§828. Order forms — Inbound Citations

Code of Federal Regulations Citations

Cited by 2 regulations in the Code of Federal Regulations.

• 21 C.F.R. § 1305.01 — Scope of part 1305.

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  Procedures governing the issuance, use, and preservation of orders for Schedule I and II controlled substances are set forth generally by section 308 of the Act (21 U.S.C. 828) and specifically by the sections of this part.

• 21 C.F.R. § 1305.05(c) — Power of attorney.

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  (c) The power of attorney and notice of revocation must be similar to the following format:

  I, ____________ (name of person granting power), the undersigned (the registrant, if an individual; a partner of the registrant, if a partnership; or an officer of the registrant, if a corporation, corporate division, association, trust or other entity), have made, constituted, and appointed, and by these presents, do make, constitute, and appoint _____ (name of attorney-in-fact), my true and lawful attorney for me in my name, place, and stead, to execute applications for Forms 222 and to sign orders for schedule I and II controlled substances, whether these orders be on Form 222 or electronic, in accordance with 21 U.S.C. 828 and Part 1305 of Title 21 of the Code of Federal Regulations. I hereby ratify and confirm all that said attorney must lawfully do or cause to be done by virtue hereof.

  I, ____________ (name of attorney-in-fact), hereby affirm that I am the person named herein as attorney-in-fact and that the signature affixed hereto is my signature.

  Witnesses:

  1. ________________

  2. ________________

  Signed and dated on the ________ day of ________, (year), at ________________.

  The foregoing power of attorney is hereby revoked by the undersigned (the registrant, if an individual; a partner of the registrant, if a partnership; or an officer of the registrant, if a corporation, corporate division, association, trust or other entity). Written notice of this revocation has been given to the attorney-in-fact ____________ this same day.

  Witnesses:

  1. ________

  2. ________

  Signed and dated on the ________ day of ________, (year), at ________________.

Citations to 21 U.S.C. § 828 as a whole

• 21 U.S.C. § 823(k)(7)

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  (7) The delivery of controlled substances by a registered emergency medical services agency pursuant to this subsection shall not be treated as distribution for purposes of section 828 of this title.

• 21 U.S.C. § 823(k)(8)

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  (8) Notwithstanding paragraph (13)(J), a registered emergency medical services agency may receive controlled substances from a hospital for purposes of restocking an emergency medical services vehicle following an emergency response, and without being subject to the requirements of section 828 of this title, provided all of the following conditions are satisfied:

  (A) The registered or designated location of the agency where the vehicle is primarily situated maintains a record of such receipt in accordance with paragraph (9).

  (B) The hospital maintains a record of such delivery to the agency in accordance with section 827 of this title.

  (C) If the vehicle is primarily situated at a designated location, such location notifies the registered location of the agency within 72 hours of the vehicle receiving the controlled substances.

• 21 U.S.C. § 843(a)(1)

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  (1) who is a registrant to distribute a controlled substance classified in schedule I or II, in the course of his legitimate business, except pursuant to an order or an order form as required by section 828 of this title;