Section 22-B1315. DELIVERY OF PRESCRIPTION MEDICATION BY MAIL OR CARRIER

 

1315.1 This section shall apply to a pharmacy's delivery of filled prescriptions for individual patients by United States Postal Service, common carrier, employee or courier service to an address within the District of Columbia.  Where a delivery is to an address outside of the District of Columbia, the pharmacy shall be governed by the laws of the state to which the prescription is being delivered. 

 

1315.2 A licensed pharmacist shall supervise the dispensing of prescription drugs or devices by mail, common carrier, employee or courier service.

 

1315.3 The prescription shall contain all requirements specified for prescriptions as listed within this chapter and shall be packaged and sent in conformance with the applicable federal laws and regulations of the U.S. Department of Justice, Drug Enforcement Administration 21 C.F.R. §§ 1300 et seq., and the U.S. Postal Service 18 U.S.C. § 1716.

 

1315.4 A pharmacy may deliver the following by employee or courier, but shall not dispense the following by mail or common carrier:

 

(a)   Antibiotics that have been reconstituted;

 

(b)   Prescription drugs generally recognized to be subject to significant       deterioration due to heat, cold, fermentation, or prolonged agitation unless it can be documented that the drug was shipped according to industry recognized shipping standards; or

 

(c)   Any other drug or device which federal or District law prohibits dispensing by mail.

 

1315.5 A Prescription drug or device shall be shipped by U.S. Postal Service, common carrier, employee, or courier service unless the purchaser agrees in advance to another means of delivery that does not violate the provisions of this chapter.

 

1315.6 Prescription drugs and medical devices dispensed by any method shall be packaged and sent in conformance with the applicable federal and District laws and regulations and standards pertaining to temperature, light, and humidity and in containers that are resistant to breaking, denting, and tampering.

 

1315.7  A prescription medication may be delivered to:

 

(a) The patient for whom the prescription is prescribed;

 

(b)  Wherever the patient is located;

 

(c) An agent authorized by the patient; or

 

(d) The residence of the patient, regardless of whether the patient is present at the residence at the time of delivery.

 

1315.8 If a patient authorizes delivery of a prescription medication or device to an agent at a location other than the pharmacy or the patient’s residence, the pharmacy shall document in a readily retrievable record:

 

(a) The patient’s authorization;

 

(b) The identity of the agent to whom the medication is sent; and

 

(c) The date, time; and location where the medication was sent.

 

 

authority

Section 19(a)(3) of the District of Columbia Pharmacist and Pharmacy Regulation Act of 1980, effective September 16, 1980, (D.C. Law 3-98; D.C. Official Code § 47-2885.18.01(a)(3)); the 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); Mayor’s Order 98-48, dated April 15, 1998, Section 4902 of the Fiscal Year 2002 Budget Support Act of 2001, effective October 3, 2001 (D.C. Law 14-28; D.C. Official Code § 7-731); Section 15 of the District of Columbia Drug Manufacture and Distribution Licensure Act of 1990, effective June 13, 1990 (D.C. Law 8-137; D.C. Official Code § 48-714(a)); and Mayor’s Order 98-88, dated May 29, 1998.

source

Final Rulemaking published at 33 DCR 1046, 1071 (February 21, 1986); as amended by Final Rulemaking published at 53 DCR 10055 (December 22, 2006); as amended by Final Rulemaking published at 56 DCR 4742 (June 19, 2009).