Determining Lawful Prescribing, Dispensing and Administering of Controlled Substances

PURPOSE: This rule defines the statutory and regulatory basis for determining what is lawful prescribing, dispensing and administering of controlled substances. When determining if controlled substances are being lawfully prescribed, dispensed and administered by practitioners, the Department of Health shall enforce Chapter 195, RSMo, the Department of Health rules in 19 CSR 30 pertaining to controlled substances, and the federal Controlled Substances Act 21 U.S.C. 801–966, and its regulations, 21 CFR 1300–1399. In determining lawful prescribing, dispensing and administering of controlled substances, the Department of Health also shall consider the provisions of Chapters 330, 332, 334, 335, 336, 338 and 340, RSMo, the rules in 4 CSR 110, 4 CSR 150, 4 CSR 200, 4 CSR 210, 4 CSR 220, 4 CSR 230 and 4 CSR 270, and protocols relating to the respective practitioners established and on file at the respective licensing boards. AUTHORITY: sections 195.030, RSMo Supp. 1999 and 195.195, RSMo 1994.* Original rule filed April 14, 2000, effective Nov 30, 2000. *Original authority: 195.030, RSMo 1939, amended 1971, 1989, 1993, 1995, 1999 and 195.195, RSMo 1957, amended 1971, 1989, 1993.