# Health - General (GHG)

## Title 21. Food, Drugs, and Cosmetics

### Subtitle 2A. Prescription Drug Monitoring Program

#### Section 21-2A-04

(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 Sec. 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 Sec. 21-2A-06 of this subtitle; and

    (ii) Naloxone medication data are disclosed to a person, in accordance with Sec. 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 Sec. 21-2A-06(c) of this subtitle; or

    (ii) A possible violation of law or possible breach of professional standards under Sec. 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 Sec.Sec. 21-2A-06 and 21-2A-06.1 of this subtitle, does not disclose the identity of the person protected.

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Md. Code Ann., Health-Gen. (as displayed at mgaleg.maryland.gov, October 16, 2026)