Regulations &
Codified CSA > CFR > Section 1306 > Section 1306.04
Section 1306.04 Purpose of issue of prescription.
(a) A prescription for a controlled substance to be effective must be issued for a legitimate
medical purpose by an individual practitioner acting in the usual course of his professional
practice. The responsibility for the proper prescribing and dispensing of controlled substances is
upon the prescribing practitioner, but a corresponding responsibility rests with the pharmacist
who fills the prescription. An order purporting to be a prescription issued not in the usual course
of professional treatment or in legitimate and authorized research is not a prescription within the
meaning and intent of section 309 of the Act (21
U.S.C. 829) and the person knowingly filling
such a purported prescription, as well as the person issuing it, shall be subject to the penalties
provided for violations of the provisions of law relating to controlled substances.
(b) A prescription may not be issued in order for an individual practitioner to obtain controlled
substances for supplying the individual practitioner for the purpose of general dispensing to
patients.
(c) A prescription may not be issued for the dispensing of narcotic drugs listed in any schedule
for "detoxification treatment" or "maintenance treatment"
unless the prescription is for a
Schedule III, IV, or V narcotic drug approved by the Food and Drug
Administration specifically for use in maintenance or detoxification treatment
and the practitioner is in compliance with requirements in ยง1301.28 of this
chapter. blue
[36 FR 7799, Apr. 24, 1971. Redesignated at 38 FR 26609, Sept. 24, 1973, and amended at 39
FR 37986, Oct. 25, 1974]
NOTICE: This is an
unofficial version. An official version of this publication may be obtained
directly from the Government Printing Office (GPO).
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