article – Health Occupations 2
Section 12–515 and 12–516 3
Annotated Code of Maryland 4
(2021 Replacement Volume and 2025 Supplement) 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That Sections(s) 13–5301 through 13–5303 and the subtitle “Subtitle 53. Nonoccupational 7
Postexposure Prophylaxis (nPEP) Standing Order Program” of Article – Health – General 8
of the Annotated Code of Maryland be repealed. 9
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland re ad 10
as follows: 11
Article – Health Occupations 12
12–101. 13
(a) In this title the following words have the meanings indicated. 14
(x) (1) “Practice pharmacy” means to engage in any of the following activities: 15
(i) Providing pharmaceutical care; 16
(ii) Compounding, dispensing, or distributing prescription drugs or 17
devices; 18
(iii) Compounding or dispensing nonprescription drugs or devices; 19
(iv) Monitoring prescriptions for prescription and nonprescription 20
drugs or devices; 21
(v) Providing informa tion, explanation, or recommendations to 22
patients and health care practitioners about the safe and effective use of prescription or 23
nonprescription drugs or devices; 24
(vi) Identifying and appraising problems concerning the use or 25
monitoring of therapy with drugs or devices; 26
(vii) Acting within the parameters of a therapy management contract, 27
as provided under Subtitle 6A of this title; 28
(viii) Administering vaccinations in accordance with § 12 –508 of this 29
title or self–administered drugs or maintenance injectable medications in accordance with 30
§ 12–509 of this title; 31
SENATE BILL 506 3
(ix) Delegating a pharmacy act to a registered pharmacy technician, 1
pharmacy student, or an individual engaged in a Board approved pharmacy technician 2
training program; 3
(x) Supervising a delegated pharmacy act performed by a registered 4
pharmacy technician, pharmacy student, or an individual engaged in a Board approved 5
pharmacy technician training program; 6
(xi) Providing drug therapy management in accordance with § 7
19–713.6 of the Health – General Article; 8
(xii) Prescribing and dispensing contraceptive medications and 9
self–administered contraceptive devices approved by the U.S. Food and Drug 10
Administration; 11
(xiii) Prescribing and dispensing nicotine replacement th erapy 12
medications; [or 13
(xiv) If the pharmacist is registered with the Nonoccupational 14
Postexposure Prophylaxis (nPEP) Standing Order Program established under § 13–5302 of 15
the Health – General Article, dispensing nonoccupational postexposure prophylaxis (nPEP) 16
medication approved by the U.S. Food and Drug Administration and in accordance with 17
“Updated Guidelines for Antiretroviral Postexposure Prophylaxis After Sexual, Injection 18
Drug Use, or Other Nonoccupational Exposure to HIV – United States 2016” or subsequent 19
guidelines published by the federal Centers for Disease Control and Prevention] 20
(XIV) IN ACCORDANCE WITH § 12–515 OF THIS TITLE , 21
PRESCRIBING DRUGS OR DEVICES , EXCLUDING CONTROLLED SUBSTANCES, THAT 22
ARE PRESCRIBED: 23
