2006 Code of Virginia § 54.1-3303 - Prescriptions to be issued and drugs to be dispensed for medical or therapeutic purposes onl...

54.1-3303. Prescriptions to be issued and drugs to be dispensed for medicalor therapeutic purposes only.

A. A prescription for a controlled substance may be issued only by apractitioner of medicine, osteopathy, podiatry, dentistry or veterinarymedicine who is authorized to prescribe controlled substances, or by alicensed nurse practitioner pursuant to 54.1-2957.01, a licensed physicianassistant pursuant to 54.1-2952.1, or a TPA-certified optometrist pursuantto Article 5 ( 54.1-3222 et seq.) of Chapter 32 of this title. Theprescription shall be issued for a medicinal or therapeutic purpose and maybe issued only to persons or animals with whom the practitioner has a bonafide practitioner-patient relationship.

For purposes of this section, a bona fide practitioner-patient-pharmacistrelationship is one in which a practitioner prescribes, and a pharmacistdispenses, controlled substances in good faith to his patient for a medicinalor therapeutic purpose within the course of his professional practice. Inaddition, a bona fide practitioner-patient relationship means that thepractitioner shall (i) ensure that a medical or drug history is obtained;(ii) provide information to the patient about the benefits and risks of thedrug being prescribed; (iii) perform or have performed an appropriateexamination of the patient, either physically or by the use ofinstrumentation and diagnostic equipment through which images and medicalrecords may be transmitted electronically; except for medical emergencies,the examination of the patient shall have been performed by the practitionerhimself, within the group in which he practices, or by a consultingpractitioner prior to issuing a prescription; and (iv) initiate additionalinterventions and follow-up care, if necessary, especially if a prescribeddrug may have serious side effects. Any practitioner who prescribes anycontrolled substance with the knowledge that the controlled substance will beused otherwise than medicinally or for therapeutic purposes shall be subjectto the criminal penalties provided in 18.2-248 for violations of theprovisions of law relating to the distribution or possession of controlledsubstances.

B. In order to determine whether a prescription that appears questionable tothe pharmacist results from a bona fide practitioner-patient relationship,the pharmacist shall contact the prescribing practitioner or his agent andverify the identity of the patient and name and quantity of the drugprescribed. The person knowingly filling an invalid prescription shall besubject to the criminal penalties provided in 18.2-248 for violations ofthe provisions of law relating to the sale, distribution or possession ofcontrolled substances.

No prescription shall be filled unless there is a bona fidepractitioner-patient-pharmacist relationship. A prescription not issued inthe usual course of treatment or for authorized research is not a validprescription.

C. A pharmacist may dispense a controlled substance pursuant to aprescription of an out-of-state practitioner of medicine, osteopathy,podiatry, dentistry or veterinary medicine authorized to issue suchprescription if the prescription complies with the requirements of thischapter and Chapter 34 ( 54.1-3400 et seq.) of this title, known as the"Drug Control Act."

D. A licensed nurse practitioner who is authorized to prescribe controlledsubstances pursuant to 54.1-2957.01 may issue prescriptions or providemanufacturers' professional samples for controlled substances and devices asset forth in Chapter 34 of this title in good faith to his patient for amedicinal or therapeutic purpose within the scope of his professionalpractice.

E. A licensed physician assistant who is authorized to prescribe controlledsubstances pursuant to 54.1-2952.1 may issue prescriptions or providemanufacturers' professional samples for controlled substances and devices asset forth in Chapter 34 of this title in good faith to his patient for amedicinal or therapeutic purpose within the scope of his professionalpractice.

F. A TPA-certified optometrist who is authorized to prescribe controlledsubstances pursuant to Article 5 ( 54.1-3222 et seq.) of Chapter 32 of thistitle may issue prescriptions in good faith or provide manufacturers'professional samples to his patients for medicinal or therapeutic purposeswithin the scope of his professional practice for the drugs specified on theTPA-Formulary, established pursuant to 54.1-3223, which shall be limited to(i) oral analgesics included in Schedules III through VI, as defined in 54.1-3450 and 54.1-3455 of the Drug Control Act ( 54.1-3400 et seq.), whichare appropriate to relieve ocular pain, (ii) other oral Schedule VIcontrolled substances, as defined in 54.1-3455 of the Drug Control Act,appropriate to treat diseases and abnormal conditions of the human eye andits adnexa, (iii) topically applied Schedule VI drugs, as defined in 54.1-3455 of the Drug Control Act, and (iv) intramuscular administration ofepinephrine for treatment of emergency cases of anaphylactic shock.

G. The requirement for a bona fide practitioner-patient relationship shall bedeemed to be satisfied by a member or committee of a hospital's medical staffwhen approving a standing order or protocol for the administration ofinfluenza vaccinations and pneumococcal vaccinations in a hospital incompliance with 32.1-126.4.

(1983, c. 528, 54-524.50:1; 1985, c. 336; 1988, c. 765; 1991, cc. 519, 524;1992, c. 793; 1996, cc. 152, 158, 408; 1997, c. 806; 1998, c. 101; 1999, c.745; 2000, cc. 882, 924; 2001, c. 465; 2003, c. 639; 2004, c. 744; 2006, c.432.)

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