WES MOORE, Governor Ch. 328
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Chapter 328
(House Bill 278)
AN ACT concerning
Health Occupations – Clinical Nurse Specialists – Prescribing
FOR the purpose of defining “clinical nurse specialist” and “practice as a clinical nurse
specialist” for the purpose of authorizing clinical nurse specialists to prescribe drugs
and durable medical equipment under regulations adopted by the State Board of
Nursing; altering the definition of “authorized prescriber” for purposes of the
Maryland Pharmacy Act to include clinical nurse specialists; authorizing a licensed
physician to personally prepare and dispense a prescription written by a clinical
nurse specialist; and generally relating to the prescription authority of clinical nurse
specialists.
BY repealing and reenacting, without amendments,
Article – Health Occupations
Section 8–101(a) and (b)
Annotated Code of Maryland
(2021 Replacement Volume and 2022 Supplement)
BY adding to
Article – Health Occupations
Section 8–514
Annotated Code of Maryland
(2021 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, with amendments,
Article – Health Occupations
Section 12–101(b) and 12–102(c)(2)(iv)2.
Annotated Code of Maryland
(2021 Replacement Volume and 2022 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Health Occupations
8–101.
(a) In this title the following words have the meanings indicated.
(b) “Advanced practice registered nurse” means an individual who:
(1) (i) Is licensed by the Board to practice registered nursing; or Ch. 328 2023 LAWS OF MARYLAND
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(ii) Has a multistate licensure privilege to practice registered
nursing under the Nurse Licensure Compact; and
(2) Is certified by the Board to practice as:
(i) A nurse practitioner;
(ii) A nurse anesthetist;
(iii) A nurse midwife; or
(iv) A clinical nurse specialist.
8–514.
(A) (1) IN THIS SECTION THE FOL LOWING WORDS HAVE TH E MEANINGS
INDICATED.
(2) “CLINICAL NURSE SPECIA LIST” MEANS AN INDIVIDUAL WHO IS:
(I) 1. LICENSED IS LICENSED BY THE BOARD TO PRACTICE
REGISTERED NURSING ; OR
2. HAS A MULTISTATE LICE NSURE PRIVILEGE TO
PRACTICE REGISTERED NURSING UNDER THE NURSE LICENSURE COMPACT; AND
(II) CERTIFIED IS CERTIFIED BY THE BOARD TO PRACTICE AS A
CLINICAL NURSE SPECI ALIST; AND
(III) AUTHORIZED TO PRESCRI BE DRUGS AND DURABLE
MEDICAL EQUIPMENT UN DER REGULATIONS ADOP TED BY THE BOARD.
(3) (I) “PRACTICE AS A CLINICA L NURSE SPECIALIST ” MEANS TO:
1. PROVIDE DIRECT CARE T O PATIENTS WITH COMP LEX
NEEDS;
2. ACT AS A CONSULTANT T O ANOTHER HEALTH CAR E
PROVIDER AS NEEDED ;
3. CONDUCT HEALTH –RELATED RESEARCH ; AND
WES MOORE, Governor Ch. 328
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4. PROVIDE EDUCATION AND GUIDANCE FOR STAFF
NURSES.
(II) “PRACTICE AS A CLINICA L NURSE SPECIALIST ” INCLUDES:
1. ORDERING, PERFORMING , AND INTERPRETING
LABORATORY TESTS ;
2. ORDERING DIAGNOSTIC T ESTS AND USING THE
FINDINGS OR RESULTS IN THE CARE OF PATIE NTS;
3. PRESCRIBING DRUGS AND DURABLE MEDICAL
EQUIPMENT AS PROVIDED UNDER PA RAGRAPH (2)(III) OF THIS SUBSECTION UNDER
REGULATIONS ADOPTED BY THE BOARD;
4. ORDERING HOME HEALTH AND HOSPICE CARE ; AND
5. INITIATING, MONITORING, AND ALTERING
APPROPRIATE THERAPIE S OR TREATMENTS .
(B) PRACTICE AS A CLINICA L NURSE SPECIALIST I S GOVERNED BY RULES
AND REGULATIONS THAT ARE ADOPTED UNDER § 8–205 OF THIS TITLE AND TH AT
CONCERN ADDITIONAL A CTS IN THE PRACTICE OF REGISTERED NURSIN G.
12–101.
(b) “Authorized prescriber” means any licensed dentist, licensed dental hygienist
with prescriptive authority under § 4–206.4 of this article, licensed physician, licensed
podiatrist, licensed veterinarian, advanced practice REGISTERED nurse with prescriptive
authority under § 8–508 OR § 8–514 TITLE 8 of this article, licensed nurse anesthetist, or
other individual authorized by law to prescribe prescription or nonprescription drugs or
devices.
12–102.
(c) (2) This title does not prohibit:
(iv) A licensed physician who complies with the requirements of item
(ii) of this paragraph from personally preparing and dispensing a prescription written by:
2. [A nurse practitioner who is authorized to practice under
Title 8, Subtitle 3] AN ADVANCED PRACTICE REGISTERED NURSE WIT H
PRESCRIPTIVE AUTHORI TY UNDER § 8–508 OR § 8–514 TITLE 8 of this article and is
working with the physician in the same office setting; or
Ch. 328 2023 LAWS OF MARYLAND
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2023.
Approved by the Governor, May 3, 2023.