Title 16, Chapter 13, Section 41
( 16-13-41)
(a) Except when dispensed directly by a registered practitioner,
other than a pharmacy or pharmacist, to an ultimate user, no
controlled substance in Schedule II may be dispensed without the
written prescription of a registered practitioner. (b) When a registered practitioner writes a prescription to cause
the dispensing of a Schedule II substance, he shall include the name
and address of the person for whom it is prescribed, the kind and
quantity of such Schedule II controlled substance, the directions
for taking, the signature, and the name, address, and federal
registration number of the prescribing practitioner. Such
prescriptions shall be signed and dated by the prescribing
practitioner on the date when issued. (c) In emergency situations, as defined by rule of the State Board of Pharmacy, Schedule II drugs may be dispensed upon oral prescription of a registered practitioner, reduced promptly to writing and filed by the pharmacy. Prescriptions shall be retained in conformity with the requirements of Code Section 16-13-39. No prescription for a Schedule II substance may be refilled. (d)(1) Except when dispensed directly by a practitioner, other
than a pharmacy or pharmacist, to an ultimate user, a controlled
substance included in Schedule III, IV, or V, which is a
prescription drug as determined under any law of this state or the
Federal Food, Drug and Cosmetic Act, 21 U.S.C. Section 301, 52
Stat. 1040 (1938), shall not be dispensed without a written or
oral prescription of a registered practitioner. The prescription
shall not be filled or refilled more than six months after the
date on which such prescription was issued or be refilled more
than five times. (2) When a registered practitioner writes a prescription to cause
the dispensing of a Schedule III, IV, or V controlled substance,
he shall include the name and address of the person for whom it is
prescribed, the kind and quantity of such controlled substance,
the directions for taking, the signature, and the name, address,
and federal registration number of the prescribing practitioner.
Such prescriptions shall be signed and dated by the prescribing
practitioner on the date when issued. (e) A controlled substance included in Schedule V shall not be
distributed or dispensed other than for a legitimate medical
purpose. (f) No person shall prescribe or order the dispensing of a
controlled substance, except a registered practitioner who is: (1) Licensed or otherwise authorized by this state to prescribe
controlled substances; (2) Acting in the usual course of his professional practice; and (3) Prescribing or ordering such controlled substances for a
legitimate medical purpose. (g) No person shall fill or dispense a prescription for a controlled substance except a person who is licensed by this state as a pharmacist or a pharmacy intern acting under the immediate and direct personal supervision of a licensed pharmacist in a pharmacy licensed by the State Board of Pharmacy, provided that this subsection shall not prohibit a registered physician, dentist, veterinarian, or podiatrist authorized by this state to dispense controlled substances as provided in this article if such registered person complies with all record-keeping, labeling, packaging, and storage requirements regarding such controlled substances and imposed upon pharmacists and pharmacies in this chapter and in Chapter 4 of Title 26 and complies with the requirements of Code Section 26-4-130. (h) It shall be unlawful for any practitioner to issue any
prescription document signed in blank. The issuance of such document
signed in blank shall be prima-facie evidence of a conspiracy to
violate this article. The possession of a prescription document
signed in blank by a person other than the person whose signature
appears thereon shall be prima-facie evidence of a conspiracy
between the possessor and the signer to violate the provisions of
this article. |