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CHAPTER 25. CONTROLLED SUBSTANCES, DRUGS, DEVICES, AND COSMETICS
Subch. Sec.
A. CONTROLLED SUBSTANCES, DRUGS, DEVICES AND COSMETICS 25.1
B. HEARING AID SALES AND REGISTRATION 25.201
Subchapter A. CONTROLLED SUBSTANCES, DRUGS, DEVICES AND COSMETICS
GENERAL PROVISIONS Sec.
25.1. Definitions.
GOOD MANUFACTURING PRACTICE IN MANUFACTURE, PROCESSING, PACKING OR HOLDING OF DRUGS
25.11. Buildings.
25.12. Equipment.
25.13. Personnel.
25.14. Components.
25.15. Production and control records.
25.16. Production and control procedures.
25.17. Product containers and their components.
25.18. Packaging and labeling.
25.19. Laboratory controls.
25.20. Distribution records.
25.21. Stability.
25.22. Expiration dating.
25.23. Complaint files.
STANDARDS OF OPERATION FOR DRUG, DEVICE OR COSMETIC DISTRIBUTORS
25.31. Sanitation requirements.
25.32. Warehousing requirements.
25.33. Distribution.
25.34. Personnel.
EMERGENCY DISPENSING
25.41. Pharmacist.
25.42. Emergency conditions.
25.43. Immediate writing required.
25.44. Unfamiliar practitioners.
25.45. Emergency oral prescription.
25.46. Failure to deliver written prescription.
PRESCRIPTIONS
25.51. Definition of prescription.
25.52. Purpose.
25.53. Prescription orders.
25.54. Posting notice.
25.55. Dispensing.
25.56. Prescription record keeping.
25.57. Nonprescription orders.
25.58. Generically equivalent drug products.
SECURITY REQUIREMENTS
25.61. General provisions.
25.62. Security controls for distributors.
25.63. Security controls for practitioners and research personnel.
SCHEDULES OF CONTROLLED SUBSTANCES
25.72. Schedules of controlled substances.
25.73. [Reserved].
25.74. [Reserved].
25.75. Paregoric.
25.76. [Reserved].
NONPROPRIETARY DRUGS
25.81. Classification of nonproprietary drugs.
LABELING OF DRUGS, DEVICES AND COSMETICS
25.91. Labeling.
25.92. Control numbers in labeling of controlled substances and other drugs but excluding prescription orders.
25.93. Labelingdrug code number.
25.94. Expiration date of drug.
25.95. Mandatory compliance.
MISBRANDING
25.101. Standards.
SALVAGE OF DISTRESSED DRUGS, DEVICES AND COSMETICS
25.102. Definition.
25.103. Distressed drugs, devices or cosmetics.
25.104. Prohibitions.
25.105. Normal return for credit.
REGISTRATION
25.113. Requirements for registration.
25.114. Persons exempt from registration.
25.115. Registration fees.
25.116. Time and method of payment; refund.
SAMPLES
25.121. Official samples for analysis.
25.122. Quantity of sample.
25.123. Disposition of sample.
25.124. Destruction of samples.
25.125. Payment for samples.
REPORTS OF SCHEDULE II CONTROLLED SUBSTANCES
25.131. Every dispensing practitioner.
HEARING AID SALES AND REGISTRATION
25.201. Application.
25.202. Definitions.
25.203. Advisory Council.
25.204. Application and renewal.
25.205. Special application requirements.
25.206. Examinations.
25.207. Categories of registrations fee schedule.
25.208. Display of registration certificates; offices.
25.209. Facilities, procedures and instrumentation.
25.210. Receipt to purchaserpurchaser protection.
25.211. Waiver forms.
25.212. Medical recommendations by examining physicians.
25.213. Consumer review.
25.214. Recordkeeping.
25.215. Denial, revocation or suspension of registrants certificate.
Authority The provisions of this Chapter 25 issued under the Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. § § 780-101780-144), unless otherwise noted.
Source The provisions of this Chapter 25 amended July 5, 1974, effective July 6, 1974, 4 Pa.B. 1371, unless otherwise noted.
Cross References This chapter cited in 28 Pa. Code § 113.15 (relating to locked storage); 28 Pa. Code § 113.23 (relating to records); 28 Pa. Code § 561.1 (relating to drugs and biologicals); 28 Pa. Code § 561.15 (relating to locked storage); 28 Pa. Code § 601.3 (relating to requirements for home health care agencies); and 49 Pa. Code § 16.92 (relating to prescribing, administering and dispensing controlled substances).
