32-2951
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32-2951. Dispensing drugs and devices; conditions; definition A. A homeopathic physician may dispense drugs and devices kept by the physician, including controlled substances, prescription-only drugs, homeopathic medications and nonprescription drugs, if: 1. The physician includes the following information on the label of each controlled substance and prescription-only drug and on the label or accompanying instruction sheets of each homeopathic medication or nonprescription drug: (a) The dispensing physician's name, address and telephone number. (b) The date the drug is dispensed. (c) The patient's name. (d) The name and strength of the drug, the quantity dispensed, directions for its use and any cautionary statements. (e) The number of authorized refills. 2. The dispensing physician enters into the patient's medical record the name, strength and potency of the drug dispensed, the date the drug is dispensed, the dosing schedule, the number of refills and the therapeutic reason. 3. The dispensing physician keeps all controlled substances in a locked cabinet or room, controls access to the cabinet or room by a written procedure and maintains an ongoing inventory of its contents. 4. The licensee pays a permit fee prescribed under section 32-2914. B. Except in an emergency situation, a physician who dispenses drugs for a profit without being registered by the board to do so is subject to a civil penalty by the board of not less than three hundred dollars and not more than one thousand dollars for each transaction and is prohibited from further dispensing for a period of time as prescribed by the board. C. Before a physician dispenses a controlled substance or a prescription-only pharmaceutical drug pursuant to this section the physician shall give the patient a written prescription on which appears the following statement in bold type: "This prescription may be filled by the prescribing physician or by a pharmacy of your choice." D. The physician shall include the following information on a prescription order: 1. The date it is issued. 2. The patient's name and address. 3. The name, strength and quantity of the drug. 4. Two signature lines for the physician. The right side of the prescription form under the signature line shall contain the phrase "Substitution Permissible" and the left side under the signature line shall contain the phrase "Dispense As Written". 5. The dispensing homeopathic physician's drug enforcement agency number for controlled substances. 6. The printed name, signature and date of the person who prepares, counts or measures the drug, labels the container or distributes a prepackaged drug to the patient or the patient's representative. E. Before the physician dispenses a homeopathic medication, including a prescription-only homeopathic medication or a nonprescription drug, the physician shall give the patient a written statement on which appears the following statement in bold type: "Prescriptions may be filled by this prescribing physician or by a pharmacy of your choice." F. A physician shall dispense controlled substances and prescription-only drugs for profit only to the physician's own patient and only for conditions being treated by that physician. The physician shall personally determine the legitimacy or advisability of the drugs dispensed and shall document in writing the physician's procedures for supervising the role of nurses and attendants in the dispensing process. G. This section shall be enforced by the board which shall establish rules regarding labeling, record keeping, storage and packaging of drugs that are consistent with the requirements of chapter 18 of this title. The board may conduct periodic inspections of dispensing practices to assure compliance with this section and applicable rules. H. For the purposes of this section, "dispense" means the delivery by a homeopathic physician of a drug or device to a patient, except for samples packaged for individual use by licensed manufacturers or repackagers of drugs, and includes the prescribing, administering, packaging, labeling and security necessary to prepare and safeguard the drug or device for delivery. |