Mich. Admin. Code R. 338.3167 - Dispensing schedule 5 substances without prescriptions

Current through Register Vol. 21-17, October 1, 2021

Rule 67.

(1) A pharmacist may, without a prescription, dispense a controlled substance listed in schedule 5 which is not a prescription medication as determined under the federal food, drug, and cosmetic act, 21 U.S.C. §§301 to 392, if all of the following provisions are met:
(a) The dispensing pharmacist has determined it is to be used for a medical purpose.
(b) Not more than 240 cc (8 ounces) or 48 solid doses of a substance containing opium or more than 120 cc (4 ounces) or 24 solid doses of any other substance listed in schedule 5 are distributed at retail to the same purchaser in any single 48-hour period.
(c) The purchaser is at least 18 years of age.
(d) The pharmacist requires a purchaser not known to the pharmacist to furnish suitable identification, including proof of age where appropriate.
(2) If a pharmacist dispenses a controlled substance listed in schedule 5, then he or she shall affix to the container in which the substance is dispensed a label that shows the date, his or her own name, and the name and address of the place of practice in which the substance is dispensed.
(3) The pharmacist shall maintain a record of the dispensing of controlled substances listed in schedule 5. The record shall be immediately retrievable and may be maintained in the same manner as required for schedule 5 prescription medication. The record shall contain all of the following information:
(a) The name and address of the patient.
(b) The name and address of the purchaser if different from the patient.
(c) The name and quantity of substance purchased.
(d) The date purchased.
(e) The name or initials of the pharmacist or pharmacy intern who dispensed the substance.
(f) The medical purpose for which the medication is being used as determined by the pharmacist.

Notes

Mich. Admin. Code R. 338.3167
1979 AC; 1982 AACS; 2002 AACS; 2003 AACS

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