Issue Date: September 14, 2018
Volume 45 • Issue 19 • Pages 869—870
MARYLAND DEPARTMENT OF HEALTH
Subtitle 09 MEDICAL CARE PROGRAMS
Notice of Proposed
The Secretary of Health proposes to:
(1) Amend Regulation .01 under COMAR
10.09.03 Pharmacy Services; and
(2) Adopt new Regulations .01—.08 under a new
chapter, COMAR 10.09.21 Pharmacists.
Statement of Purpose
The purpose of this action is to, in
accordance with Chapters 820 and 821 of 2017:
(1) Update the definition of pharmacist to reflect that a
pharmacist’s scope of practice includes services beyond filling prescriptions;
(2) Establish requirements for individual pharmacists who enroll
in the Program in order to counsel and prescribe certain contraceptive
medications and self-administered contraceptive devices to Medical Assistance
Comparison to Federal
There is no corresponding federal standard to this proposed
Estimate of Economic
The proposed action has no economic impact.
Economic Impact on Small
The proposed action has minimal or no economic impact on small
Impact on Individuals
The proposed action has no impact on individuals with
Opportunity for Public
Comments may be sent to Michele Phinney, Director, Office of
Regulations and Policy Coordination, Maryland Department of Health, 201 W.
Preston Street, or call 410-767-6499, or email to email@example.com, or fax
to 410-767-6483. Comments will be accepted through October 15, 2018. A public
hearing has not been scheduled.
10.09.03 Pharmacy Services
Article, §§2-104(b), 15-103, 15-103.1, 15-105, [and] 15-118, and
15-148(c), Annotated Code of Maryland
A. (text unchanged)
B. Terms Defined.
(1)—(30) (text unchanged)
(31) "Pharmacist" means an individual licensed in good standing
to practice pharmacy in the state where the [prescription is filled] service
(32)—(46) (text unchanged)
Health-General Article, §2-104(b), 2-105(b), 15,-103, and
15-148(c), Annotated Code of Maryland
.01 Purpose and Scope.
This chapter establishes requirements for individual pharmacists
who enroll in the Program.
A. In this chapter, the following terms have the meanings
(1) “Board” means the Maryland Board of Pharmacy.
(2) “Contraceptives” means contraceptive medications and
self-administered contraceptive devices approved by the U.S. Food and Drug
(3) “Maryland Medical Assistance Program” means the program of
comprehensive medical and other health-related care for indigent and medically
(4) “Participant” means an individual who is certified as eligible
for, and is receiving, Medical Assistance benefits.
(5) "Pharmacist" means an individual licensed in good
standing to practice pharmacy in the state where the service is provided.
(6) “Pharmacy” means an establishment or institution licensed in
good standing that is required to obtain a permit in accordance with Health
Occupations Article, Title 12, Annotated Code of Maryland.
(7) “Primary care practitioner” means a licensed health care
practitioner who provides an individual’s primary care services and is the
primary coordinator of health care services for the individual.
(8) “Program” means the Maryland Medical Assistance Program.
(9) “Reproductive health care practitioner” means a licensed
health care practitioner who is authorized to provide reproductive health
Qualifications and Conditions for Participation.
A. The pharmacist shall meet:
(1) Licensure requirements set forth in COMAR 10.09.36.02; and
(2) Conditions for participation set forth in COMAR 10.09.36.03.
B. A pharmacist who prescribes contraceptives shall:
(1) Meet all Board requirements to prescribe contraceptives set
forth in COMAR 10.34.40.03;
(2) Have completed a Board-approved training program, as set forth
in COMAR 10.34.40.04;
(3) Meet all record keeping requirements set forth in COMAR
(4) Meet all continuing education requirements set forth in COMAR
.04 Covered Services.
The following services are covered under this chapter:
A. A patient assessment performed at the pharmacist’s practice
location in order to determine:
(1) Whether to prescribe contraceptives; and
(2) Which contraceptive options to prescribe; and
B. If contraceptives are prescribed, a referral:
(1) To the participant’s primary care practitioner or reproductive
health care practitioner; or
(2) If the participant does not have a primary care practitioner
or a reproductive health care practitioner, to a family planning provider or a
licensed clinician who provides reproductive health care services.
A pharmacist may not prescribe contraceptives before January 1,
.06 Payment Procedures.
A. The provider shall submit the request for payment of services
rendered according to procedures established by the Department and in the form
designated by the Department.
B. The Department reserves the right to return to the provider,
before payment, all invoices not properly signed, completed, and accompanied by
properly completed forms required by the Department.
C. Payment advances are not made routinely.
D. The Program will make no direct payment to participants.
E. Billing time limitations for claims submitted pursuant to this
chapter are set forth in COMAR 10.09.36.06.
.07 Recovery and
Recovery and reimbursement are as set forth in COMAR 10.09.36.07.
.08 Cause for Suspension
of Removal and Imposition of Sanctions.
Causes for suspension or removal and imposition of sanctions are
as set forth in COMAR 10.09.36.08.
ROBERT R. NEALL
Secretary of Health
201 W. Preston Street, Baltimore, MD 21201-2399
(410) 767-6500 or 1-877-463-3464