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CITE

    21 USC Sec. 829                                             01/05/2009

EXPCITE

    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part C - Registration of Manufacturers, Distributors, and Dispensers
              of Controlled Substances

HEAD

    Sec. 829. Prescriptions

STATUTE

    (a) Schedule II substances
      Except when dispensed directly by a practitioner, other than a
    pharmacist, to an ultimate user, no controlled substance in
    schedule II, which is a prescription drug as determined under the
    Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.], may
    be dispensed without the written prescription of a practitioner,
    except that in emergency situations, as prescribed by the Secretary
    by regulation after consultation with the Attorney General, such
    drug may be dispensed upon oral prescription in accordance with
    section 503(b) of that Act [21 U.S.C. 353(b)]. Prescriptions shall
    be retained in conformity with the requirements of section 827 of
    this title. No prescription for a controlled substance in schedule
    II may be refilled.
    (b) Schedule III and IV substances
      Except when dispensed directly by a practitioner, other than a
    pharmacist, to an ultimate user, no controlled substance in
    schedule III or IV, which is a prescription drug as determined
    under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et
    seq.], may be dispensed without a written or oral prescription in
    conformity with section 503(b) of that Act [21 U.S.C. 353(b)]. Such
    prescriptions may not be filled or refilled more than six months
    after the date thereof or be refilled more than five times after
    the date of the prescription unless renewed by the practitioner.
    (c) Schedule V substances
      No controlled substance in schedule V which is a drug may be
    distributed or dispensed other than for a medical purpose.
    (d) Non-prescription drugs with abuse potential
      Whenever it appears to the Attorney General that a drug not
    considered to be a prescription drug under the Federal Food, Drug,
    and Cosmetic Act [21 U.S.C. 301 et seq.] should be so considered
    because of its abuse potential, he shall so advise the Secretary
    and furnish to him all available data relevant thereto.
    (e) Controlled substances dispensed by means of the Internet
      (1) No controlled substance that is a prescription drug as
    determined under the Federal Food, Drug, and Cosmetic Act [21
    U.S.C. 301 et seq.] may be delivered, distributed, or dispensed by
    means of the Internet without a valid prescription.
      (2) As used in this subsection:
        (A) The term "valid prescription" means a prescription that is
      issued for a legitimate medical purpose in the usual course of
      professional practice by -
          (i) a practitioner who has conducted at least 1 in-person
        medical evaluation of the patient; or
          (ii) a covering practitioner.
        (B)(i) The term "in-person medical evaluation" means a medical
      evaluation that is conducted with the patient in the physical
      presence of the practitioner, without regard to whether portions
      of the evaluation are conducted by other health professionals.
        (ii) Nothing in clause (i) shall be construed to imply that 1
      in-person medical evaluation demonstrates that a prescription has
      been issued for a legitimate medical purpose within the usual
      course of professional practice.
        (C) The term "covering practitioner" means, with respect to a
      patient, a practitioner who conducts a medical evaluation (other
      than an in-person medical evaluation) at the request of a
      practitioner who -
          (i) has conducted at least 1 in-person medical evaluation of
        the patient or an evaluation of the patient through the
        practice of telemedicine, within the previous 24 months; and
          (ii) is temporarily unavailable to conduct the evaluation of
        the patient.
      (3) Nothing in this subsection shall apply to -
        (A) the delivery, distribution, or dispensing of a controlled
      substance by a practitioner engaged in the practice of
      telemedicine; or
        (B) the dispensing or selling of a controlled substance
      pursuant to practices as determined by the Attorney General by
      regulation, which shall be consistent with effective controls
      against diversion.

SOURCE

    (Pub. L. 91-513, title II, Sec. 309, Oct. 27, 1970, 84 Stat. 1260;
    Pub. L. 110-425, Sec. 2, Oct. 15, 2008, 122 Stat. 4820.)

REFERENCES IN TEXT

      The Federal Food, Drug, and Cosmetic Act, referred to in subsecs.
    (a), (b), (d), and (e)(1), is act June 25, 1938, ch. 675, 52 Stat.
    1040, which is classified generally to chapter 9 (Sec. 301 et seq.)
    of this title. For complete classification of this Act to the Code,
    see section 301 of this title and Tables.
      Schedules II, III, IV, and V, referred to in subsecs. (a) to (c),
    are set out in section 812(c) of this title.

AMENDMENTS

      2008 - Subsec. (e). Pub. L. 110-425 added subsec. (e).
                     EFFECTIVE DATE OF 2008 AMENDMENT
      Amendment by Pub. L. 110-425 effective 180 days after Oct. 15,
    2008, except as otherwise provided, see section 3(j) of Pub. L. 110-
    425, set out as a note under section 802 of this title.
                   EFFECT OF SCHEDULING ON PRESCRIPTIONS
      Pub. L. 101-647, title XIX, Sec. 1902(c), Nov. 29, 1990, 104
    Stat. 4852, provided that: "Any prescription for anabolic steroids
    subject to refill on or after the date of enactment of the
    amendments made by this section [Nov. 29, 1990] may be refilled
    without restriction under section 309(a) of the Controlled
    Substances Act (21 U.S.C. 829(a))."
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