21 CFR 1306.04 - Purpose of issue of prescription
| Cite as | 21 CFR 1306.04 |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
521 practice notes
-
Decisions and Orders:
...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
...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,
...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
...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......
Request a trial to view additional results
273 cases
-
U.S. v. Armstrong, No. 07-30286.
..."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
...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
...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
...‘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......
Request a trial to view additional results
8 firm's commentaries
-
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);......
-
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......
-
DOJ Levels False Claims Act at Pharmacies to Combat Opioid Crisis
...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
...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......
Request a trial to view additional results
6 books & journal articles
-
Brief for the petitioners: Gonzales v. State of Oregon *.
...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.
...(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.
...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
...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......
Request a trial to view additional results
229 provisions
-
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......
-
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 ......
-
Mark P. Koch, D.O.; Decision and Order
...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
...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......
Request a trial to view additional results