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))."