Section 22-B1314. DISPENSING WITHOUT A PRESCRIPTION

 

1314.1A controlled substance listed in Schedule II, III, IV or V 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 the following occurs:

 

(a)The dispensing is made only by a pharmacist (as defined in 21 C.F.R. §1406.02(d)), and not by a non-pharmacist employee even if under the supervision of a pharmacist (although after the pharmacist has fulfilled his or her professional and legal responsibilities set forth in this section, the actual cash, credit transaction, or delivery, may be completed by a non-pharmacist);

 

(b)Not more than 240 cc. (8 ounces) of any controlled substance containing opium, nor more than 120 cc. (4 ounces) of any other controlled substance, nor more than forty-eight (48) dosage units of any controlled substance containing opium, nor more than twenty-four (24) dosage units of any other controlled substance may be dispensed at retail to the same purchaser in any given forty-eight (48) hour period; except pursuant to a written or oral prescription of a duly licensed practitioner in possession of a Federal Controlled Substances Registration number;

 

(c)The purchaser is at least eighteen (18) years of age;

 

(d)The pharmacist requires every purchaser of a controlled substance under this section not known to him or her 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 record-keeping requirement of 21 C.F.R. § 1404.04); and

 

(f)A prescription is not required for distribution or dispensing of the substance pursuant to any other federal or District of Columbia laws or regulations, or this chapter.

 

authority

District of Columbia Uniform Controlled Substances Act of 1981, effective August 5, 1981 (D. C. Law 4-29; D.C. Official Code § 48-901.01); and Mayor’s Order 85-171, dated October 18, 1985.

source

Final Rulemaking published at 33 DCR 1046, 1074 (February 21, 1986).