21 C.F.R. §1306.04 - Purpose of issue of prescription

Cite as21 C.F.R. §1306.04
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559 practice notes
  • Holiday CVS, L.L.C., d/b/a CVS/Pharmacy Nos. 219 and 5195; Decision and Order
    • United States
    • Federal Register October 12, 2012
    • October 12, 2012
    ...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......
  • Perry County Food & Drug Decision and Order
    • United States
    • Federal Register November 12, 2015
    • November 12, 2015
    ...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......
  • Mireille Lalanne, M.D.; Denial of Application
    • United States
    • Federal Register August 06, 2013
    • August 6, 2013
    ...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 ......
  • Farmacia Yani; Decision and Order
    • United States
    • Federal Register May 20, 2015
    • May 20, 2015
    ...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
  • City of S.F. v. Purdue Pharma L.P., Case No. 3:18-cv-07591-CRB
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • September 30, 2020
    ...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......
  • 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
    ...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......
  • Oregon v. Ashcroft, No. CIV. 01-1647-JO.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Oregon)
    • April 17, 2002
    ...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......
  • 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
    ...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
1 provisions

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