In this subtitle the following words have the meanings indicated. “Board” means the State Board of Pharmacy. “CDC Guidelines” means the “Updated Guidelines for Antiretroviral Postexposure Prophylaxis After Sexual, Injection Drug Use, or Other Nonoccupational Exposure to HIV – United States 2016” or any subsequent guidelines published by the Centers for Disease Control and Prevention. “Nonoccupational postexposure prophylaxis” or “nPEP” means medication used in accordance with the most recent CDC Guidelines to reduce the chances of a patient developing HIV after potential exposure to the disease. “Pharmacist” means a pharmacist licensed in the State under Title 12 of the Health Occupations Article. “Program” means the Nonoccupational Postexposure Prophylaxis (nPEP) Standing Order Program. “Standing order” means a directive authorizing pharmacists to dispense the nPEP regimens listed in the order without a prescription.

There is a Nonoccupational Postexposure Prophylaxis (nPEP) Standing Order Program. The Program shall: Authorize a pharmacist who is registered with the Program to dispense nPEP through a standing order in accordance with § 13–5203 of this subtitle; and Operate in accordance with the procedures approved by the Department with the advice and approval of the Board. The Department shall adopt regulations: Necessary for the administration of the Program; and That address the needs of specific populations including victims of sexual assault and pediatric patients. The Department may: Collect fees necessary for the administration of the Program, unless the patient qualifies for nPEP through the Program for Preventing HIV Infection for Rape Victims established under § 11–1008 of the Criminal Procedure Article; Administer the Program and establish a standardized set of guidelines for pharmacists participating in the Program to use in developing and conducting patient education and training on nPEP that includes: Avoiding exposure to HIV; Responding to exposure to HIV with the appropriate use of nPEP; Access to nPEP and the appropriate follow–up after the administration of nPEP; and Engagement in additional care including: Access to pre–exposure prophylaxis (PrEP); and Harm reduction programs for patients with continuing risk of exposures; and Collect and report data on the operation and results of the Program.

At the time of dispensing nPEP, a pharmacist registered with the Program shall: Screen the patient to determine that HIV exposure occurred within 72 hours before the dispensing; Determine whether the patient meets clinical criteria consistent with the most recent CDC Guidelines, including: The identification of any contraindicated medications; and If applicable, exposure as the result of an alleged rape or sexual offense or alleged child sexual abuse; Subject to subsection (b) of this section, determine whether an available standing order is appropriate for the patient and dispense nPEP in accordance with the most recent CDC Guidelines; Refer the patient to a disease intervention specialist within the Department for ongoing treatment; and Determine whether the patient has a primary care provider and: If the patient has a primary care provider, notify the provider that the patient was dispensed nPEP; or If the patient does not have a primary care provider, provide the patient with a list of local primary care providers and clinics provided by the Department. If an available standing order is not appropriate for the patient, the pharmacist shall refer the patient to a primary care provider. A pharmacist may dispense nPEP in accordance with a therapy management contract under Title 12, Subtitle 6A of the Health Occupations Article.