Additional Excerpts of Laws
Relevant to the Practice of Nurse Practitioners
Medical Practice Act Delegatory Clause
63-6-204. Practice of Medicine Defined — (b)Nothing in this chapter shall be so construed as to prohibit service rendered by a physician assistant, a registered nurse, or a licensed practical nurse if such service is rendered under the supervision, control and responsibility of a licensed physician. (See Medical Board Rules Chapter 0880-6)
Osteopathic Practice Act Delagatory Clause
63-9-113. Supervised osteopathic medical service by physician assistant, registered nurse, or licensed practical nurse not prohibited. — Nothing in this chapter shall be so construed as to prohibit osteopathic medical service rendered by a physician assistant, registered nurse, or licensed practical nurse if such osteopathic medical service is rendered under the supervision, control and responsibility of a licensed osteopathic physician.
[Acts 1992, ch. 604, õ5.]
Legend Drug Act
53-10-104. Selling, bartering, giving away or obtaining legend drugs. -(a)(1) It is unlawful for any person, firm or corporation to possess, sell, barter or give away any drug known as legend drugs, as defined in õ 53-10-101, except upon the written prescription of a duly licensed physician, certified physician assistant, nurse authorized pursuant to õ63-6-204 or õ63-9-113, who is rendering service under the supervision, control and responsibility of a licensed physician, and who meets the requirements pursuant to õ63-7-123, dentist, optometrist authorized pursuant to õ63-8-102(12), or veterinarian, and compounded or dispensed by a duly registered pharmacist.
(b)It is unlawful for any person, firm or corporation to obtain or to attempt to obtain a legend drug, or to procure or to attempt to procure the administration of a legend drug, by fraud, deceit, misrepresentation, subterfuge, forgery, alteration of a prescription, by the concealment of a material fact, or by the use of a false name or address; provided, that it shall nevertheless be unlawful for any person to have such prescription filled by mail. The provisions of the proviso to the preceding sentence shall not apply to any person or firm whose mail order business is not more than fifteen percent (15%) of such person’s or its total volume of business.
(c)Under no circumstances shall a nurse practitioner who has met the additional requirements of õ63-7-207(14) to write and sign prescriptions and/or issue drugs nor a physician assistant working under a physician’s supervision be delegated the authority to prescribe drugs which involve the following:
(1)The writing or signing a prescription for any drug or medication;
(2)The dispensing or administration of any prescribed or legend drug or medication; or
(3)The performing of any procedure which involves the use of a legend drug or medication whose sole purpose is to cause or perform an abortion.
Pharmacy Act
63-10-101.
(7)Prescription means and includes any order, written or verbal by a physician, nurse authorized pursuant to õ63-6-204, who is rendering service under the supervision, control, and responsibility of a licensed physician, and who meets the requirements pursuant to õ63-7-207(14), dentist, veterinarian, optometrist authorized pursuant to õ63-8-102(12), or other allied medical practitioner, for any drug, medicine or poison. Nothing in this chapter shall prohibit the verbal communication of a direct order for a prescription from a physician to a pharmacist by a registered nurse or physician’s assistant pursuant to õ63-6-204.