Purpose of Issuance of a Prescription

Section 3100 Section 3100.380  Purpose of Issuance of a Prescription 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 or her 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 within the meaning and intent of Section 312 of the Act, but that is not, 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. b)         A prescription may not be issued in order for an individual practitioner to obtain controlled substances for supplying the individual practitioner for the purpose of general dispensing to patients. c)         A prescription may not be issued for the dispensing of narcotic drugs listed in any Schedule to a narcotic drug dependent person for the purpose of continuing his or her dependence upon such drugs, except in the case of the course of conducting an authorized clinical investigation in the development of a narcotic addict rehabilitation program. d)         A practitioner shall not self-prescribe or self-dispense controlled substances. A practitioner may not prescribe controlled substances to an immediate family member unless there is a bona fide practitioner-patient relationship and appropriate records are maintained for all treatment of the family member. e)         The provisions of the federal Ryan Haight Online Pharmacy Consumer Protection Act of 2008 (Ryan Haight Act) (21 USC 801 et seq.) also apply and all federal regulations (74 Fed. Reg. 15596 (April 6, 2009)) adopted under that Act are hereby incorporated by reference.