# COMAR Title 10 — Maryland Department of Health

## Subtitle 32 — Board of Physicians

### Chapter 03 — Physician Assistant

#### Regulation .09 Prescriptive Authority and Dispensing Starter Dosage or Drug Samples.

*COMAR 10.32.03.09*

A. In order for a patient care team physician to delegate prescriptive authority, the [primary supervising] patient care team physician shall ensure that the collaboration 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 dispensed 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 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.