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2017 Maryland Code
Health - General
Title 21 - Food, Drugs, and Cosmetics
Subtitle 2A - Prescription Drug Monitoring Program
§ 21-2A-01. Definitions
Universal Citation: MD Health-Gen Code § 21-2A-01 (2017)
- (a) In general. -- In this subtitle the following words have the meanings indicated.
- (b) Board. -- "Board" means the Advisory Board on Prescription Drug Monitoring.
- (c) Dispense. --
- (1) "Dispense" has the meaning stated in § 12-101 of the Health Occupations Article.
- (2) "Dispense" does not include:
- (i) Directly administering a monitored prescription drug to a patient; or
- (ii) Giving out prescription drug samples.
- (d) Dispenser. --
- (1) "Dispenser" means a person authorized by law to dispense a monitored prescription drug to a patient or the patient's agent in the State.
- (2) "Dispenser" includes a nonresident pharmacy.
- (3) "Dispenser" does not include:
- (i) A licensed hospital pharmacy that only dispenses a monitored prescription drug for direct administration to an inpatient of the hospital;
- (ii) An opioid treatment services program;
- (iii) A veterinarian licensed under Title 2, Subtitle 3 of the Agriculture Article when prescribing controlled substances for animals in the usual course of providing professional services;
- (iv) A pharmacy issued a waiver permit under COMAR 10.34.17.03 that provides pharmaceutical specialty services exclusively to persons living in assisted living facilities, comprehensive care facilities, and developmental disabilities facilities; and
- (v) A pharmacy that:
- 1. Dispenses medications to an inpatient hospice; and
- 2. Has been granted a waiver under § 21-2A-03(f) of this subtitle.
- (e) Licensing entity. -- "Licensing entity" means an entity authorized under the Health Occupations Article to license, regulate, or discipline a prescriber or dispenser.
- (f) Monitored prescription drug. -- "Monitored prescription drug" means a prescription drug that contains a Schedule II, Schedule III, Schedule IV, or Schedule V controlled dangerous substance designated under Title 5, Subtitle 4 of the Criminal Law Article.
- (g) Opioid treatment services program. -- "Opioid treatment services program" means a program that:
- (1) Is certified in accordance with § 8-401 of this article or licensed by the State under § 7.5-401 of this article;
- (2) Is authorized to treat patients with opioid dependence with a medication approved by the federal Food and Drug Administration for opioid dependence;
- (3) Complies with:
- (i) The Code of Federal Regulations 42, Part 8;
- (ii) COMAR 10.47.02.11; and
- (iii) Requirements for the secure storage and accounting of opioid medication imposed by the federal Drug Enforcement Administration and the State Office of Controlled Substances Administration; and
- (4) Has been granted a certification for operation by the Department, the federal Substance Abuse and Mental Health Services Administration, and the federal Center for Substance Abuse Treatment.
- (h) Pharmacist. -- "Pharmacist" means an individual who is licensed under Title 12 of the Health Occupations Article to dispense a monitored prescription drug.
- (i) Pharmacist delegate. -- "Pharmacist delegate" means an individual who is:
- (1) Authorized by a registered pharmacist to request or access prescription monitoring data; and
- (2) Employed by or under contract with the same professional practice as the registered pharmacist.
- (j) Prescriber. -- "Prescriber" means a licensed health care professional authorized by law to prescribe a monitored prescription drug.
- (k) Prescriber delegate. -- "Prescriber delegate" means an individual who is:
- (1) Authorized by a registered prescriber to request or access prescription monitoring data; and
- (2) Employed by or under contract with the same professional practice as the prescriber.
- (l) Prescription drug. -- "Prescription drug" has the meaning stated in § 21-201 of this title.
- (m) Prescription monitoring data. -- "Prescription monitoring data" means the information submitted to the Program for a monitored prescription drug.
- (n) Program. -- "Program" means the Prescription Drug Monitoring Program established under this subtitle.
- (o) Registered. -- "Registered" means registered with the Program to request or access prescription monitoring data for clinical use.
- (p) Terminal illness. -- "Terminal illness" means a medical condition that, within reasonable medical judgment, involves a prognosis for a patient that likely will result in the patient's death within 6 months.
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