As previously stated, a prescription not issued in the usual course of professional practice or not for legitimate medical/research purposes is not considered valid. Both the practitioner and the pharmacy have a responsibility to ensure that only legitimate prescriptions are written and filled.

General Information

What are the basic requirements for prescribing, dispensing, and importing controlled substances?

Only practitioners acting in the usual course of their professional practice may prescribe controlled substances. These practitioners must be registered with DEA and licensed to prescribe controlled substances by the State(s) in which they operate. Pharmacies filling prescriptions for controlled substances must also be registered with DEA and licensed to dispense controlled substances by the State(s) in which they operate. A prescription not issued in the usual course of professional practice or not for legitimate and authorized research is not considered valid. Both the practitioner and the pharmacy have a responsibility to ensure that only legitimate prescriptions are written and filled.

Pharmacists must receive written and manually signed prescriptions for Schedule II substances. They may receive oral or faxed prescriptions for Schedule III-V substances

provided they confirm the legitimacy of the prescription and the practitioner. Prescriptions for Schedule II controlled substances may not be refilled. Prescriptions for Schedule III-V controlled substances may be authorized to be refilled

five times, but no prescription may be filled or refilled more than six months after the date on which the prescription was issued. Only those people who are registered with DEA as importers and who are in compliance with DEA requirements may have controlled substances shipped into the customs territory or jurisdiction of the U.S. from a foreign country.

DEA regulations covering prescriptions can be found in Title 21 of the Code of Federal Regulations, part 1306; rules on importers are found in 21 CFR 1312.

Questions for DEA Registrants

Is it legal for Internet pharmacies to approach a physician to write prescriptions based on?

on-line consultations with customers/consumer?

A physician may use the Internet to provide information and to communicate with the patient, but it cannot be the sole basis for authorizing prescriptions. If a doctor/patient relationship exists, a doctor can use the Internet to communicate with patients. Where a doctor/patient relationship exists, the doctor may use the Internet to receive requests for treatment. DEA cautions, however, that such requests for treatment should be logical based upon a doctor's knowledge of the patient's medical history and the medical complaint. The doctor may also use the Internet to receive requests for refills of prescriptions from patients.

 

Can an independent pharmacy purchase supplies on the Internet? What procedures must be followed?

Pharmacies can use the Internet to facilitate their purchases; however, the basic regulations' regarding registration and recordkeeping apply. The pharmacy can only purchase from a registered supplier and the pharmacy must maintain complete and accurate records describing the name, address and registration number of the supplier, a description of the drugs purchased, and the date the drugs are received. For Schedule II controlled substances, official DEA Order Forms must be used. Recordkeeping requirements for dispensers can be found in Section 1304 of the Code of Federal Regulations (see 21 CFR 1304.22(c». Recordkeeping requirements pertaining to the use of official Order Forms can be found in Section 1305 of the Code of Federal Regulations.

Does the label on a prescription filled via the Internet indicate the Internet pharmacy or the registered location that filled the prescription? The label must list the name and registered location of the pharmacy that dispensed the controlled substance.

Does being an Internet pharmacy change a pharmacy's responsibilities under DEA regulations?

No, Internet pharmacies are still authorized to sell controlled substances only when there is a valid prescription from a DEA-registered practitioner who issued the prescription in the usual course of his or her professional practice.

Is it possible for an Internet pharmacy to fill prescriptions for Schedule II controlled substances?

An Internet pharmacy may fill valid prescriptions for Schedule II substances if the patient or prescribers provides the

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