21 CFR 1306.04 - Purpose of issue of prescription

Cite as21 CFR 1306.04
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521 practice notes
  • Decisions and Orders:
    • United States
    • Federal Register October 03, 2011
    • October 3, 2011
    ...medical purpose by an individual practitioner acting in the usual course of his professional practice.' '' Id. at 21182 (quoting 21 CFR 1306.04(a)). The Guidance explained that ``[e]very state separately imposes the same requirement under its laws'' and that Federal and state law, for a doc......
  • Jana Marjenhoff, D.O.; Decision and Order
    • United States
    • Federal Register May 20, 2015
    • May 20, 2015
    ...ten other prescriptions (or presenting the forged prescription to a second pharmacy). See R.D. at 52-55 (citing 21 U.S.C. 843(a)(3); 21 CFR 1306.04(a)). Moreover, while I adopt the ALJ's factual finding and legal conclusions that Respondent unlawfully obtained controlled substances pursuant......
  • Registration revocations, restrictions, denials, reinstatements: Chein, Edmund, MD,
    • United States
    • Federal Register February 12, 2007
    • February 12, 2007
    ...I conclude that the prescriptions violated Federal law because Respondent issued them without a legitimate medical purpose. See 21 CFR 1306.04(a).\17\ \17\ While these incidents occurred some time ago, there is no statute of limitations applicable to these proceedings, which are remedial in......
  • 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
    ...is not ``valid'' unless it is issued for a legitimate medical purpose and within the usual course of professional practice. 21 CFR 1306.04(a). A pharmacist who fills a prescription has a corresponding responsibility, and the person who fills an illegitimate prescription is subject to penalt......
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273 cases
  • U.S. v. Armstrong, No. 07-30286.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • November 21, 2008
    ..."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). The Supreme Court held in Moore, 423 U.S. at 138-43, 96 S.Ct. 335, that a registered physician could be charged and convicted under § 841 ......
  • United States v. Sabean, No. 17-1484
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • March 16, 2018
    ...2014 outside the usual course of professional medical practice and without legitimate medical purpose.1 See 21 U.S.C. § 841(a)(1) ; 21 C.F.R. § 1306.04(a). Finally, the indictment charged the defendant, in a single count, with committing health-care fraud by writing certain prescriptions me......
  • People v. Schade, No. H009896
    • United States
    • California Court of Appeals
    • June 15, 1994
    ...her professional practice." (See Stats.1982, ch. 1284, § 3, p. 4753.) The new language was taken directly from the Federal Regulations. (21 CFR 1306.04) According to the reports accompanying the 1982 assembly bill (AB 3376), one of the reasons for the changes was to bring section 11153 in l......
  • Comm'r of Corr. v. Freedom of Info. Comm'n, Nos. 18622
    • United States
    • Supreme Court of Connecticut
    • September 27, 2012
    ...‘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) (2005).” Gonzales v. Oregon, supra, 546 U.S. at 250, 126 S.Ct. 904. 28. Although the Controlled Substances Act also authorized the attor......
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8 firm's commentaries
  • Pain Management or Pill Mill? Supreme Court to Weigh in on Standards for Prosecutions of Practitioners Prescribing Narcotics
    • United States
    • LexBlog United States
    • February 24, 2022
    ...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);......
  • Is Marijuana “Legal” Now? The Cannabis Industry and Your Risk
    • United States
    • JD Supra United States
    • April 24, 2018
    ...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......
  • DOJ Levels False Claims Act at Pharmacies to Combat Opioid Crisis
    • United States
    • JD Supra United States
    • February 14, 2019
    ...is 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). Here, the Defendants allegedly dispensed prescriptions outside the usual course of professional practice and in violation of their resp......
  • Health Care Physicians in the Crosshairs: Criminal Prosecution
    • United States
    • JD Supra United States
    • October 26, 2015
    ...Oxycodone, Vicodin and Percocet, for reasons other than a legitimate medical purpose and in the usual course of professional practice. 21 CFR 1306.04, a somewhat obscure Federal Regulation which sets forth the rules governing these prescription drugs, provides that “[t]he responsibility for......
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6 books & journal articles
  • Brief for the petitioners: Gonzales v. State of Oregon *.
    • United States
    • Issues in Law & Medicine Vol. 21 Nbr. 1, June 2005
    • June 22, 2005
    ...substances except for a "legitimate medical purpose" and "in the usual course of professional treatment." Pet. App. 5a (quoting 21 C.F.R. 1306.04). Respondents nonetheless seek to overturn the Attorney General's determination that the prescription of controlled substances, not for ordinary ......
  • A dissent from the many dissents from Attorney General Ashcroft's interpretation of the Controlled Substances Act.
    • United States
    • Issues in Law & Medicine Vol. 19 Nbr. 1, June 2003
    • June 22, 2003
    ...(2) Ashcroft announced that he had: determined that assisting suicide is not a "legitimate medical purpose" within the meaning of 21 CFR 1306.04 (2001), and that prescribing, dispensing, or administering federally controlled substances to assist suicide violates the Controlled Substances Ac......
  • Chevron and agency norm-entrepreneurship.
    • United States
    • Yale Law Journal Vol. 115 Nbr. 9, July 2006
    • July 1, 2006
    ...The Attorney General was also interpreting the requirement that drugs could only be used by doctors for a "legitimate medical purpose." 21 C.F.R. 1306.04 (2005). (38.) Oregon, 126 S. Ct. at 921 (quoting Washington v. Glucksberg, 521 U.S. 702, 735 (1997)). (39.) Id. at 924-25. (40.) Id. at 9......
  • Where Movements Matter: Examining Unintended Consequences of the Pain Management Movement in Medical, Criminal Justice, and Public Health Fields
    • United States
    • Law & Policy Nbr. 40-1, January 2018
    • January 1, 2018
    ...need, while assigning pharmacists a“corresponding responsibility” to ensure that the medication is being prescribed appro-priately (21 CFR § 1306.04(a)). Though Nixon retained some funds for substance abusetreatment, he allocated substantial funds to law enforcement and created the DEA in19......
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229 provisions
  • 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......
  • 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 ......
  • Mark P. Koch, D.O.; Decision and Order
    • United States
    • Federal Register April 03, 2014
    • April 3, 2014
    ...his/her registration . . . or to change his/her name or address . . . by submitting a letter'' to the DEA). \112\ 21 CFR 1304.04. \113\ 21 CFR 1306.04. --------------------------------------------------------------------------- In the absence of authorization to handle controlled substances......
  • Pharmacy Doctors Enterprises d/b/a Zion Clinic Pharmacy; Decision and Order
    • United States
    • Federal Register March 13, 2018
    • March 13, 2018
    ...to exercise its corresponding responsibility regarding the proper prescribing and dispensing of controlled substances.'' Id. (citing 21 CFR 1306.04(a)). The Show Cause Order stated that Respondent's failure to exercise its corresponding responsibility was evidenced by its ``dispensing of co......
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