Md. Code Regs. 10.34.36.02

Current through Register Vol. 51, No. 12, June 14, 2024

Section 10.34.36.02 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) Assisted Living Program.

(a) "Assisted living program" means a residential or facility-based program that provides housing and supportive services, supervision, personalized assistance, health-related services, or a combination of these services 24 hours a day, 7 days a week, to meet the needs of individuals who are unable to perform, or who need assistance in performing, the activities of daily living or instrumental activities of daily living, in a way that promotes optimum dignity and independence for the individuals.

(b) "Assisted living program" does not include:

(i) A nursing home or comprehensive care facility, as defined under Health-General Article, §19-301, Annotated Code of Maryland;

(ii) A State facility, as defined under Health-General Article, §10-101, Annotated Code of Maryland;

(iii) A program licensed or approved by the Department under Health-General Article, Title 7 or Title 10, Annotated Code of Maryland;

(iv) A hospice care program licensed by the Department under Health-General Article, Title 19, Annotated Code of Maryland;

(v) Services provided by family members;

(vi) Services provided by a licensed residential service agency or licensed home health agency in an individual's own home; or

(vii) A Certified Adult Residential Environment Program that is certified by the Department of Human Resources under Article 88A, § 140, Annotated Code of Maryland.

(2) "Chart order" means a lawful order entered on the chart or a medical record of a resident of an assisted living program or group home by an authorized prescriber or the authorized prescriber's designated agent for a drug or device.

(3) "Group home" means a residence owned, leased, or operated by a licensed group home provider that:

(a) Provides residential services for individuals who, because of a developmental disability, require specialized living arrangements;

(b) Admits at least two, but not more than eight individuals; and

(c) Provides 10 or more hours of supervision per week.

(4) "Interim box" means a tamper evident container or an electronic system holding minimal quantities of medications:

(a) Agreed upon by the appropriate committee of the assisted living program; and

(b) Intended to expedite immediate initiation of emergency or nonemergency dosing until the pharmacy is able to provide a regular supply.

(5) "Licensed pharmacist" means a pharmacist who is licensed by the Board to practice pharmacy.

(6) "Packaging" means the process by which a medication is:

(a) Removed from a:

(i) Non-patient specific manufacturer's original container; or

(ii) Patient specific container directly received from another pharmacy licensed in Maryland or operated by the government of the United States provided that the manufacturer's name is present on the container;

(b) Placed into a new container by a licensed pharmacist or registered pharmacy technician under the direct supervision of a pharmacist; and

(c) Packaged as further defined in Regulation .07 of this chapter.

(7) "Pharmaceutical services" means the care within practice standards, laws, regulations, and guidelines which is afforded by a licensed pharmacist to the residents of an assisted living program or group home.

(8) "Pharmacy area" means that portion of the licensed pharmacy where over-the-counter medications and other products requiring a prescription by federal or State law are stored and where the prescriptions are compounded or prepared.

(9) "Registered pharmacy technician" means an individual who is registered with the Board to perform delegated pharmacy acts.

(a) Licensed to engage in the practice of pharmacy in Maryland;

(b) Knowledgeable in, and thoroughly familiar with, the specialized functions of an assisted living program's or group home's pharmaceutical services; and

(c) Responsible for and in full and actual charge of the pharmacy and its personnel.

(11) "Verbal order" means a directive that is orally communicated to a licensed pharmacist to accept a prescription order by a person who is authorized to communicate a prescription.

(12) "Written order" means a directive that is directly written by an authorized prescriber or a transcription of an order from an authorized prescriber by a person authorized to transcribe an order.

Md. Code Regs. 10.34.36.02

Regulation .02 amended effective 40:9 Md. R. 789, eff.6/15/2013