32-1298. Dispensing of drugs and devices;
conditions; definition
A. A dentist may dispense drugs and devices kept by the dentist if:
1. All drugs are dispensed in packages labeled with the following information:
(a) The dispensing dentist'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, directions for its use and any cautionary
statements.
2. The dispensing dentist enters into the patient's medical record the name and
strength of the drug dispensed, the date the drug is dispensed and the therapeutic
reason.
3. The dispensing dentist keeps all drugs 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.
B. Except in an emergency situation, a dentist 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. Prior to dispensing a drug pursuant to this section the patient shall be given a
written prescription on which appears the following statement in bold type:
"This prescription may be filled by the prescribing dentist or by a pharmacy
of your choice."
D. A dentist shall dispense for profit only to his own patient and only for
conditions being treated by that dentist. The dentist shall provide direct supervision
of an attendant involved in the dispensing process. In this subsection, "direct
supervision" means that a dentist is present and makes the determination as to the
legitimacy or advisability of the drugs or devices to be dispensed.
E. 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.
F. For the purposes of this section, "dispense" means the delivery by a dentist of
a prescription 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.
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