21 C.F.R. §1306.04 - Purpose of issue of prescription
| Cite as | 21 C.F.R. §1306.04 |
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559 practice notes
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Holiday CVS, L.L.C., d/b/a CVS/Pharmacy Nos. 219 and 5195; Decision and Order
...which revoked Dr. Lynch's registration with an effective date of January 18, 2011, based, inter alia, on findings that he violated 21 CFR 1306.04(a) by issuing controlled substance prescriptions outside of the usual course of professional practice and which lacked a legitimate medical purpo......
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Perry County Food & Drug Decision and Order
...the course of the . . . distribution or dispensing of a controlled substance . . . a registration number which is fictitious.)''; Cf. 21 CFR 1306.04(a) (``An order purporting to be a prescription issued not in the usual course of professional treatment . . . is not a prescription within the......
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Mireille Lalanne, M.D.; Denial of Application
...is a proper focus of ze diversion by issuing only these proceedings, while the former presents an issue for a different venue. 21 C.F.R. Sec. 1306.04(a); see Gonzales v. Oregon, 546 U.S. 243, 270 (2006) (explaining that the CSA grants the Attorney General authority to regulate the practice ......
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Farmacia Yani; Decision and Order
...doctor who did not possess a valid DEA registration, in violation of Federal law and regulations.'' Id. (citing 21 U.S.C. 843(a)(2); 21 CFR 1306.04). The Government then alleged that Respondent's ``violations of Federal law and regulations render granting its application for a registration ......
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314 cases
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City of S.F. v. Purdue Pharma L.P., Case No. 3:18-cv-07591-CRB
...issuing it, shall be subject to the penalties provided for violations of the provisions of law relating to controlled substances.21 C.F.R. § 1306.04 (a) (emphases added). Walgreens argues unpersuasively that section 1306.04(a) does not impose an actionable duty on pharmacies, just pharmacis......
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Walmart Inc. v. U.S. Dep't of Justice, CIVIL NO. 4:20-CV-817-SDJ
...be issued for a legitimate medical purpose by an individual practitioner acting in the usual course of his professional practice." 21 C.F.R. § 1306.04(a). In this regard, although Section 1306.04(a) imposes a responsibility on medical practitioners to issue valid prescriptions, it also impo......
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Oregon v. Ashcroft, No. CIV. 01-1647-JO.
...predecessor to the Administrator of the DEA4 adopted formal regulations implementing the CSA. One of the regulations, now codified at 21 C.F.R. § 1306.04, provides, in relevant A prescription for a controlled substance to be effective must be issued for a legitimate medical purpose by an in......
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Walmart Inc. v. U.S. Dep't of Justice, Civil No. 4:20-CV-817-SDJ
...be issued for a legitimate medical purpose by an individual practitioner acting in the usual course of his professional practice." 21 C.F.R. § 1306.04(a). In this regard, although Section 1306.04(a) imposes a responsibility on medical practitioners to issue valid prescriptions, it also impo......
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13 firm's commentaries
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Pain Management or Pill Mill? Supreme Court to Weigh in on Standards for Prosecutions of Practitioners Prescribing Narcotics
...of its powerhouse white collar litigation practice. [1] United States v. Moore, 423 U.S. 122, 124 (1975). [2] 21 U.S.C. § 841(a)(1); 21 C.F.R. § 1306.04(a). See also United States v. Chube II, 538 F.3d 693, 697–98 (7th Cir. 2008); United States v. Hurwitz, 459 F.3d 463, 475 (4th Cir. 2006);......
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Is Marijuana “Legal” Now? The Cannabis Industry and Your Risk
...a licensed doctor or pharmacist may not legally prescribe marijuana as it does not have the legitimate medical purpose required by 21 C.F.R. § 1306.04. Federal statutes also make it illegal to conspire to traffic drugs (21 U.S.C. § 846) or to aid and abet an offense against the United State......
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SCOTUS unanimously rejects federal convictions for opioid docs in <em>Ruan</em>, with majority stressing <em>mens rea</em> requirement
...authorized when a doctor issues it “for a legitimate medical purpose . . . acting in the usual course of his professional practice.” 21 CFR §1306.04(a) (2021). In each of these two consolidated cases, a doctor was convicted under § 841 for dispensing controlled substances not “as authorized......
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The Wait Is Over . . . Or Is It? DEA’s Proposed Rules Around Telemedicine Prescribing: Initial Impressions and Key Takeaways
...not published a complete list, and some providers may have difficulty understanding and readily applying the CSA’s definition. [4] 21 C.F.R. § 1306.04(a). [5] U.S. Department of Justice, Press Release, U.S. Attorneys Andrew Birge and Matthew Schneider Announce Record-Setting Drug Diversion ......
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1 provisions
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Act 96, HB 353 – Controlled Substance, Drug, Device and Cosmetic Act - professional prescription, administration and dispensing (effective 1 YEAR)
...FOR A PURPOSE OTHER THAN THE TREATMENT OF AN EXISTING MEDICAL CONDITION, THE PHARMACIST SHALL HAVE THE RESPONSIBILITY DESCRIBED IN 21 C.F.R. § 1306.04 (RELATING TO PURPOSE OF ISSUE OF PRESCRIPTION).(3) A PRACTITIONER SHALL BE SUBJECT TO THE RESPONSIBILITIES DESCRIBED IN 21 C.F.R. § 1311.102......