GENERAL PROVISIONS
§ 25.1. Definitions.
The following words and terms when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
ActThe Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. § § 780-101780-144).
DepartmentThe Department of Health of the Commonwealth.
DeviceIncludes the following:(i) An instrument, apparatus or contrivance, including their components, parts and accessories, intended as follows:
(A) For use in the diagnosis, cure, mitigation, treatment or prevention of disease of man or other animals.
(B) To affect the structure or a function of the body of man or other animals.
(ii) The term device shall include the following:
(A) Artificial eyes.
(B) Artificial limbs.
(C) Bandages and dressings, including, but not limited to, adhesive bandages, sterile gauze and cotton products, and elastic bandages and braces.
(D) Birth control devices, including, but not limited to, intrauterine devices, prophylactics, and vaginal diaphragms.
(E) Blood pressure testing apparatus.
(F) Body braces and supports, including, but not limited to, crutches, walkers and orthopedic braces and supports.
(G) Cardiac pacemakers and accessories.
(H) Colostomy and ileostomy appliances, bags and supplies.
(I) Corn pads or plasters.
(J) Dental materials which are transferred to the patient, including, but not limited to, dentures, fillings, crowns, inlays, bridges, and apparatus.
(K) Dialysis machines and artificial kidneys.
(L) Electronic therapeutic or diagnostic products.
(M) Eyeglasses and hard contact lenses.
(N) Hearing aids.
(O) Inhalation therapy equipment and emergency breathing equipment, including but not limited to atomizers, intermittent positive pressure breathing units, iron lungs, vaporizers, and oxygen equipment.
(P) Lamps, ultra-violet or infra-red.
(Q) Needles.
(R) Syringes.
(S) Physical therapy equipment for professional or home use, including but not limited to diathermy machines, electronic muscle stimulators, traction units, therapeutic vibrators, and whirlpool units.
(T) Surgical implants.
(U) Sutures.
(V) Thermometers.
(W) Urine test kits sold over-the-counter for home use.
(X) Wheelchairs.
SecretaryThe Secretary of Health of the Commonwealth.
Authority The provisions of this § 25.1 issued under section 2102 of The Administrative Code of 1929 (71 P. S. § 532); and sections 6 and 35 of the Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. § § 780-106 and 780-135).
Source The provisions of this § 25.1 amended April 8, 1977, 7 Pa.B. 997. Immediately preceding text appears at serial page (17625).
GOOD MANUFACTURING PRACTICE IN MANUFACTURE,
PROCESSING, PACKING OR HOLDING OF DRUGS
§ 25.11. Buildings.
Buildings shall be maintained in a clean and orderly manner and shall be of suitable size, construction, and location to facilitate adequate cleaning, maintenance, and proper operations in the manufacturing, processing, packing, labeling or holding of a drug. The buildings shall conform with the following:
(1) Provide adequate space for the following:
(i) Orderly placement of equipment and materials to minimize any risk of mixups between different drugs, drug components, in-process materials, packaging materials or labeling, and to minimize the possibility of contamination.
(ii) The receipt, storage and withholding from use of components pending sampling, identification, and testing prior to release by the materials approval unit for manufacturing and packaging.
(iii) The holding of rejected components prior to disposition to preclude the possibility of their use in manufacturing or packaging procedures for which they are unsuitable.
(iv) The storage of components, containers, packaging materials, and labeling.
(v) Any manufacturing and processing operations performed.
(vi) Any packaging or labeling operations.
(vii) Storage of finished products.
(viii) Control and production-laboratory operations.
(2) Provide adequate lighting, ventilation and screening and, when necessary for the intended production or control purposes, provide facilities for adequate air-pressure, microbiological, dust, humidity and temperature controls to insure the following:
(i) Minimize contamination of products by extraneous adulterants, including cross-contamination of one product by dust or particles of ingredients arising from the manufacture, storage or handling of another product.
(ii) Minimize dissemination of micro-organisms from one area to another.
(iii) Provide suitable storage conditions for drug components, in-process materials and finished drugs in conformance with stability information as derived under § 25.21 (relating to stability).
