2007 Minnesota Statutes

147A.18 DELEGATED AUTHORITY TO PRESCRIBE, DISPENSE, AND ADMINISTER
DRUGS AND MEDICAL DEVICES.
    Subdivision 1. Delegation. (a) A supervising physician may delegate to a physician assistant
who is registered with the board, certified by the National Commission on Certification of
Physician Assistants or successor agency approved by the board, and who is under the supervising
physician's supervision, the authority to prescribe, dispense, and administer legend drugs, medical
devices, and controlled substances subject to the requirements in this section. The authority to
dispense includes, but is not limited to, the authority to request, receive, and dispense sample
drugs. This authority to dispense extends only to those drugs described in the written agreement
developed under paragraph (b).
(b) The agreement between the physician assistant and supervising physician and any
alternate supervising physicians must include a statement by the supervising physician regarding
delegation or nondelegation of the functions of prescribing, dispensing, and administering of
legend drugs and medical devices to the physician assistant. The statement must include a
protocol indicating categories of drugs for which the supervising physician delegates prescriptive
and dispensing authority. The delegation must be appropriate to the physician assistant's practice
and within the scope of the physician assistant's training. Physician assistants who have been
delegated the authority to prescribe, dispense, and administer legend drugs and medical devices
shall provide evidence of current certification by the National Commission on Certification
of Physician Assistants or its successor agency when registering or reregistering as physician
assistants. Physician assistants who have been delegated the authority to prescribe controlled
substances must present evidence of the certification and hold a valid DEA certificate. Supervising
physicians shall retrospectively review the prescribing, dispensing, and administering of legend
and controlled drugs and medical devices by physician assistants, when this authority has been
delegated to the physician assistant as part of the delegation agreement between the physician
and the physician assistant. This review must take place as outlined in the internal protocol. The
process and schedule for the review must be outlined in the delegation agreement.
(c) The board may establish by rule:
(1) a system of identifying physician assistants eligible to prescribe, administer, and dispense
legend drugs and medical devices;
(2) a system of identifying physician assistants eligible to prescribe, administer, and dispense
controlled substances;
(3) a method of determining the categories of legend and controlled drugs and medical
devices that each physician assistant is allowed to prescribe, administer, and dispense; and
(4) a system of transmitting to pharmacies a listing of physician assistants eligible to
prescribe legend and controlled drugs and medical devices.
    Subd. 2. Termination and reinstatement of prescribing authority. (a) The authority of
a physician assistant to prescribe, dispense, and administer legend drugs and medical devices
shall end immediately when:
(1) the agreement is terminated;
(2) the authority to prescribe, dispense, and administer is terminated or withdrawn by the
supervising physician; or
(3) the physician assistant reverts to inactive status, loses National Commission on
Certification of Physician Assistants or successor agency certification, or loses or terminates
registration status.
(b) The physician assistant must notify the board in writing within ten days of the occurrence
of any of the circumstances listed in paragraph (a).
(c) Physician assistants whose authority to prescribe, dispense, and administer has been
terminated shall reapply for reinstatement of prescribing authority under this section and meet
any requirements established by the board prior to reinstatement of the prescribing, dispensing,
and administering authority.
    Subd. 3. Other requirements and restrictions. (a) The supervising physician and the
physician assistant must complete, sign, and date an internal protocol which lists each category of
drug or medical device, or controlled substance the physician assistant may prescribe, dispense,
and administer. The supervising physician and physician assistant shall submit the internal
protocol to the board upon request. The supervising physician may amend the internal protocol as
necessary, within the limits of the completed delegation form in subdivision 5. The supervising
physician and physician assistant must sign and date any amendments to the internal protocol.
Any amendments resulting in a change to an addition or deletion to categories delegated in
the delegation form in subdivision 5 must be submitted to the board according to this chapter,
along with the fee required.
(b) The supervising physician and physician assistant shall review delegation of prescribing,
dispensing, and administering authority on an annual basis at the time of reregistration. The
internal protocol must be signed and dated by the supervising physician and physician assistant
after review. Any amendments to the internal protocol resulting in changes to the delegation form
in subdivision 5 must be submitted to the board according to this chapter, along with the fee
required.
(c) Each prescription initiated by a physician assistant shall indicate the following:
(1) the date of issue;
(2) the name and address of the patient;
(3) the name and quantity of the drug prescribed;
(4) directions for use; and
(5) the name and address of the prescribing physician assistant.
(d) In prescribing, dispensing, and administering legend drugs and medical devices,
including controlled substances as defined in section 152.01, subdivision 4, a physician assistant
must conform with the agreement, chapter 151, and this chapter.
    Subd. 4. Notification of pharmacies. (a) The board shall annually provide to the Board
of Pharmacy and to registered pharmacies within the state a list of those physician assistants
who are authorized to prescribe, administer, and dispense legend drugs and medical devices, or
controlled substances.
(b) The board shall provide to the Board of Pharmacy a list of physician assistants authorized
to prescribe legend drugs and medical devices every two months if additional physician assistants
are authorized to prescribe or if physician assistants have authorization to prescribe withdrawn.
(c) The list must include the name, address, telephone number, and Minnesota registration
number of the physician assistant, and the name, address, telephone number, and Minnesota
license number of the supervising physician.
(d) The board shall provide the form in subdivision 5 to pharmacies upon request.
(e) The board shall make available prototype forms of the physician-physician assistant
agreement, the internal protocol, the delegation form, and the addendum form.
    Subd. 5. Delegation form for physician assistant prescribing. The delegation form for
physician assistant prescribing must contain a listing by drug category of the legend drugs and
controlled substances for which prescribing authority has been delegated to the physician assistant.
History: 1995 c 205 art 1 s 17; 2001 c 49 s 1; 2005 c 147 art 6 s 1,2