§ 8-508. Preparation and dispensing of drugs by nurse practitioners

   (a) Definitions. --

   (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) Starter dosages. -- 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) Locations. -- 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) Requirements. -- 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 Division of Drug Control 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.

HISTORY: 1993, ch. 454; 2003, ch. 252, § 10; 2010, chs. 77, 78.