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21 USC Sec. 829 01/22/02
-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.
-SOURCE-
(Pub. L. 91-513, title II,
Sec. 309, Oct. 27, 1970, 84 Stat. 1260.)
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REFERENCES
IN TEXT
The Federal Food, Drug, and
Cosmetic Act, referred to in subsecs. (a),
(b), and (d), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended,
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.
-MISC2-
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)).''
-SECREF-
SECTION
REFERRED TO IN OTHER SECTIONS
This section is referred
to in sections 842, 902
of this title.
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