Prescriptions
Schedule II substances
Schedule III and IV substances
Schedule V substances
Non-prescription drugs with abuse potential
Controlled substances dispensed by means of the Internet
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.
As used in this subsection:
The term “valid prescription” means a prescription that is issued for a legitimate medical purpose in the usual course of professional practice by—
a practitioner who has conducted at least 1 in-person medical evaluation of the patient; or
a covering practitioner.
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.
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.
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—
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
is temporarily unavailable to conduct the evaluation of the patient.
Nothing in this subsection shall apply to—
the delivery, distribution, or dispensing of a controlled substance by a practitioner engaged in the practice of telemedicine; or
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.
Partial fills of schedule II controlled substances
Partial fills
A prescription for a controlled substance in schedule II may be partially filled if—
it is not prohibited by State law;
the prescription is written and filled in accordance with this subchapter, regulations prescribed by the Attorney General, and State law;
the partial fill is requested by the patient or the practitioner that wrote the prescription; and
the total quantity dispensed in all partial fillings does not exceed the total quantity prescribed.
Remaining portions
In general
Except as provided in subparagraph (B), remaining portions of a partially filled prescription for a controlled substance in schedule II—
may be filled; and
shall be filled not later than 30 days after the date on which the prescription is written.
Emergency situations
In emergency situations, as described in subsection (a), the remaining portions of a partially filled prescription for a controlled substance in schedule II—
may be filled; and
shall be filled not later than 72 hours after the prescription is issued.
Currently lawful partial fills
Source
(Pub. L. 91–513, title II, § 309,Notes
Editorial Notes
References in Text
Amendments
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Effective Date
Construction of 2016 Amendment
Dispensation of Narcotic Drugs for the Purpose of Relieving Acute Withdrawal Symptoms From Opioid Use Disorder
Programs and Materials for Training on Certain Circumstances Under Which a Pharmacist May Decline To Fill a Prescription
In General.—
The Secretary of Health and Human Services, in consultation with the Administrator of the Drug Enforcement Administration, Commissioner of Food and Drugs, Director of the Centers for Disease Control and Prevention, and Assistant Secretary for Mental Health and Substance Use, shall develop and disseminate not later than 1 year after the date of enactment of the Restoring Hope for Mental Health and Well-Being Act of 2022 [
circumstances under which a pharmacist may, consistent with section 309 of the Controlled Substances Act (21 U.S.C. 829) and regulations thereunder, including section 1306.04 of title 21, Code of Federal Regulations, decline to fill a prescription for a controlled substance because the pharmacist suspects the prescription is fraudulent, forged, or of doubtful, questionable, or suspicious origin; and
other Federal requirements pertaining to declining to fill a prescription under such circumstances, including the partial fill of prescriptions for certain controlled substances.
Materials Included.—
In developing materials under subsection (a), the Secretary of Health and Human Services shall include information for—
pharmacists on how to verify the identity of the patient;
pharmacists on how to decline to fill a prescription and actions to take after declining to fill a prescription; and
other health care practitioners and the public on a pharmacist’s ability to decline to fill prescriptions in certain circumstances and a description of those circumstances (as described in the materials developed under subsection (a)(1)).
Stakeholder Input.—
In developing the programs and materials required under subsection (a), the Secretary of Health and Human Services shall seek input from relevant national, State, and local associations, boards of pharmacy, medical societies, licensing boards, health care practitioners, and patients, including individuals with chronic pain.
Materials for Training on Verification of Identity.—
Not later than 1 year after the date of enactment of this subsection [
update the materials developed under subsection (a) to include information for pharmacists on how to verify the identity of the patient; and
disseminate, as appropriate, the updated materials.”