§ 4215. Authorized sales by pharmacists

(a) A duly licensed pharmacist, in good faith and in the course of professional practice, may sell and dispense regulated drugs to any person upon a written prescription or oral prescription which is reduced promptly to writing by the pharmacist by an individual authorized by law to prescribe and administer prescription drugs in the course of professional practice. The written prescription shall be dated and signed by the person prescribing or, if an oral prescription, by the pharmacist on the day when written, and bearing the full name and date of birth of the patient for whom the drug is prescribed, and the full name of the person prescribing. If the prescription is for an animal, the prescription shall state the species of animal for which the drug is prescribed and the full name and address of the owner of the animal. A prescription shall not be refilled unless refilling is authorized by the practitioner on the original prescription or by the original oral order.

(b)(1) The pharmacist filling a schedule II prescription shall write the date of filling and the pharmacist's own signature on the face of the prescription, or if an electronic prescription, shall enter the date of filling and the pharmacist's name into the electronic record.

(2) Pharmacists shall be subject to the requirements of 21 U.S.C. chapter 13.

(3) Notwithstanding the provisions of subdivision (1) or (2) of this subsection, a prescription for a schedule II drug written without a future fill date shall not be filled more than 30 days after the date the prescription was issued. A prescription for a schedule II drug written to be filled at a future date shall not be filled more than 90 days after the date the prescription was issued.

(4) A physician who dispenses regulated drugs as part of his or her regular fee or for an additional fee shall be subject to the same requirements as a pharmacist for the purposes of this section.

(c) The legal owner of any stock of regulated drugs, upon discontinuance of dealing in such drugs, shall promptly sell such drugs to a manufacturer, wholesaler, or pharmacist, but only on an official written order. (Added 1967, No. 343 (Adj. Sess.), § 15, eff. March 23, 1968; amended 2007, No. 163 (Adj. Sess.), § 5; 2017, No. 48, § 7.)