21 CFR 1306.05 - Manner of issuance of prescriptions

Cite as21 CFR 1306.05
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88 practice notes
  • Schedules of Controlled Substances: Rescheduling of Hydrocodone Combination Products From Schedule III to Schedule II
    • United States
    • Federal Register August 22, 2014
    • August 22, 2014
    ...the practitioner remains responsible for ensuring that the prescription conforms in all essential respects to the law and regulations, 21 CFR 1306.05(f). 75 FR 61613, 61614, Oct. 6, 2010. This requires the practitioner alone to determine on a prescription by prescription basis whether the p......
  • Annicol Marrocco, M.D.; Decision and Order
    • United States
    • Federal Register May 19, 2015
    • May 19, 2015
    ...Show Cause Order alleged that Respondent had failed to both date and include S.C.'s address on multiple prescriptions, in violation of 21 CFR 1306.05(a). Id. at 2. The Show Cause Order then alleged that Respondent had violated DEA regulations that, while allowing a practitioner to issue mul......
  • Hatem M. Ataya, M.D.; Decision and Order; Introduction and Procedural History
    • United States
    • Federal Register February 18, 2016
    • February 18, 2016
    ...at 135-36 (Rx filled on Oct. 8); id. at 137-38 (Rx filled on Oct. 30). Not only was the second prescription post-dated--a violation of 21 CFR 1306.05(a) which requires that ``all prescriptions for controlled substances shall be dated as of, and signed on, the day when issued''--it was also ......
  • Superior Pharmacy I and Superior Pharmacy II Decision and Order
    • United States
    • Federal Register May 18, 2016
    • May 18, 2016
    ...(and still requires) that a patient's address ``appear on the face of the prescription.'' Fla. Sta. Ann. Sec. 893.04(c); see also 21 CFR 1306.05(a) (``All prescriptions for controlled substances . . . shall bear the full name and address of the patient.'').\58\ As for the partially filled p......
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32 cases
  • US v. BIRBRAGHER, No. 08-4004.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • April 26, 2010
    ...substances falls not only on the prescribing physician but also upon the pharmacist who fills the prescription. 21 C.F.R. §§ 1306.04(a), 1306.05(a). A controlled substance may be prescribed only "for a legitimate medical purpose by an individual practitioner acting in the usual course of hi......
  • Wedgewood Village Pharmacy v. D.E.A., No. 06-1156.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • December 11, 2007
    ...the statutory scheme. See, e.g., 21 C.F.R. § 1306.04(b) (prohibiting using prescriptions "for the purpose of general dispensing"); 21 C.F.R. § 1306.05 ("All prescriptions . . . shall bear the full name . . . of the patient. . . ."); 21 C.F.R. § 1307.11 (permitting practitioners to "distribu......
  • United States v. Joseph, No. 09–11984.
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • February 21, 2013
    ...regulation provides that “[a]ll prescriptions for controlled substances shall be dated as of, and signed on, the day when issued.” 21 C.F.R. § 1306.05. Dr. Straus testified that these regulations are designed to ensure that the doctor examines the patient [709 F.3d 1091]before delivering th......
  • United States v. Oti, No. 16-10386.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • October 3, 2017
    ...regulations provide that "[a]ll prescriptions for controlled substances shall be dated as of, and signed on, the day when issued [.]" 21 C.F.R. § 1306.05. Because Texas and federal law state that it is unlawful to dispense the drugs Iwuoha was dispensing without a prescription signed on the......
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