(3) Provide adequate locker facilities and hot and cold water washing facilities, including soap or detergent, air dryer or single service towels and clean toilet facilities near working areas.
(4) Provide an adequate supply of potable water under continuous positive pressure in a plumbing system free of defects that could cause or contribute to contamination of any drug. Drains shall be of adequate size and, where connected directly to a sewer, shall be equipped with traps to prevent back-siphonage.
(5) Provide suitable housing and space for the care of all laboratory animals.
(6) Provide for safe and sanitary disposal of sewage, trash and other refuse within and from the buildings and immediate premises.
§ 25.12. Equipment.
Equipment used for the manufacture, processing, packing, labeling, holding, testing or control of drugs shall be maintained in a clean and orderly manner and shall be of suitable design, size, construction and location to facilitate cleaning, maintenance and operation for its intended purpose. These regulations permit the use of precision automatic, mechanical or electronic equipment in the production of drugs when adequate inspection and checking procedures are used to assure proper performance. The equipment shall conform with the following:
(1) Be so constructed that all surfaces that come into contact with a drug product shall not be reactive, additive or absorptive so as to alter the safety, identity, strength, quality or purity of the drug or its components beyond the official or other established requirements.
(2) Be so constructed that any substances required for operation of the equipment, such as lubricants or coolants, do not contact drug products so as to alter the safety, identity, strength, quality or purity of the drug or its components beyond the official or other established requirements.
(3) Be constructed and installed to facilitate adjustment, disassembly, cleaning and maintenance to assure the reliability of control procedures, uniformity of production, and exclusion from the drugs of contaminants from previous and current operations that might affect the safety, identity, strength, quality or purity of the drug or its components beyond the official or other established requirements.
(4) Be of suitable type, size and accuracy for any testing, measuring, mixing, weighing or other processing or storage operations.
§ 25.13. Personnel.
(a) A person may not operate as a manufacturer of drugs unless the drugs are manufactured under the supervision of a registered pharmacist, chemist or other person possessing at least 5 years experience in the manufacture of drugs or another person approved by the secretary as qualified by scientific or technical training or experience to perform the duties of supervision as may be necessary to protect the public health and safety.
(b) A person shown at any time (either by medical examination or supervisory observation) to have an apparent illness or open lesions that may adversely affect the safety or quality of drugs shall be excluded from direct contact with drug products until the condition is corrected. Employes shall be instructed to report to supervisory personnel conditions that may have an adverse effect on drug products.
§ 25.14. Components.
Components and other materials used in the manufacture, processing and packaging of drug products, and materials necessary for building and equipment maintenance, upon receipt shall be stored and handled in a safe, sanitary and orderly manner. Adequate measures shall be taken to prevent mixups and cross-contamination affecting drugs and drug products. Components shall be withheld from use until they have been identified, sampled and tested for conformance with established specifications and are released by a materials approval unit. Control of components shall include the following:
(1) Each container of component shall be examined visually for damage or contamination prior to use, including examination for breakage of seals when indicated.
(2) An adequate number of samples shall be taken from a representative number of component containers from each lot and shall be subjected to one or more tests to establish the specific identity.
(3) Representative samples of components liable to contamination with filth, insect infestation, or other extraneous contaminants shall be appropriately examined.
(4) Representative samples of all components intended for use as active ingredients shall be tested to determine their strength in order to assure conformance with appropriate specifications.
(5) Representative samples of components liable to microbiological contamination shall be subjected to microbiological tests prior to use. Such components shall not contain microorganisms that are objectionable in view of their intended use.
(6) Approved components shall be appropriately identified and retested as necessary to assure that they conform to appropriate specifications of identity, strength, quality, and purity at time of use. This requires the following:
(i) Approved components shall be handled and stored to guard against contaminating or being contaminated by other drugs or components.
(ii) Approved components shall be rotated in such a manner that the oldest stock is used first.
(iii) Rejected components shall be identified and held to preclude their use in manufacturing or processing procedures for which they are unsuitable.
(7) Appropriate records shall be maintained, including the following:
(i) The identity and quantity of the component, the name of the supplier, the suppliers lot number, and the date of receipt.
(ii) Examinations and tests performed and rejected components and their disposition.
(iii) An individual inventory and record for each component used in each batch of drug manufactured or processed.
