§ 21–2A-04
Statutes in effect as of October 1, 2026.
Md. Code Ann., Health-Gen. § 21-2A-04 (2026)
Title 21. Food, Drugs, and Cosmetics
Subtitle 2A. Prescription Drug Monitoring Program
§ 21–2A-04LinkCopy Citation
(a)
The Secretary, in consultation with the Board, shall adopt regulations to carry out this subtitle.
(b)
The regulations adopted by the Secretary shall:
(1)
Specify the prescription monitoring data and naloxone medication data required to be submitted under § 21–2A–03 of this subtitle;
(2)
Specify the electronic or other means by which information is to be submitted:
(i)
Without unduly increasing the workload and expense on dispensers; and
(ii)
In a manner as compatible as possible with existing data submission practices of dispensers;
(3)
Specify that the information be submitted by dispensers once every 24 hours;
(4)
Specify that the Program:
(i)
Shall provide the information technology software to dispensers necessary to upload prescription drug monitoring data and naloxone medication data to the Program; and
(ii)
May not impose any fees or other assessments on prescribers or dispensers to support the operation of the Program;
(5)
Identify the mechanism by which:
(i)
Prescription monitoring data are disclosed to a person, in accordance with § 21–2A–06 of this subtitle; and
(ii)
Naloxone medication data are disclosed to a person, in accordance with § 21–2A–06.1 of this subtitle;
(6)
Identify the circumstances under which a person may disclose prescription monitoring data or naloxone medication data received under the Program;
(7)
Specify the process for the Program’s review of prescription monitoring data and naloxone medication data and reporting of:
(i)
Possible misuse or abuse of a monitored prescription drug under § 21–2A–06(c) of this subtitle; or
(ii)
A possible violation of law or possible breach of professional standards under § 21–2A–06(d) of this subtitle;
(8)
Establish requirements for Program retention of prescription monitoring data and naloxone medication data; and
(9)
Require that:
(i)
Confidential or privileged patient information be kept confidential; and
(ii)
Records or information protected by a privilege between a health care provider and a patient, or otherwise required by law to be held confidential, be filed in a manner that, except as otherwise provided in §§ 21–2A–06 and 21–2A–06.1 of this subtitle, does not disclose the identity of the person protected.