Maryland HB 1076: Higher Education Institutions - Over-the-Counter Contraception - Access and Reporting

Bill Text

WES MOORE, Governor Ch. 674

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Chapter 674
(House Bill 1076)

AN ACT concerning

Higher Education Institutions – Over–the–Counter Contraception – Access and
Reporting

FOR the purpose of requiring each public senior higher education institution and
community college to submit a certain report on contraception access to the
Maryland Higher Education Commission each year; requiring the Commission to
submit a certain report on contraception access to the General Assembly each year;
requiring each community college to provide students with access to all methods of
over–the–counter contraception; and generally relating to public senior higher
education institutions and community colleges and contraception access
requirements.

BY adding to
Article – Education
Section 11–407.2
Annotated Code of Maryland
(2022 Replacement Volume and 2025 Supplement)

BY repealing and reenacting, with amendments,
Article – Education
Section 16–111
Annotated Code of Maryland
(2022 Replacement Volume and 2025 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:

Article – Education

11–407.2.

(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(2) “COMMUNITY COLLEGE” MEANS A COMMUNITY COLLEGE
ESTABLISHED UNDER TITLE 16 OF THIS ARTICLE.

(3) “OVER–THE–COUNTER CONTRACEPTION” MEANS A
CONTRACEPTIVE DRUG OR DEVICE APPROVED BY THE FEDERAL FOOD AND DRUG
ADMINISTRATION THAT CAN BE OBTAINED FOR USE WITHOUT A PRESCRIPTION.

Ch. 674 2026 LAWS OF MARYLAND

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(4) (I) “PUBLIC SENIOR HIGHER EDUCATION INSTITUTION”
MEANS:

1. THE CONSTITUENT INSTITUTIONS OF THE
UNIVERSITY SYSTEM OF MARYLAND;

2. MORGAN STATE UNIVERSITY; OR

3. ST. MARY’S COLLEGE OF MARYLAND.

(II) “PUBLIC SENIOR HIGHER EDUCATION INSTITUTION” DOES
NOT INCLUDE:

1. THE UNIVERSITY OF MARYLAND CENTER FOR
ENVIRONMENTAL SCIENCE; OR

2. THE UNIVERSITY OF MARYLAND GLOBAL CAMPUS.

(B) ON OR BEFORE SEPTEMBER 1, 2026, AND EACH SEPTEMBER 1
THEREAFTER, ON A FORM PROVIDED BY THE COMMISSION, EACH PUBLIC SENIOR
HIGHER EDUCATION INSTITUTION AND COMMUNITY COLLEGE SHALL SUBMIT A
REPORT TO THE COMMISSION ON THE PROVISION OF OVER–THE–COUNTER
CONTRACEPTION ON CAMPUS, INCLUDING:

(1) HOW STUDENTS ARE PROVIDED ACCESS TO OVER–THE–COUNTER
CONTRACEPTION ON CAMPUS;

(2) WHETHER THE PUBLIC SENIOR HIGHER EDUCATION INSTITUTION
OR COMMUNITY COLLEGE HAS PROVIDED ACCESS TO ALL METHODS OF
OVER–THE–COUNTER CONTRACEPTION AS REQUIRED UNDER §§ 15–136 AND 16–111
OF THIS ARTICLE;

(3) THE AMOUNT OF OVER–THE–COUNTER CONTRACEPTION
PROVIDED ON CAMPUS, DISAGGREGATED BY EACH METHOD OF OVER–THE–COUNTER
CONTRACEPTION; AND

(4) A DESCRIPTION OF HOW THE PUBLIC SENIOR HIGHER EDUCATION
INSTITUTION OR COMMUNITY COLLEGE HAS CONSULTED WITH STUDENTS AND
STUDENT ORGANIZATIONS IN RELATION TO PROVIDING OVER–THE–COUNTER
CONTRACEPTION ON CAMPUS.

WES MOORE, Governor Ch. 674

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(C) ON OR BEFORE OCTOBER 1, 2026, AND EACH OCTOBER 1 THEREAFTER,
THE COMMISSION SHALL REPORT TO THE GENERAL ASSEMBLY, IN ACCORDANCE
WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, ON THE INFORMATION
PROVIDED UNDER SUBSECTION (B) OF THIS SECTION.

16–111.

(a) In this section, “over–the–counter contraception” means a contraceptive drug
or device approved by the federal Food and Drug Administration that can be obtained for
use without a prescription.

(b) (1) On or before August 1, 2025, each community college, in consultation
with students and student organizations, shall develop and implement a plan to provide
students with access to ALL METHODS OF over–the–counter contraception.

(2) The plan under paragraph (1) of this subsection shall include access to
over–the–counter contraception through:

(i) The student health center;

(ii) Retail establishments on campus;

(iii) Vending machines; or

(iv) Any other method that provides all students access when on
campus.

(c) [(1) On or before September 1, 2025, and each September 1 thereafter, on a
form provided by the Commission, each community college shall submit a report to the
Commission on implementation of the plan required under this section, including:

(i) How students are provided access to over–the–counter
contraception on campus;

(ii) Available information regarding the amount of over–the–counter
contraception provided on campus; and

(iii) A description of how the community college has consulted with
students and student organizations to develop and implement the plan under this section.

(2) On or before October 1, 2025, and each October 1 thereafter, the
Commission shall report to the General Assembly, in accordance with § 2–1257 of the State
Government Article, on the information collected from the community colleges under
paragraph (1) of this subsection.

Ch. 674 2026 LAWS OF MARYLAND

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(d)] The Maryland Department of Health, on request, may provide assistance to a
community college in:

(1) Developing a plan under this section; and

(2) Consulting and collaborating with organizations with expertise in
pr