2023 Maryland Statutes › Health Occupations › Title 15 - Physician Assistants › Subtitle 3 - Certification › Section 15-302.2 - Delegation of Prescribing and Administering of Controlled Dangerous Substances, Prescription Drugs, or Medical Devices

(a)    A primary supervising 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 delegation agreement:
(1)    A notice of intent to delegate prescribing and, if applicable, dispensing of 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 regulations;
(3)    An attestation that all medical charts or records will contain a notation of any prescriptions written or 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 supervising physician’s name, business address, and business telephone number legibly written or printed;
(5)    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
(6)    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 primary supervising 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 primary supervising 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 primary supervising 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)    A physician assistant personally may prepare and dispense a drug that the physician assistant is authorized to prescribe under a delegation agreement if:
(1)    Except as otherwise provided under § 12–102(g) of this article, the supervising physician possesses a dispensing permit; and
(2)    The physician assistant dispenses drugs only within:
(i)    The supervising physician’s scope of practice; and
(ii)    The scope of the delegation agreement.
(d)    A physician assistant who personally dispenses a drug in the course of treating a patient as authorized under subsections (b) and (c) of this section shall comply with the requirements under Titles 12 and 14 of this article and applicable federal law and regulations.
(e)    Before a physician assistant may renew a license for an additional 2–year term under § 15–307 of this subtitle, the physician assistant shall submit evidence to the Board of successful completion of 8 category 1 hours of pharmacology education within the previous 2 years.