32-1491. Dispensing of drugs and devices;
civil penalty; conditions; definition
A. A doctor of medicine may dispense drugs and devices kept by the doctor if:
1. All drugs are dispensed in packages labeled with the following information:
(a) The dispensing doctor'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 doctor 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 doctor 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.
4. The doctor registers with the board to dispense drugs and devices and pays the
registration fee prescribed by section 32-1436.
B. Except in an emergency situation, a doctor who dispenses drugs 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 drug pursuant to this section the physician shall
give the patient a prescription and inform the patient that the prescription may be
filled by the prescribing physician or by a pharmacy of the patient's choice.
D. A doctor shall dispense only to the doctor's own patient and only for conditions
being treated by that doctor. The doctor shall provide direct supervision of a medical
assistant, nurse or attendant involved in the dispensing process. In this subsection,
"direct supervision" means that a doctor is present and makes the determination as to the
legitimacy or the 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 reviews
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 doctor of
medicine 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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