(8) An appropriately identified reserve sample of all active ingredients consisting of at least twice the quantity necessary for all required tests, except those for sterility and determination of the presence of pyrogens, shall be retained for at least 2 years after distribution of the last drug lot incorporating the component has been completed or 1 year after the expiration date of this last drug lot, whichever is longer.
Cross References This section cited in 28 Pa. Code § 25.19 (relating to laboratory controls).
§ 25.15. Production and control records.
(a) To assure uniformity from batch to batch, a master production and control record for each drug product and each batch size of drug product shall be prepared, dated, and signed or initialed by a competent and responsible individual and shall be independently checked, reconciled, dated and signed by a second competent and responsible individual. The master production and control record shall include:
(1) The name of the product, description, of the dosage form, and a specimen or copy of each label and all other labeling associated with the retail or bulk unit, including copies of such labeling signed or initialed and dated by the person or persons responsible for approval of such labeling.
(2) The name and weight or measure of each active ingredient per dosage unit or per unit of weight or measure of the finished drug, and a statement of the total weight or measure of any dosage unit.
(3) A complete list of ingredients designated by names or codes sufficiently specific to indicate any special quality characteristic; and accurate statement of the weight or measure of each ingredient regardless of whether it appears in the finished product, except that reasonable variations may be permitted in the amount of components necessary in the preparation in dosage form provided that provisions for such variations are included in the master production and control record; an appropriate statement concerning any calculated excess of an ingredient; an appropriate statement of theoretical weight or measure at various stages of processing; and a statement of the theoretical yield.
(4) A description of the containers, closures, and packaging and finishing materials.
(5) Manufacturing and control instructions, procedures, specifications, special notations, and precautions to be followed.
(b) The batch production and control record shall be prepared for each batch of drug produced and shall include complete information relating to the production and control of each batch. These records shall be retained for at least two years after the batch distribution is complete or at least 1 year after the batch expiration date, whichever is longer. These records shall identify the specific labeling and lot or control numbers used on the batch and shall be readily available during such retention period. The batch record shall include:
(1) An accurate reproduction of the appropriate master formula record checked, dated, and signed or initialed by a competent and responsible individual.
(2) A record of each significant step in the manufacturing, processing, packaging, labeling, testing, and controlling of the batch, including dates, individual major equipment and lines employed; specific identification of each batch of components used; weights and measures of components and products used in the course of processing; in-process and laboratory control results; and identifications of the individuals actively performing and the individuals directly supervising or checking each significant step in the operation.
(3) A batch number that identifies all the production and control documents relating to the history of the batch and all lot or control numbers associated with the batch.
This section cited in 28 Pa. Code § 25.15 (relating to production and control records); 28 Pa. Code § 25.18 (relating to packaging and labeling); 28 Pa. Code § 25.23 (relating to complaint files).
§ 25.17. Product containers and their components.
Suitable specifications, test methods, cleaning procedures and, when indicated, sterilization procedures shall be used to assure that containers, closures and other component parts of drug packages are suitable for their intended use. Product containers and their components shall not be reactive, additive or absorptive so as to alter the safety, identity, strength, quality or purity of the drug or its components beyond the official or established requirements and shall provide adequate protection against external factors that can cause deterioration or contamination of the drug.
§ 25.18. Packaging and labeling.
Packaging and labeling operations shall be adequately controlled: To assure that only those drug products that have met the standards and specifications established in their master production and control records shall be distributed; to prevent mixups between drugs during filling, packaging, and labeling operations; to assure that correct labels and labeling are employed for the drug; and to identify the finished product with a lot or control number that permits determination of the history of the manufacture and control of the batch. An hour, day, or shift code is appropriate as a lot or control number for drug products manufactured or processed in continuous production equipment. Packaging and labeling operations shall conform with the following:
(1) Be separated, physically or spatially, from operations on other drugs in a manner adequate to avoid mixups and minimize cross-contamination. Two or more packaging or labeling operations having drugs, containers, or labeling similar in appearance shall not be in process simultaneously on adjacent or nearby lines unless these operations are separated either physically or spatially.
(2) Provide for an inspection of the facilities prior to use to assure that all drugs and previously used packaging and labeling materials have been removed.
(3) Include the following labeling controls:
(i) The holding of labels and package labeling upon receipt pending review and proofing against an approved final copy by a competent and responsible individual to assure that they are accurate regarding identity, content, and conformity with the approved copy before release to inventory.
