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Statutes Text

Article - Health Occupations


    (a)    (1)    In this section the following words have the meanings indicated.

        (2)    “Nurse practitioner” means a registered nurse who is:

            (i)    Certified as a nurse practitioner; and

            (ii)    Authorized to prescribe drugs under regulations adopted by the State Board of Nursing.

        (3)    “Starter dosage” means an amount of drug sufficient to begin therapy:

            (i)    Of short duration of 72 hours or less; or

            (ii)    Prior to obtaining a larger quantity of the drug to complete therapy.

        (4)    “Personally prepare and dispense” means that a nurse practitioner:

            (i)    Is physically present on the premises where the prescription is filled; and

            (ii)    Performs a final check of the prescription before it is provided to the patient.

    (b)    A nurse practitioner may personally prepare and dispense a starter dosage of any drug the nurse practitioner is authorized to prescribe to a patient of the nurse practitioner if:

        (1)    The starter dosage complies with the labeling requirements of § 12–505 of this article;

        (2)    No charge is made for the starter dosage; and

        (3)    The nurse practitioner enters an appropriate record in the patient’s medical record.

    (c)    In accordance with the provisions of subsection (d) of this section, a nurse practitioner may personally prepare and dispense any drug that a nurse practitioner may prescribe to the extent permitted by law in the course of treating a patient at:

        (1)    A medical facility or clinic that specializes in the treatment of medical cases reimbursable through workers’ compensation insurance;

        (2)    A medical facility or clinic that is operated on a nonprofit basis;

        (3)    A health center that operates on a campus of an institution of higher education;

        (4)    A public health facility, a medical facility under contract with a State or local health department, or a facility funded with public funds; or

        (5)    A nonprofit hospital or a nonprofit hospital outpatient facility as authorized under the policies established by the hospital.

    (d)    A nurse practitioner who personally prepares and dispenses a drug in the course of treating a patient as authorized under subsection (c) of this section shall:

        (1)    Comply with the labeling requirements of § 12–505 of this article;

        (2)    Record the dispensing of the prescription drug on the patient’s chart;

        (3)    Allow the Office of Controlled Substances Administration to enter and inspect the nurse practitioner’s office at all reasonable hours; and

        (4)    Except for starter dosages or samples dispensed without charge, provide the patient with a written prescription, maintain prescription files, and maintain a separate file for Schedule II prescriptions for a period of at least 5 years.

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