§ 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. The prescription shall beissued for a medicinal or therapeutic purpose and may be issued only topersons or animals with whom the practitioner has a bona fidepractitioner-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. Notwithstanding any provision of law to the contrary and consistent withrecommendations of the Centers for Disease Control and Prevention or theDepartment of Health, a practitioner may prescribe Schedule VI antibioticsand antiviral agents to other persons in close contact with a diagnosedpatient when (i) the practitioner meets all requirements of a bona fidepractitioner-patient relationship, as defined in subsection A, with thediagnosed patient; (ii) in the practitioner's professional judgment, thepractitioner deems there is urgency to begin treatment to prevent thetransmission of a communicable disease; (iii) the practitioner has met allrequirements of a bona fide practitioner-patient relationship, as defined insubsection A, for the close contact except for the physical examinationrequired in clause (iii) of subsection A; and (iv) when such emergencytreatment is necessary to prevent imminent risk of death, life-threateningillness, or serious disability.
D. 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.), known as the "Drug ControlAct."
E. 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 (§ 54.1-3400 et seq.) in good faith to his patientfor a medicinal or therapeutic purpose within the scope of his professionalpractice.
F. 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 (§ 54.1-3400 et seq.) in good faith to his patientfor a medicinal or therapeutic purpose within the scope of his professionalpractice.
G. A TPA-certified optometrist who is authorized to prescribe controlledsubstances pursuant to Article 5 (§ 54.1-3222 et seq.) of Chapter 32 mayissue prescriptions in good faith or provide manufacturers' professionalsamples to his patients for medicinal or therapeutic purposes within thescope 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.
H. 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; 2010, c. 74.)
§ 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. The prescription shall beissued for a medicinal or therapeutic purpose and may be issued only topersons or animals with whom the practitioner has a bona fidepractitioner-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. Notwithstanding any provision of law to the contrary and consistent withrecommendations of the Centers for Disease Control and Prevention or theDepartment of Health, a practitioner may prescribe Schedule VI antibioticsand antiviral agents to other persons in close contact with a diagnosedpatient when (i) the practitioner meets all requirements of a bona fidepractitioner-patient relationship, as defined in subsection A, with thediagnosed patient; (ii) in the practitioner's professional judgment, thepractitioner deems there is urgency to begin treatment to prevent thetransmission of a communicable disease; (iii) the practitioner has met allrequirements of a bona fide practitioner-patient relationship, as defined insubsection A, for the close contact except for the physical examinationrequired in clause (iii) of subsection A; and (iv) when such emergencytreatment is necessary to prevent imminent risk of death, life-threateningillness, or serious disability.
D. 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.), known as the "Drug ControlAct."
E. 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 (§ 54.1-3400 et seq.) in good faith to his patientfor a medicinal or therapeutic purpose within the scope of his professionalpractice.
F. 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 (§ 54.1-3400 et seq.) in good faith to his patientfor a medicinal or therapeutic purpose within the scope of his professionalpractice.
G. A TPA-certified optometrist who is authorized to prescribe controlledsubstances pursuant to Article 5 (§ 54.1-3222 et seq.) of Chapter 32 mayissue prescriptions in good faith or provide manufacturers' professionalsamples to his patients for medicinal or therapeutic purposes within thescope 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.
H. 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; 2010, c. 74.)
§ 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. The prescription shall beissued for a medicinal or therapeutic purpose and may be issued only topersons or animals with whom the practitioner has a bona fidepractitioner-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. Notwithstanding any provision of law to the contrary and consistent withrecommendations of the Centers for Disease Control and Prevention or theDepartment of Health, a practitioner may prescribe Schedule VI antibioticsand antiviral agents to other persons in close contact with a diagnosedpatient when (i) the practitioner meets all requirements of a bona fidepractitioner-patient relationship, as defined in subsection A, with thediagnosed patient; (ii) in the practitioner's professional judgment, thepractitioner deems there is urgency to begin treatment to prevent thetransmission of a communicable disease; (iii) the practitioner has met allrequirements of a bona fide practitioner-patient relationship, as defined insubsection A, for the close contact except for the physical examinationrequired in clause (iii) of subsection A; and (iv) when such emergencytreatment is necessary to prevent imminent risk of death, life-threateningillness, or serious disability.
D. 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.), known as the "Drug ControlAct."
E. 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 (§ 54.1-3400 et seq.) in good faith to his patientfor a medicinal or therapeutic purpose within the scope of his professionalpractice.
F. 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 (§ 54.1-3400 et seq.) in good faith to his patientfor a medicinal or therapeutic purpose within the scope of his professionalpractice.
G. A TPA-certified optometrist who is authorized to prescribe controlledsubstances pursuant to Article 5 (§ 54.1-3222 et seq.) of Chapter 32 mayissue prescriptions in good faith or provide manufacturers' professionalsamples to his patients for medicinal or therapeutic purposes within thescope 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.
H. 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; 2010, c. 74.)