1. IN ACCORDANCE WITH TH E PRODUCT ’S U.S. FOOD 24
AND DRUG ADMINISTRATION–APPROVED LABELING; AND 25
2. TO TREAT CONDITIONS THAT: 26
A. DO NOT REQUIRE A NEW DIAGNOSIS; 27
B. ARE MINOR AND GENERALLY SELF–LIMITING; OR 28
C. HAVE A TEST THAT IS U SED TO GUIDE DIAGNOSIS OR 29
CLINICAL DECISION MAKING THAT IS CLASSIFIED AS WAIVED UNDER THE FEDERAL 30
CLINICAL LABORATORY IMPROVEMENT AMENDMENTS OF 1988; OR 31
(XV) IN ACCORDANCE WITH § 12–516 OF THIS TITLE: 32
4 SENATE BILL 506
1. PERFORMING AND INTERP RETING LABORATORY 1
TESTS FOR HUMAN IMMUNODEFICIENCY VIRUS; AND 2
2. PRESCRIBING AND DISPE NSING PRE –EXPOSURE 3
PROPHYLAXIS AND POSTEXPOSURE PROPHYLAXIS MEDICATIONS. 4
(2) “Practice pharmacy” does not include the operations of a person who 5
holds a permit issued under § 12–6C–03 of this title. 6
12–515. 7
(A) IN ACCORDANCE WITH A STATEWIDE WRITTEN PROTOCOL ESTABLISHED 8
BY THE STATE BOARD OF PHARMACY, A PHARMACIST MAY ORD ER, TEST FOR, 9
SCREEN FOR, AND TREAT MINOR CONDITIONS, INCLUDING: 10
(1) COLD SORES; 11
(2) GROUP A STREPTOCOCCUS PHARYNGITIS; 12
(3) INFLUENZA; 13
(4) LICE; 14
(5) COVID–19 AND OTHER RESPIRATORY IL LNESSES, CONDITIONS, 15
OR DISEASES; 16
(6) SKIN CONDITIONS, INCLUDING RINGWORM AND ATHLETE’S FOOT; 17
(7) URINARY TRACT INFECTION; AND 18
(8) OTHER EMERGING AND EX ISTING PUBLIC HEALTH THREATS 19
IDENTIFIED BY THE DEPARTMENT, IF AUTHORIZED BY AN ORDER , A RULE, OR A 20
REGULATION. 21
(B) (1) A PHARMACIST WHO ORDER S, TESTS FOR, SCREENS FOR, OR 22
TREATS A HEALTH CONDITION UNDER THIS SECTION MAY USE ANY TEST THAT MAY 23
GUIDE CLINICAL DECIS ION MAKING THAT IS CLASSIFIED AS WAIVED UNDER THE 24
FEDERAL CLINICAL LABORATORY IMPROVEMENT AMENDMENTS OF 1988, THE 25
FEDERAL RULES ADOPTE D UNDER THE FEDERAL CLINICAL LABORATORY 26
IMPROVEMENT AMENDMENTS OF 1988, OR ANY SCREENING PRO CEDURE THAT IS 27
ESTABLISHED BY STATEWIDE WRITTEN PROTOCOL. 28
(2) A TEST PERFORMED UNDER THIS SUBSECTION DO ES NOT 29
REQUIRE A LETTER OF EXCEPTION FROM THE DEPARTMENT. 30
SENATE BILL 506 5
(C) A PHARMACIST MAY DELEGATE THE ADMINISTRATIVE AND TECHNICAL 1
TASKS OF PERFORMING A TEST CLASSIFIED AS WAIVED UNDER THE FEDERAL 2
CLINICAL LABORATORY IMPROVEMENT AMENDMENTS OF 1988 TO: 3
(1) A REGISTERED PHARMACY TECHNICIAN; 4
(2) A PHARMACY STUDENT; OR 5
(3) AN INDIVIDUAL ENGAGED I N A BOARD–APPROVED PHARMACY 6
TECHNICIAN TRAINING PROGRAM UNDER THE SUPERVISION OF THE PHARMACIST. 7
12–516. 8
(A) THE DEPARTMENT MAY ESTABLISH A STATEWIDE WRITTEN PROTOCOL 9
FOR THE DELIVERY OF PRE–EXPOSURE PROPHYLAXIS AND POSTEXPOSURE 10
PROPHYLAXIS MEDICATIONS FOR THE PREVENTI ON AND TREATMENT OF HUMAN 11
IMMUNODEFICIENCY VIRUS. 12
(B) IN ACCORDANCE WITH THE STATEWIDE WRITTEN PR OTOCOL 13
ESTABLISHED UNDER SUBSECTION (A) OF THIS SECTION, A PHARMACIST MAY: 14
(1) PERFORM AND INTERPRET LABORATORY TESTS; 15
(2) CONDUCT ASSESSMENTS AND CONSULTATIONS; 16
(3) INITIATE, DISPENSE, OR ADMINISTER: 17
(I) PRE–EXPOSURE PROPHYLAXIS MEDICATIONS; OR 18
(II) POSTEXPOSURE PROPHYLAXIS MEDICATIONS; AND 19
(4) PROVIDE REFERRALS FOR ADDITIONAL CARE. 20
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
October 1, 2026. 22