.08 Prescriptive Authority and Dispensing Starter Dosage or Drug Samples.

A. In order for a primary supervising physician to delegate prescriptive authority, the primary supervising physician shall ensure that the delegation agreement includes:

(1) A statement describing whether the physician intends to delegate any of the following:

(a) Prescribing of:

(i) Controlled dangerous substances;

(ii) Prescription drugs; or

(iii) Medical devices;

(b) Giving verbal, written, or electronic orders for medications;

(c) Dispensing starter dosages or drug samples;

(2) An attestation that all prescribing activities of the physician assistant will comply with applicable federal and State regulations;

(3) An attestation that all medical charts and records will contain a notation of any prescriptions written by a physician assistant;

(4) An attestation that all prescriptions written 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:

(a) Passed the physician assistant national certification exam administered by the National Commission on the Certification of Physician Assistants, Inc. within the previous 2 years; or

(b) Completed 8 Category I hours of pharmacology education within the previous 2 years; and

(6) An attestation that the physician assistant has at least one of the following:

(a) A bachelor's degree or its equivalent; or

(b) 2 years of work experience as a physician assistant.

B. Dispensing of Drug Samples and Starter Dosages of Drugs by Physician Assistant.

(1) A drug sample or starter dosage shall meet the following criteria before a physician assistant may dispense the drug sample or starter dosage:

(a) Package is labeled as required by Health Occupations Article, §12-505, Annotated Code of Maryland; and

(b) No charge is made for the drug sample or starter dosage.

(2) A physician assistant shall enter an appropriate note in the patient’s medical record.

(3) A physician assistant may not delegate dispensing of drug samples or starter dosages.