(ii) The maintenance and storage of each type of label and package labeling representing different products, strength, dosage forms, or quantity of contents in such a manner as to prevent mixups and provide proper identification.
(iii) A suitable system for assuring that only current labels and package labeling are retained and that stocks of obsolete labels and package labeling are destroyed.
(iv) Restriction of access to labels and package labeling to authorized personnel.
(v) Avoidance of gang printing of cut labels, cartons, or inserts when the labels, cartons, or inserts are for different products or different strengths of the same products or are of the same size and have identical or similar format and/or color schemes. If gang printing is employed, packaging and labeling operations shall provide for added control procedures. These added controls should consider sheet layout, stacking, cutting and handling during and after printing.
(4) Provide strict control of the package labeling issued for use with the drug. Such issue shall be carefully checked by a competent and responsible person for identity and conformity to the labeling specified in the batch production record. Said record shall identify the labeling and the quantities issued and used and shall reasonably reconcile any discrepancy between the quantity of drug finished and the quantities of labeling issued. All excess package labeling bearing lot or control numbers shall be destroyed. In event of any significant unexplained discrepancy, an investigation should be carried out according to § 25.16(h) (relating to production and control procedures).
(5) Provide for adequate examination or laboratory testing of representative samples of finished products after packaging and labeling to safeguard against any errors in the finishing operations and to prevent distribution of any batch until all specified tests have been met.
Cross References This section cited in 28 Pa. Code § 113.25 (relating to drug distribution systems).
§ 25.19. Laboratory controls.
Laboratory controls shall include the establishment of scientifically sound and appropriate specifications, standards, and test procedures to assure that components, in-process drugs, and finished products conform to appropriate standards of identity, strength, quality, and purity. Laboratory controls shall include the following:
(1) The establishment of master records containing appropriate specifications for the acceptance of each lot of drug components, product containers, and their components used in drug production and packaging and a description of the sampling and testing procedures used for them. Said samples shall be representative and adequately identified. Such records shall also provide for appropriate retesting of drug components, product containers, and their components subject to deterioration.
(2) A reserve sample of all active ingredients as required by § 25.14 (8) (relating to components).
(3) The establishment of master records, when needed, containing specifications and a description of sampling and testing procedures for in-process drug preparations. Such samples shall be adequately representative and properly identified.
(4) The establishment of master records containing a description of sampling procedures and appropriate specifications for finished drug products. Such samples shall be adequately representative and properly identified.
(5) Adequate provisions for checking the identity and strength of drug products for all active ingredients and for assuring:
(i) Sterility of drugs purported to be sterile and freedom from objectionable micro-organisms for those drugs which should be so by virtue of their intended use.
(ii) The absence of pyrogens for those drugs purporting to be pyrogen-free.
(iii) Minimal contamination of ophthalmic ointments by foreign particles and harsh or abrasive substances.
(iv) That the drug release pattern of sustained release products is tested by laboratory methods to assure conformance to the release specifications.
(6) Adequate provision for auditing the reliability, accuracy, precision, and performance of laboratory test procedures and laboratory instruments used.
(7) A properly identified reserve sample of the finished product (stored in the same immediate container closure system in which the drug is marketed) consisting of at least twice the quanitity necessary to perform all the required tests, except those for sterility and determination of the absence of pyrogens, and stored under conditions consistent with product labeling shall be retained for at least 2 years after the drug distribution has been completed or at least 1 year after the drugs expiration date, whichever is longer.
(8) Provision for retaining complete records of all laboratory data relating to each batch or lot of drug to which they apply. Such records shall be retained for at least 2 years after distribution has been completed or 1 year after the drugs expiration date, whichever is longer.
(9) Provision that animals shall be maintained and controlled in a manner that assures suitability for their intended use. They shall be identified and appropriate records maintained to determine the history of use.
(10) Provision that firms which manufacture non penicillin products, including certifiable antibiotic products, on the same premises or use the same equipment as that used for manufacturing penicillin products, or that operate under any circumstances that may reasonably be regarded as conducive to contamination of other drugs by penicillin, shall test such non penicillin products to determine whether any have become cross-contaminated by penicillin. Such products shall not be marketed if intended for use in man or animals and the product is contaminated with an amount of penicillin equivalent to 0.05 unit or more of penicillin G per maximum single dose recommended in the labeling of a drug intended for parenteral administration or an amount of penicillin equivalent to 0.5 unit or more of penicillin G per maximum single dose recommended in the labeling of a drug intended for oral use.
