21 CFR 1306.04 - Purpose of issue of prescription

Cite as21 CFR 1306.04
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528 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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279 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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12 firm's commentaries
7 books & journal articles
  • The Final Auer: How Weakening the Deference Doctrine May Impact Environmental Law
    • United States
    • Environmental Law Reporter Nbr. 45-10, October 2015
    • October 1, 2015
    ...qualify as a “legitimate medical purpose” as required by the CSA. 86 Although Ashcroft ostensibly relied on his authority to interpret 21 C.F.R. §1306.04, the fact that the regulation simply repeated ambiguous language from the statute defeated Auer deference. Ashcroft’s interpretation also......
  • 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......
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