The following laws that passed in the 2021 Legislative session went into effect on October 1:

• HB 429 This law allows therapeutic substitution under certain circumstances. It requires a pharmacist, or the pharmacist’s designee, to inform a consumer of the availability of a therapeutically equivalent brand name drug that is the lowest cost alternative to the originally prescribed drug or device and the cost difference between the equivalent drug or device and the prescribed drug for cash paying customers only. It does not apply to prescriptions reimbursed by a third-party payor. Also requires the pharmacy to provide written notice, or to maintain a record that indicates a patient was notified in writing or orally, that the generic product is equivalent to the brand name product.
• SB 298 This law requires an owner of a pharmacy to provide notice of the closing of the pharmacy at least 14 days prior to the anticipated closing of the pharmacy, It also requires the notice to indicate the name of the pharmacy where customer prescriptions and records will transferred, and that a customer may request that their prescriptions and records be sent to another pharmacy. The Board of Pharmacy will have to promulgate regulation on this law.

For more information, contact NACDS’ Jill McCormack at 717-592-8977.

The Office of Pharmacy Services has published an Advisory on the Concurrent use of Opioids and Medication Assisted Treatment (MAT) for the Fee-for-Service (FFS) Program. Anyone interested in directly receiving upcoming Advisories may forward his/her name, company affiliation and email address directly to Deborah.washington@maryland.gov

For more information, contact NACDS’ Jill McCormack at 717-592-8977.

Medicaid published Advisory #231 from the Office of Pharmacy Services in reference to the Pharmacy Provider Guidance on COVID-19 Additional Vaccine Dose for The Maryland Medicaid Fee-for-Service (FFS) Program.

For more information, contact NACDS’ Jill McCormack at 717-592-8977.

The Maryland Insurance Administration (MIA) issued a request for input on a report being prepared for the Legislature on the scope of the U.S. Supreme Court opinion in Rutledge v. Pharmaceutical Care Management Association and how to apply the decision to Title 15, Subtitle 16 of the Insurance Article. Comments are due to MIA on Sept. 10, 2021. NACDS intends to draft comments to send out for member review. If you have any comments, you’d like us to include, please send them to Jill McCormack by Aug. 31.

For more information, contact NACDS’ Jill McCormack at 717-592-8977.

The Board of Pharmacy recently posted an update notice regarding pharmacists, interns and technicians and immunizations under the PREP Act. The notice clarifies that when Gov. Hogan (R) lifted the State of Emergency on July 1, his executive order on pharmacy-based immunizations also expired. However, the notice recognizes that the PREP Act supersedes state law.

For more information, contact NACDS’ Jill McCormack at 717-592-8977.

The Office of Pharmacy Services has issued an advisory to notify pharmacies that the Medicaid Fee-for-Service (FFS) Program Pharmacy Services call center helpline is returned to live call operations on July 14. If you are interested in directly receiving upcoming advisories, please forward your name, company affiliation and email address directly to: Deborah.washington@maryland.gov  

For more information, contact NACDS’ Jill McCormack at 717-592-8977.

As a result of Gov. Larry Hogan’s (R) termination of the State of Emergency that will be effective July 1, 2021, the Department of Health’s Office of Pharmacy Services announced they will rescind the waiver allowing pharmacies to deliver without a receiver signature. Therefore, effective August 15, 2021, the Medicaid Fee-for-Service Program will require pharmacies to record signatures when delivering prescriptions.

For more information, contact NACDS’ Jill McCormack at 717-592-8977.

The Department of Health published the Final Rule increasing the Medicaid Pharmacy Dispensing Fee from $11.49 to $11.67. The increase is retroactive to Feb. 1, 2021.   

Also in Maryland, HB14 has taken effect without the Governor's signature. Pharmacists may now utilize the manufacturer's expiration date on prescription drugs issued in the original manufacturer's packaging.   

Also in Maryland, On June 15 the Department of Health issued an Amended Directive and Order Regarding Vaccination Matters that supersedes and replaces previous orders. Notably, it recognizes the ability of trained personnel to administer vaccines at vaccination sites under supervision.

For more information, contact NACDS’ Jill McCormack at 717-592-8977.

Effective May 30, due to the enactment of HB 135 pharmacists may administer certain injectable maintenance medications. The bill was sponsored by Del. Karen Lewis Young (D) and specifically includes drugs for psychiatric disorders, substance abuse, contraception, and vitamins. NACDS assisted in the efforts of both the Maryland Pharmacists Association and the Maryland Association of Chain Drug Stores in supporting this measure.

Also in Maryland, Gov. Hogan (R) signed SB 537, a bill that requires pharmacists to inform patients of lower-cost alternative drugs if the information is readily available. It will also permit pharmacists to interchange a less expensive brand-name drug that is therapeutically equivalent to the prescribed drug under certain conditions. The bill will be effective October 1, 2021; however, the Board of Pharmacy is required to promulgate regulations for certain provisions of the legislation.

Also in Maryland, the Board of Pharmacy recently shared that they will be reaching out to about 1200 pharmacists in Maryland who need to register with the Prescription Drug Monitoring Program (PDMP). To register, click here.  For further information about registering see the Board’s FAQ.

Also in Maryland, the Department of Health has renewed its standing order allowing the dispensing of naloxone without a prescription. The order will remain in effect until June 1, 2023.

Lastly in Maryland, the Maryland Association of Chain Drug Stores (MACDS) is seeking a pharmacist to serve on the Maryland Pharmacy Coalition Scope of Practice and Reimbursement Task Force. You can review the minutes from their most recent monthly meeting here. Please contact Jill McCormack if you are interested in participating.

For more information, contact NACDS’ Jill McCormack at 717-592-8977.