[Title 21 CFR 1306.32]
[Code of Federal Regulations (annual edition) - April 1, 1996 Edition]
[Title 21 - FOOD AND DRUGS]
[Chapter II - DRUG ENFORCEMENT]
[Part 1306 - PRESCRIPTIONS]
[Sec. 1306.32 - Dispensing without prescription.]
[From the U.S. Government Publishing Office]




  21
  FOOD AND DRUGS
  9
  1996-04-01
  1996-04-01
  false
  
  1306.32
  Sec. 1306.32
  
    FOOD AND DRUGS
    DRUG ENFORCEMENT
    PRESCRIPTIONS
  


Sec. 1306.32   Dispensing without prescription.

    A controlled substance listed in Schedule V, and a controlled 
substance listed in Schedule II, III, or IV which is not a prescription 
drug as determined under the Federal Food, Drug, and Cosmetic Act, may 
be dispensed by a pharmacist without a prescription to a purchaser at 
retail, provided that:
    (a) Such dispensing is made only by a pharmacist (as defined in 
Sec. 1306.02(d)), and not by a nonpharmacist employee even if under the 
supervision of a pharmacist (although after the pharmacist has fulfilled 
his professional and legal responsibilities set forth in this section, 
the actual cash, credit transaction, or delivery, may be completed by a 
nonpharmacist);
    (b) Not more than 240 cc. (8 ounces) of any such controlled 
substance containing opium, nor more than 120 cc. (4 ounces) of any 
other such controlled substance nor more than 48 dosage units of any 
such controlled substance containing opium, nor more than 24 dosage 
units of any other such controlled substance may be dispensed at retail 
to the same purchaser in any given 48-hour period;
    (c) The purchaser is at least 18 years of age;
    (d) The pharmacist requires every purchaser of a controlled 
substance under this section not known to him to furnish suitable 
identification (including proof of age where appropriate);
    (e) A bound record book for dispensing of controlled substances 
under this section is maintained by the pharmacist, which book shall 
contain the name and address of the purchaser, the name and quantity of 
controlled substance purchased, the date of each purchase, and the name 
or initials of the pharmacist who dispensed the substance to the 
purchaser (the book shall be maintained in accordance with the 
recordkeeping requirement of Sec. 1304.04 of this chapter); and
    (f) A prescription is not required for distribution or dispensing of 
the substance pursuant to any other Federal, State or local law.

[36 FR 7799, Apr. 24, 1971, as amended at 36 FR 18733, Sept. 21, 1971. 
Redesignated at 38 FR 26609, Sept. 24, 1973]