1. (a)

   1. (1) In this section the following words have the meanings indicated.
   2. (2) “Midwife” means a registered nurse certified as a nurse-midwife or a licensed certified midwife.

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

      1. (i) Certified as a nurse practitioner; and
      2. (ii) Authorized to prescribe drugs under regulations adopted by the Board.

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

      1. (i) Is physically present on the premises where the prescription is filled; and
      2. (ii) Performs a final check of the prescription before it is provided to the patient.

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

      1. (i) Of short duration of 72 hours or less; or
      2. (ii) Prior to obtaining a larger quantity of the drug to complete therapy.

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

   1. (1) The starter dosage complies with the labeling requirements of § 12-505 of this article;
   2. (2) No charge is made for the starter dosage; and
   3. (3) The nurse practitioner or midwife enters an appropriate record in the patient's medical record.

3. (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. (1) A medical facility or clinic that specializes in the treatment of medical cases reimbursable through workers' compensation insurance;
   2. (2) A medical facility or clinic that is operated on a nonprofit basis;
   3. (3) A health center that operates on a campus of an institution of higher education;
   4. (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. (5) A nonprofit hospital or a nonprofit hospital outpatient facility as authorized under the policies established by the hospital.

4. (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. (1) Comply with the labeling requirements of § 12-505 of this article;
   2. (2) Record the dispensing of the prescription drug on the patient's chart;
   3. (3) Allow the Office of Controlled Substances Administration to enter and inspect the nurse practitioner's office at all reasonable hours; and
   4. (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.

Added by Acts 1993, c. 454, § 1, eff. Oct. 1, 1993. Amended by Acts 2003, c. 252, § 10, eff. July 1, 2003; Acts 2010, c. 77, § 1, eff. Oct. 1, 2010; Acts 2010, c. 78, § 1, eff. Oct. 1, 2010; Acts 2017, c. 62, § 1, eff. April 11, 2017; Acts 2022, c. 135, § 1, eff. April 12, 2022; Acts 2023, c. 367, § 1, eff. Oct. 1, 2023; Acts 2023, c. 368, § 1, eff. Oct. 1, 2023.