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§ 21-2A-03. Powers and duties of Secretary

West's Annotated Code of MarylandHealth--GeneralEffective: October 1, 2022

West's Annotated Code of Maryland
Health--General
Title 21. Food, Drugs, and Cosmetics (Refs & Annos)
Subtitle 2a. Prescription Drug Monitoring Program (Refs & Annos)
Effective: October 1, 2022
MD Code, Health - General, § 21-2A-03
§ 21-2A-03. Powers and duties of Secretary
Currentness
Implementation of Program by Department
(a) The Department shall implement the Program, subject to the availability of funds.
Operation of Program
(b) The Secretary may:
(1) Assign responsibility for the operation of the Program to any unit in the Department;
(2) Contract with any qualified person for the efficient and economical operation of the Program; and
(3) Identify and publish a list of monitored prescription drugs that have a low potential for abuse by individuals.
Submission of data
(c) Except as provided in subsection (d) of this section, each dispenser shall submit prescription monitoring data and naloxone medication data to the Program by electronic means, in accordance with regulations adopted by the Secretary.
Alternative forms of submission
(d) The Secretary, for good cause shown, may authorize a dispenser to submit prescription monitoring data or naloxone medication data by an alternative form of submission.
Technology in support of Program
(e) The Secretary, in consultation with the Maryland Health Care Commission and the Board, shall:
(1) Determine the appropriate technology to support the operation of the Program; and
(2) Educate dispensers, prescribers, pharmacists, prescriber delegates, pharmacist delegates, and consumers about the purpose and operation of the Program.
Pharmacies dispensing medications to hospice patients
(f)(1) The Secretary shall grant a waiver to a pharmacy that dispenses medications to an inpatient hospice from reporting to the Program prescription monitoring data for hospice inpatients if:
(i) The pharmacy demonstrates how it will distinguish hospice inpatients from other consumers receiving medications from the pharmacy; and
(ii) The pharmacy agrees that it will be subject to onsite, unannounced inspections by the Department to verify its reporting of the prescription data of consumers who are not hospice inpatients.
(2) A waiver granted under this subsection may remain in effect for up to 2 years.
(3) The Secretary may establish an application process for a pharmacy to apply for a waiver under this subsection.

Credits

Added by Acts 2011, c. 166, § 2, eff. Oct. 1, 2011. Amended by Acts 2016, c. 147, § 2, eff. Oct. 1, 2016; Acts 2022, c. 224, § 1, eff. Oct. 1, 2022.
MD Code, Health - General, § 21-2A-03, MD HEALTH GEN § 21-2A-03
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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