Current through Register Vol. 51, No. 22, November 1, 2024
Section 10.19.03.12 - PrescriptionsA. Persons Entitled to Issue Prescriptions. (1) A prescription for a controlled substance may be issued only by an authorized provider who is: (a) Authorized to prescribe controlled substances in the State of Maryland; and(b) Either registered or exempted from registration pursuant to 21 CFR § 1301.22(c) and 21 CFR § 1301.23.(2) A prescription issued by an authorized provider may be communicated to a pharmacist by an employee or agent of the authorized provider.B. Purpose of Issue of Prescription.(1) A controlled substance prescription shall only be issued for a legitimate medical purpose by a provider.(2) A controlled substance prescription shall be issued by a provider in the usual course of the individual provider's professional practice.(3) The responsibility for the proper prescribing and dispensing of controlled substances is upon the prescribing provider.(4) A pharmacist has a corresponding responsibility to ensure, prior to dispensing, that a controlled substance prescription is issued for a legitimate medical purpose.(5) An order purporting to be a prescription issued not in the usual course of professional treatment or in legitimate and authorized research is not a prescription within the meaning and intent of the Maryland Controlled Dangerous Substances Act, Criminal Law Article, §§5-501-5-505, Annotated Code of Maryland.(6) A prescription may not be issued in order for an individual provider to obtain controlled substances for supplying the individual provider for the purpose of general dispensing to patients.C. A prescription for a Schedule II-V controlled substance shall be dispensed within 120 days from the date of issue.D. Unless the State has stricter requirements, if a provider has complied with 21 CFR §1306, the provider is deemed to have complied with this chapter.Md. Code Regs. 10.19.03.12
Regulation .12 adopted effective 51:20 Md. R. 899, eff. 10/14/2024.