Maryland § 12-511

§ 12-511.

    (a)    In this section, “contraceptives” means contraceptive medications and self–administered contraceptive devices approved by the U.S. Food and Drug Administration.

    (b)    A pharmacist who meets the requirements of the regulations adopted under this section may prescribe and dispense contraceptives.

    (c)    (1)    On or before September 1, 2018, the Board, in consultation with the State Board of Physicians, the State Board of Nursing, the Maryland Chapter of the American College of Obstetricians and Gynecologists, the Maryland Chapter of the American Academy of Pediatrics, the Maryland Pharmacists Association, the Maryland Affiliate of the American College of Nurse–Midwives, the Maryland Nurses Association, Planned Parenthood of Maryland, the Maryland Association of Chain Drug Stores, and other interested health professional associations and stakeholders, shall adopt final regulations establishing:

            (i)    Standard procedures that a pharmacist must use to select the appropriate contraceptive to prescribe for a patient or to refer the patient to a primary care practitioner or reproductive health care practitioner for treatment; and

            (ii)    The conditions under which a pharmacist may prescribe and dispense contraceptives.

        (2)    The regulations shall require a pharmacist to:

            (i)    Except as provided in paragraph (3) of this subsection, complete a training program approved by the Board for prescribing and dispensing contraceptives;

            (ii)    Provide a self–screening risk assessment tool that a patient must use before a pharmacist may prescribe contraceptives for the patient;

            (iii)    Follow the standard procedures established by the Board; and

            (iv)    After prescribing and dispensing contraceptives for a patient:

                1.    Refer the patient for any additional care to:

                A.    The patient’s primary care practitioner or reproductive health care practitioner; or

                B.    If the patient does not have a primary care practitioner or reproductive health care practitioner, a family planning provider or a licensed clinician who provides reproductive health care services;

                2.    Provide the patient with:

                A.    A written record of the contraceptives dispensed; and

                B.    Written information about the importance of seeing the patient’s primary care practitioner or reproductive health care practitioner to obtain recommended tests and screenings;

                3.    Record the prescribing and dispensing of the contraceptives in any electronic health record maintained on the patient by the pharmacist; and

                4.    Provide the patient with a copy of the record of the encounter that includes the patient’s completed self–assessment tool and the contraceptive prescribed and dispensed or the basis for not prescribing and dispensing a contraceptive.

        (3)    The regulations shall waive the requirement to complete a training program for a pharmacist who already has undergone the training as part of the pharmacist’s formal educational program.

        (4)    The regulations shall prohibit a pharmacist from prescribing contraceptives before January 1, 2019.