§ 25.20. Distribution records.
(a) Finished goods warehouse control and distribution procedures shall include a system by which the distribution of each lot of drug can be readily determined to facilitate its recall if necessary. Records within the system shall contain the name and address of the consignee, date and quantity shipped, and lot or control number of the drug. Records shall be retained for at least 2 years after the distribution of the drug has been completed or 1 year after the expiration date of the drug, whichever is longer.
(b) To assure the quality of the product, finished goods warehouse control shall also include a system whereby the oldest approved stock is distributed first whenever possible.
§ 25.21. Stability.
There shall be assurance of the stability of finished drug products. This stability shall be in accordance with the following:
(1) Determined by reliable, meaningful, and specific test methods.
(2) Determined on products in the same container closure systems in which they are marketed.
(3) Determined on any dry drug product that is to be reconstituted at the time of dispensing, as directed in its labeling, as well as on the reconstituted product.
(4) Recorded and maintained in such manner that the stability data may be utilized in establishing product expiration dates.
Cross References This section cited in 28 Pa. Code § 25.11 (relating to buildings); and 28 Pa. Code § 25.22 (relating to expiration date).
§ 25.22. Expiration dating.
To assure that drug products liable to deterioration meet appropriate standards of identity, strength, quality, and purity at the time of use, the label of all such drugs shall have suitable expiration dates which relate to stability tests performed on the products.
(1) Expiration dates appearing on the drug labeling shall be justified by readily available data from stability studies such as described in § 25.21 (relating to stability).
(2) Expiration dates shall be related to appropriate storage conditions stated on the labeling wherever the expiration date appears.
(3) When the drug is marketed in the dry state for use in preparing a liquid product, the labeling shall bear expiration information for the reconstituted product as well as an expiration date for the dry product.
§ 25.23. Complaint files.
Records shall be maintained of all written and oral complaints regarding each product. An investigation of each complaint shall be made in accordance with § 25.16(8) (relating to production and control procedures). The record of each investigation shall be maintained for at least 2 years after distribution of the drug has been completed or 1 year after the expiration date of the drug, whichever is longer.
STANDARDS OF OPERATION FOR DRUG, DEVICE OR
COSMETIC DISTRIBUTORS
§ 25.31. Sanitation requirements.
Those areas of drug, device or cosmetic distributing establishments where drugs, devices or cosmetics are warehoused or stored shall be maintained in a clean, orderly condition, free from vermin infestations, accumulated waste and debris. Preventive measures shall include, but shall not be limited to, the following:
(1) Warehousing facilities shall be of construction, material, and finish that will permit the ready and efficient cleaning of all surfaces, having regard to the nature of the operations being performed.
(2) Adequate lighting shall be provided in all working areas.
(3) Sufficient working and storage space shall be provided to permit adequate cleaning and housekeeping.
(4) The establishments shall be free from accumulations of water not necessary for operational or sanitation procedures.
(5) Proper and adequate toilet facilities shall be provided and kept in satisfactory condition at all times with sufficient lighting and ventilation. Such facilities shall be separate from operational areas of such establishments. Handwashing facilities shall be available and rules shall require their use before returning to work.
The provisions of this § 25.32 issued under section 35 of the Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. § 780-135); and section 2102(g) of The Administrative Code of 1929 (71 P. S. § 532(g)).
Source The provisions of this § 25.32 amended September 12, 1986, effective September 13, 1986, 16 Pa.B. 3396. Immediately preceding text appears at serial page (96886).
§ 25.33. Distribution.
(a) Distributing establishments shall not distribute nonproprietary drugs or controlled substances to persons unauthorized by the act to receive them.
(b) No person shall buy, sell, cause to be sold or offer for sale any drug or device which bears or which package bears or originally did bear, the inscription sample or not for sale or words of similar import. This subsection does not apply to the production of promotional samples by one manufacturer for distribution by another manufacturer.
(c) Distributors shall keep records of all purchases or other receipts and sales or other distribution of drugs, devices and controlled substances, other than those exempt by regulation, for 2 years from the date of receipt and distribution. Such records shall include the following:
(1) Name and address of person from whom received.
(2) Name and address of person to whom distributed.
(3) Date of receipt and distribution.
