21 CFR 1306.06 - Persons entitled to fill prescriptions

Cite as21 CFR 1306.06
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19 practice notes
  • Farmacia Yani; Decision and Order
    • United States
    • Federal Register May 20, 2015
    • May 20, 2015
    ...The Government also alleged that Respondent's filling of the 241prescriptions violated 21 CFR 1306.06. In relevant part, this regulation provides that ``a prescription for a controlled substance may only be filled by a pharmacist, acting in the usual course of his professional practice.'' 2......
  • Trinity Pharmacy II; Decision and Order
    • United States
    • Federal Register February 20, 2018
    • February 20, 2018
    ...controlled substance without a valid prescription'' and ``outside the usual course of professional practice.'' Id. (citing 21 U.S.C. 829; 21 CFR 1306.06, 1306.11(a)). Specifically, the Order alleged that Trinity II dispensed to J.T. ``a morphine sulfate solution'' ``that was five times more......
  • Margy Temponeras, M.D.; Decision and Order
    • United States
    • Federal Register August 01, 2012
    • August 1, 2012
    ...location on numerous occasions between November 2008 and May 2011.'' ALJ at 24 (citing 21 U.S.C. 822(a)(2) & (e); id. Sec. 841; 21 CFR 1306.06). The ALJ offered no further explanation for this conclusion. While I hold that the ALJ erred in concluding that she violated section 822(e), wh......
  • JM Pharmacy Group, Inc., d/b/a Farmacia Nueva and Best Pharma Corp; Decision and Order
    • United States
    • Federal Register May 19, 2015
    • May 19, 2015
    ...for a controlled substance may only be filled by a pharmacist, acting in the usual course of his professional practice. . . .'' 21 CFR 1306.06 (emphasis added). Thus, the Agency has also repeatedly held that ``a pharmacist must exercise professional judgment and common sense when filling a ......
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8 cases
  • Walmart Inc. v. U.S. Dep't of Justice, CIVIL NO. 4:20-CV-817-SDJ
    • United States
    • United States District Courts. 5th Circuit. United States District Court of Eastern District Texas
    • February 4, 2021
    ...(citing 21 U.S.C. § 829). Similarly, a pharmacist's conduct must adhere to the usual course of his or her professional practice. 21 C.F.R. § 1306.06. A registrant who dispenses a drug without a valid prescription may be subject to civil penalties or, under certain circumstances, criminal pe......
  • Walmart Inc. v. U.S. Dep't of Justice, Civil No. 4:20-CV-817-SDJ
    • United States
    • United States District Courts. 5th Circuit. United States District Court of Eastern District Texas
    • February 4, 2021
    ...(citing 21 U.S.C. § 829 ). Similarly, a pharmacist's conduct must adhere to the usual course of his or her professional practice. 21 C.F.R. § 1306.06.A registrant who dispenses a drug without a valid prescription may be subject to civil penalties or, under certain circumstances, criminal pe......
  • United States v. City Pharmacy, LLC, CIVIL ACTION NO. 3:16-CV-24
    • United States
    • United States District Courts. 4th Circuit. Northern District of West Virginia
    • April 19, 2017
    ...practicioner . . . a corresponding responsibility rests with the pharmacist who fills the prescription." 21 C.F.R. § 1306.04; see also 21 C.F.R. § 1306.06. Furthermore, an order that is not issued in the usual course of professional treatment is not a prescription, and the person knowingly ......
  • United States v. Howen, 1:21-cv-00106-DAD-SAB
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • April 1, 2022
    ...in violation of 21 C.F.R. § 1306.04(a); (2) failure to adhere to the usual course of professional practice in violation of 21 C.F.R. § 1306.06; (3) failure to maintain required records; and (4) a claim seeking injunctive relief under 21 U.S.C. § 843(f). The statutory and regulatory framewor......
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