32-1871. Dispensing of drugs and devices;
conditions


A. An osteopathic physician may dispense drugs and devices kept by the physician
if:


1. All drugs are dispensed in packages labeled with the following information:


(a) The dispensing physician'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 physician 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 physician 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 dispensing physician annually registers with the board to dispense drugs and
devices.


5. The dispensing physician pays the registration fee prescribed by the board
pursuant to section 32-1826. This paragraph does not apply if the physician is dispensing
in a nonprofit practice and neither the patient nor a third party pays or reimburses the
physician or the nonprofit practice for the drugs or devices dispensed.


6. The dispensing physician labels dispensed drugs and devices and stores them
according to rules adopted by the board.


B. Except in an emergency situation, a physician 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. 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 physician or by a pharmacy
of your choice."


D. A physician shall dispense only to the physician's patient and only for
conditions being treated by that physician.


E. The board shall enforce this section and 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. If a physician fails to renew a registration to dispense or ceases to dispense
for any reason, within thirty days that physician must notify the board in writing of the
remaining inventory of drugs and devices and the manner in which they were disposed.