The provisions of this § 25.34 issued under section 35 of the Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. § 780-135); and section 2102(g) of The Administrative Code of 1929 (71 P. S. § 532(g)).
Source The provisions of this § 25.34 amended September 12, 1986, effective September 13, 1986, 16 Pa.B. 3396. Immediately preceding text appears at serial page (96886).
EMERGENCY DISPENSING
§ 25.41. Pharmacist.
A pharmacist may dispense to the ultimate user a controlled substance listed in Schedule II which is a prescription drug as determined under the Federal Food Drug and Cosmetic Act, 21 U.S.C.A. § 812 upon receiving oral authorization without the written prescription order of a licensed practitioner only under the following emergency situations:
(1) That immediate administration of the controlled substance is necessary for proper treatment of the intended ultimate user.
(2) That no appropriate alternative treatment is available including administration of a drug that is not a controlled substance under Schedule II of the act, 21 U.S.C.A. § 812.
Cross References This section cited in 28 Pa. Code § 551.3 (relating to definitions).
§ 25.42. Emergency conditions.
The quantity prescribed and dispensed under emergency conditions is limited to the amount adequate to treat the patient during the emergency period.
Cross References This section cited in 28 Pa. Code § 551.3 (relating to definitions).
§ 25.43. Immediate writing required.
The prescription shall be immediately reduced to writing by the pharmacist and shall contain all the information required under section 4 of the act (35 P. S. § 780-104) except the signature of the prescribing licensed practitioner.
Cross References This section cited in 28 Pa. Code § 551.3 (relating to definitions).
§ 25.44. Unfamiliar practitioners.
If the prescribing practitioner is not known to the pharmacist, he must make a reasonable effort to determine that the oral authorization came from a licensed practitioner, which may include a call back to the practitioner using the phone number listed in the telephone directory of other good faith efforts to insure his identity.
Cross References This section cited in 28 Pa. Code § 551.3 (relating to definitions).
§ 25.45. Emergency oral prescription.
Within 72 hours after authorizing an emergency oral prescription, the prescribing practitioner shall have a written prescription for the emergency quantity prescribed delivered to the dispensing pharmacist. In addition to conforming to the requirements of these regulations, and the act, the prescription shall have written on its face Authorization for Emergency Dispensing and the date of the oral order. Upon receipt the dispensing pharmacist shall attach this prescription to the oral emergency prescription which had earlier been reduced to writing.
Cross References This section cited in 28 Pa. Code § 551.3 (relating to definitions).
§ 25.46. Failure to deliver written prescription.
The pharmacist shall notify the nearest office of the Federal Drug Enforcement Administration if the prescribing individual practitioner fails to deliver a written prescription to him; failure of the pharmacist to do so shall void the authority conferred by this section to dispense a controlled substance without a written prescription of a prescribing individual practitioner.
Cross References This section cited in 28 Pa. Code § 551.3 (relating to definitions).
PRESCRIPTIONS
§ 25.51. Definition of prescription.
The term prescription or prescription order means an order for a controlled substance, other drug, or device for medication which is dispensed to or for an ultimate user, but does not include an order for a controlled substance, other drug, or device for medication which is dispensed for immediate administration to the ultimate user. For example, an order to dispense a drug to a bed patient for immediate administration in a hospital is not a prescription order.
Cross References This section cited in 28 Pa. Code § 551.3 (relating to definitions); 49 Pa. Code § 18.53 (relating to prescribing and dispensing drugs); 49 Pa. Code § 18.158 (relating to prescribing and dispensing drugs, pharmaceutical aids and devices); and 49 Pa. Code § 21.283 (relating to prescribing and dispensing drugs).
§ 25.52. Purpose.
(a) A prescription for a controlled substance must be issued for a legitimate medical purpose by a licensed practitioner in the usual course of professional practice. The responsibility for proper prescribing of controlled substances is upon the practitioner but a corresponding responsibility rests with the pharmacist who dispenses the medication and interprets the directions of the prescriber to the patient.
(b) A prescription may not be issued by a practitioner to obtain controlled substances for use in his routine office practice nor for general dispensing to his patients.
(c) A prescription may not be issued for the dispensing of controlled substances listed in any schedule to a drug dependent person for the purpose of continuing his dependence upon such drugs, nor in the course of conducting an authorized clinical investigation in a narcotic dependency rehabilitation program.
