§829. Prescriptions — Inbound Citations

Code of Federal Regulations Citations

Cited by 6 regulations in the Code of Federal Regulations.

• 21 C.F.R. § 1300.04(a) — Definitions relating to the dispensing of controlled substances by means of the Internet.

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  (a) Any term not defined in this part or elsewhere in this chapter shall have the definition set forth in sections 102 and 309 of the Act (21 U.S.C. 802, 829).

• 21 C.F.R. § 1304.45(b)(7) — Internet Web site disclosure requirements.

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  (7) “This online pharmacy is obligated to comply fully with the Controlled Substances Act and DEA regulations. As part of this obligation, this online pharmacy has obtained a modified DEA registration authorizing it to operate as an online pharmacy. In addition, this online pharmacy will only dispense a controlled substance to a person who has a valid prescription issued for a legitimate medical purpose based upon a medical relationship with a prescribing practitioner. This includes at least one prior in-person medical evaluation in accordance with section 309 of the Controlled Substances Act (21 U.S.C. 829) or a medical evaluation via telemedicine in accordance with section 102(54) of the Controlled Substances Act (21 U.S.C. 802(54)).”

• 21 C.F.R. § 1306.04(a) — Purpose of issue of prescription.

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  (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.

• 21 C.F.R. § 1306.13(b)(2) — Partial filling of prescriptions.

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  (2) If all the conditions of paragraph (b)(1) of this section are satisfied, and the prescription is partially filled, remaining portions of a partially filled prescription for a schedule II controlled substance, if filled, must be filled not later than 30 days after the date on which the prescription is written, except that in the case of an emergency oral prescription, as described in subsection 309(a) of the Act (21 U.S.C. 829(a)), the remaining portions of a partially filled prescription for a schedule II controlled substance, if filled, must be filled not later than 72 hours after the prescription is issued.

• 21 C.F.R. § 1306.51(a) — Telemedicine prescribing of schedule III-V medications for the treatment of Opioid Use Disorder.

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  (a) For purposes of this section, terms defined in part 1300 of this chapter, elsewhere in this chapter, or in 21 U.S.C. 802 and 829 shall have the definitions set forth therein.

• 42 C.F.R. § 12.3(a) — Telemedicine prescribing of schedule III-V medications for the treatment of Opioid Use Disorder.

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  (a) For purposes of this section, terms defined in 21 CFR part 1300, elsewhere in 21 CFR chapter II, or in 21 U.S.C. 802 and 829 shall have the definitions set forth therein.

Citations to 21 U.S.C. § 829 as a whole

• 21 U.S.C. § 802(55)(A)

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  (A) means the dispensing of a controlled substance in schedule III, IV, or V in accordance with refill instructions issued by a practitioner as part of a valid prescription that meets the requirements of subsections (b) and (c) of section 829 of this title, as appropriate; and

• 21 U.S.C. § 802(56)(A)

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  (A) the pharmacy dispensing that prescription has previously dispensed to the patient a controlled substance other than by means of the Internet and pursuant to the valid prescription of a practitioner that meets the applicable requirements of subsections (b) and (c) of section 829 of this title (in this paragraph referred to as the “original prescription”);

• 21 U.S.C. § 842(a)(1)

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  (1) who is subject to the requirements of part C to distribute or dispense a controlled substance in violation of section 829 of this title;

• 21 U.S.C. § 902

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  Nothing in this chapter, except this part and, to the extent of any inconsistency, sections 827(e) and 829 of this title, shall be construed as in any way affecting, modifying, repealing, or superseding the provisions of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. § 301 et seq.].

Citations to §829(e)

• 21 U.S.C. § 841(h)(2)(B)

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  (B) writing a prescription for a controlled substance for the purpose of delivery, distribution, or dispensation by means of the Internet in violation of section 829(e) of this title;

• 21 U.S.C. § 882(c)(1)

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  (1) In any case in which the State has reason to believe that an interest of the residents of that State has been or is being threatened or adversely affected by the action of a person, entity, or Internet site that violates the provisions of section 823(g), 829(e), or 831 of this title, the State may bring a civil action on behalf of such residents in a district court of the United States with appropriate jurisdiction—

  (A) to enjoin the conduct which violates this section;

  (B) to enforce compliance with this section;

  (C) to obtain damages, restitution, or other compensation, including civil penalties under section 842(b) of this title; and

  (D) to obtain such other legal or equitable relief as the court may find appropriate.

Citations to §829(f)

• 42 U.S.C. § 290bb–25g(a)(1)(B)

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  (B) regarding such risks related to unused opioids and the dispensing options under section 829(f) of title 21, as applicable; and

• 42 U.S.C. § 290bb–25g(a)(2)(E)

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  (E) disseminating information to providers about prescribing options for controlled substances, including such options under section 829(f) of title 21, as applicable; and