Mid-Atlantic Health Law TOPICS

1. At its February meeting, the Maryland Board of Pharmacy responded to a question regarding whether pharmacists are able to accept controlled dangerous substance prescriptions through a mobile phone application or a photographed image of a prescription transmitted through a mobile phone application. The Board stated that a pharmacy may receive a faxed prescription using an app, provided the responsible pharmacist verifies that the app is HIPAA compliant and verifies the identity of the sender. In the Board’s response, the requirement that the prescription be received by facsimile, as required by Maryland law and federal law, was repeated. The Board also recommended that the parties who submitted the question confirm the Board’s recommendation with the Drug Enforcement Administration.

2. During the 2023 Session, the Maryland General Assembly passed a law establishing protections for the disclosure of legally protected health care, including reproductive health services, medications and supplies related to abortion care and other sensitive services, by health information exchange and electronic health network entities operating in Maryland. Draft regulations to implement those new protections were issued by the Maryland Health Care Commission in November 2023. The draft regulations went through the notice and comment period and were approved at the Commission’s meeting in March 2024. Fines for noncompliance began June 1, 2024.

Darci M. Smith
410-576-4153 • dsmith@gfrlaw.com