Code of Maine Rules
02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION
380 - STATE BOARD OF NURSING
Chapter 8 - REGULATIONS RELATING TO ADVANCED PRACTICE REGISTERED NURSING
Section 380-8-6 - General Regulations Relating to Prescriptive and Dispensing Authority for Certified Nurse Practitioners, Certified Registered Nurse Anesthetists and Certified Nurse-Midwives
Universal Citation: 02 ME Code Rules ยง 380-8-6
Current through 2024-13, March 27, 2024
1. Requirements for prescriptive authority for certified nurse practitioners, certified registered nurse anesthetists and certified nurse-midwives
A. If the applicant has
not prescribed drugs within the past 2 years, the applicant shall provide
evidence of satisfactory completion of 15 contact hours of pharmacology within
the 2 years prior to applying for approval to practice.
B. If the applicant has not prescribed drugs
within the past 5 years, the applicant shall provide evidence of satisfactory
completion of 45 contact hours (or 3 credits) of pharmacology within the 2
years prior to applying for approval to practice.
2. Provision for certified nurse practitioners, certified registered nurse anesthetists and certified nurse-midwives with prescriptive authority in other U.S. jurisdictions
A. A certified nurse practitioner, certified
registered nurse anesthetist or certified nurse-midwife who holds prescriptive
authority in another U.S. jurisdiction must submit evidence of the following:
(1) minimum of 200 hours of practice in an
expanded specialty role within the preceding 2 years; and
(2) 45 contact hours (or 3 credits) of
pharmacology equivalent to the requirements setforth in Section 6(3)(A) and
(B).
B. If the applicant
has not prescribed drugs within the past 2 years, the applicant shall provide
evidence of satisfactory completion of 15 contact hours of pharmacology within
the 2 years prior to applying for approval to practice.
C. If the applicant has not prescribed drugs
within the past 5 years, the applicant shall provide evidence of satisfactory
completion of 45 contact hours (or 3 credits) of pharmacology within the 2
years prior to applying for approval to practice.
3. Pharmacology course requirements
A. The required 45 contact
hours (or 3 credits) of pharmacology may be obtained in a formal academic
setting as a discrete offering or as non-credit continuing education
offerings.
B. A pharmacology course
acceptable to the Board shall include:
(1)
applicable federal/state laws;
(2)
prescription writing;
(3) drug
selection, dosage and route;
(4)
drug interactions;
(5) information
resources; and
(6) clinical
application of pharmacology related to specific scope of practice.
C. The applicant shall submit
evidence of successful completion of the course and/or continuing education
offering in pharmacology.
4. Requirements for authorized prescription and dispensing
A. In
addition to the required client and drug information, a written prescription
shall include the date, printed name, legal signature, specialty category,
business address, and telephone number of the prescribing certified nurse
practitioner, certified registered nurse anesthetist, or certified
nurse-midwife.
B. Certified nurse
practitioners and certified nurse midwives may write prescriptions for medical
appliances and devices and forover-the-counter drugs. Certified registered
nurse anesthetists may write prescriptions for prescription drugs consistent
with the prescribed authority granted to them pursuant to
32 M.R.S.A.
22113 )E and section
7(1) C.
C. Drugs in the formulary may be prescribed,
administered, dispensed, or distributed incombination.
D. Any product name drug may be prescribed,
administered, dispensed, or distributed as long as the generic name or category
for the drug is in the formulary.
E. The certified nurse practitioner,
certified registered nurse anesthetist and certified nurse-midwife shall comply
with all applicable laws and rules in prescribing, administering, dispensing,
and distributing drugs, including compliance with the labeling requirements and
all other applicable requirements of the Maine Board of Pharmacy.
F. For the administration, dispensing, and
distribution of controlled substances, the certified nurse practitioner,
certified registered nurse anesthetist, and certified nurse-midwife shall
comply with the requirements in the Code of Federal Regulations, 21CFR Chapter
II, Sections 1301, 1304.03 and 1304.04.
G.
Treatment or prescribing to self,
family, or friends
a. Advanced
practice registered nurses should not provide medical treatment or prescribe
medications to any individual with whom they have a close personal
relationship, except as provided in Section 6(4)(G)(c) in an established
clinical relationship.
b. Treatment
of an individual shall be based on a bona fide practitioner-patient
relationship. This includes obtaining informed consent, performing and
documenting a history and physical exam, creation and maintenance of
appropriate medical records, providing follow-up care, and referral to
specialty consultation (if applicable).
c. Certified nurse practitioners and
certified nurse-midwives may not prescribe medications to themselves, family
members, or friends unless the prescribing occurs in an emergency where there
is no other qualified practitioner available to treat the patient. In this
circumstance, the advanced practice registered nurse is expected to meet all
standards of care including the documentation of the individual's history, exam
assessment, and plan (including the reason for the emergency prescription).
Certified nurse practitioners and certified nurse mid-wives are strongly
discouraged from prescribing controlled substances to self, family, or friends
under any circumstances. Certified registered nurse anesthetists are limited to
the prescriptive authority provided by
32 M.R.S.A.
22113 ) E and Section
7(1) C.
d. Failure to follow these rules may be
grounds for discipline by the Board.
5. Termination of prescriptive or dispensing authority
A. The Board may
restrict, deny, suspend, or revoke prescriptive and/or dispensing authority for
violations of 32 MRSA Chapter 31 (Law Regulating the Practice of Nursing) or
evidence of abuse of such authority.
B. Abuse of prescriptive or dispensing
authority constitutes conduct derogatory to nursing standards and is defined
as:
(1) prescribing, dispensing,
administering, or distributing drugs not listed in the formulary;
(2) prescribing, dispensing, administering,
or distributing drugs for other than therapeutic or prophylactic
purposes;
(3) prescribing or
distributing drugs to individuals who are not clients of the certified nurse
practitioner, certified registered nurse anesthetist, or certified
nurse-midwife or who are not within that nurse's specialty area of
certification;
(4) prescribing,
dispensing, administering, or distributing drugs in an unsafe manner or without
adequate instructions to clients according to acceptable and prevailing
standards of practice;
(5) selling,
purchasing, trading, or offering to sell, purchase, or trade drug samples;
or
(6) failing to inform the client
that s/he has the freedom to select the source from which prescriptions may be
filled.
C. The Board
will notify the Maine Board of Pharmacy when an advanced practice registered
nurse's prescriptive authority has beenrestricted, denied, suspended or
revoked.
6. Distribution of drug samples
A.
Certified nurse practitioners or certified nurse-midwives may receive
prepackaged complimentary samples of drugs included in the formulary for
prescription writing and may distribute these samples to clients.
B. Distribution of drug samples shall be in
accordance with D.E.A. laws, regulations, and guidelines.
Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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