Current with changes from the 2024 Legislative Session
Section 15-302.2 - Delegation of prescribing and administering of controlled dangerous substances, prescription drugs, or medical devices(a) A patient care team physician may not delegate prescribing, dispensing, and administering of controlled dangerous substances, prescription drugs, or medical devices unless the primary supervising physician and physician assistant include in the collaboration agreement: (1) The authority of the physician assistant to prescribe and, if applicable, dispense controlled dangerous substances, prescription drugs, or medical devices;(2) An attestation that all prescribing and, if applicable, dispensing activities of the physician assistant will comply with applicable federal and State law and regulations;(3) An attestation that all medical charts or records will contain a notation of any prescriptions dispensed by a physician assistant in accordance with this section;(4) An attestation that all prescriptions written or dispensed under this section will include the physician assistant's name and the patient care team physician's name, business address, and business telephone number legibly written or printed;(5) An attestation that all prescriptions written under this section will include the physician assistant's name, business address, and business telephone number legibly written or printed;(6) An attestation that the physician assistant has: (i) Passed the physician assistant national certification exam administered by the National Commission on the Certification of Physician Assistants within the previous 2 years; or(ii) Successfully completed 8 category 1 hours of pharmacology education within the previous 2 years; and(7) An attestation that the physician assistant has: (i) A bachelor's degree or its equivalent; or(ii) Successfully completed 2 years of work experience as a physician assistant.(b)(1) A patient care team physician may not delegate the prescribing or dispensing of substances that are identified as Schedule I controlled dangerous substances under § 5-402 of the Criminal Law Article.(2) A patient care team physician may delegate the prescribing or dispensing of substances that are identified as Schedules II through V controlled dangerous substances under § 5-402 of the Criminal Law Article, including legend drugs as defined under § 503(b) of the Federal Food, Drug, and Cosmetic Act.(3) A patient care team physician may not delegate the prescribing or dispensing of controlled dangerous substances to a physician assistant unless the physician assistant has a valid: (i) State controlled dangerous substance registration; and(ii) Federal Drug Enforcement Agency (DEA) registration. (c)(1) A patient care team physician may authorize a physician assistant to personally prepare and dispense a drug that the physician assistant is authorized to prescribe under a collaboration agreement if: (i) Except as otherwise provided under § 12-102(g) of this article, the patient care team physician possesses a dispensing permit; and(ii) The physician assistant dispenses drugs only within: 1. The patient care team physician's scope of practice; and2. The scope of the collaboration agreement.(2) A patient care team physician may delegate any dispensing duties, including the performance of the final check of prescriptions as required under § 12-102(a)(4)(ii) of this article.(d) If a patient care team physician who has delegated authority to exercise prescriptive authority to a physician assistant subsequently restricts or removes the delegation, the patient care team physician shall notify the Board of the restriction or removal within 5 business days. Amended by 2024 Md. Laws, Ch. 920,Sec. 1, eff. 10/1/2024.Amended by 2024 Md. Laws, Ch. 919,Sec. 1, eff. 10/1/2024.Amended by 2018 Md. Laws, Ch. 443, Sec. 1, eff. 10/1/2018.Amended by 2018 Md. Laws, Ch. 442, Sec. 1, eff. 10/1/2018.This section is set out more than once due to postponed, multiple, or conflicting amendments.