Notes of Decisions A pharmacist who fills numerous prescriptions emanating from a dentist for medications which clearly do not comport with a dental practice (such as birth control drugs and unusually large dosages of valium) violates the standards of his profession and the duty imposed by the provisions of this section. Askin v. Department of Public Welfare, 423 A.2d 1371 (Pa. Cmwlth. 1981).
Cross References This section cited in 28 Pa. Code § 551.3 (relating to definitions); 49 Pa. Code § 18.53 (relating to prescribing and dispensing drugs); 49 Pa. Code § 18.158 (relating to prescribing and dispensing drugs, pharmaceutical aids and devices); and 49 Pa. Code § 21.283 (relating to prescribing and dispensing drugs).
§ 25.53. Prescription orders.
(a) Prescription orders may be written on prescription blanks or may be oral, if allowed by law.
(b) If prescriptions are issued in writing, the bottom of every prescription blank shall be imprinted with the words substitution permissible and shall contain one signature line for the physicians or other authorized prescribers signature. The prescribers signature shall validate the prescription, and unless the prescriber handwrites brand necessary or brand medically necessary shall designate approval of substitution of a drug by a pharmacist, pursuant to the act. Imprinted conspicuously on the prescription blanks shall be the words: IN ORDER FOR A BRAND NAME PRODUCT TO BE DISPENSED, THE PRESCRIBER MUST HANDWRITE BRAND NECESSARY OR BRAND MEDICALLY NECESSARY IN THE SPACE BELOW. Information printed on the prescription blank shall be in 8 point, upper-case print. The following example would be acceptable:
SUBSTITUTION PERMISSIBLE
M.D.*
IN ORDER FOR A BRAND NAME PRODUCT TO BE DISPENSED, THE PRESCRIBER MUST HANDWRITE BRAND NECESSARY OR BRAND MEDICALLY NECESSARY IN THE SPACE BELOW.
*as appropriate(c) If prescription orders are given orally, substitution is permissible unless the prescriber expressly indicates to the pharmacist that the brand name drug is necessary and that substitution is not allowed.
(d) Prescriptions for controlled substances shall be written in indelible ink, indelible pencil or typewriter and shall include the following information:
(1) The date of issue.
(2) The name and address of the patient, or if the patient is an animal, the name and address of the owner and the species of the animal.
(3) Directions for administration.
(4) The name, address and Federal Drug Enforcement Administration registration number of the prescribing practitioner.
(5) The signature of the prescribing practitioner in the manner described in subsection (b).
(e) The Federal Drug Enforcement Administration registration number cannot be preprinted on the prescription form.
Authority The provisions of this § 25.53 issued under section 5(a) of the act of November 24, 1976 (P. L. 1163, No. 259) (35 P. S. § 960.5); amended under section 3 of the act of November 24, 1976 (P. L. 1163, No. 259) (35 P. S. § 960.5); and section 2102(g) of The Administrative Code of 1929 (71 P. S. § 532(g)).
Source The provisions of this § 25.53 amended through June 24, 1977, 7 Pa.B. 1815; amended October 26, 1990, effective October 27, 1990, 20 Pa.B. 5426. Immediately preceding text appears at serial pages (116446) to (116447).
Cross References This section cited in 28 Pa. Code § 551.3 (relating to definitions); 49 Pa. Code § 18.53 (relating to prescribing and dispensing drugs); 49 Pa. Code § 18.158 (relating to prescribing and dispensing drugs, pharmaceutical aids and devices); and 49 Pa. Code § 21.283 (relating to prescribing and dispensing drugs).
§ 25.54. Posting notice.
(a) Every pharmacy shall post a sign which shall read as follows: PENNSYLVANIA LAW PERMITS PHARMACISTS TO SUBSTITUTE A LESS EXPENSIVE GENERICALLY EQUIVALENT DRUG FOR A BRAND NAME DRUG UNLESS YOU OR YOUR PHYSICIAN DIRECT OTHERWISE. This sign will be printed in boldface letters not less than one inch or 2.54 centimeters in height on a white background and posted in a prominent place that is in clear and unobstructed public view at or near the place where prescriptions are dispensed.
(b) Every pharmacy shall post in a conspicuous place, easily accessible to the general public, a list of commonly used generically equivalent drug products from the Department Formulary containing brand names, names of the manufacturers, and generic names. This list shall be alphabetized by brand name, each of which shall be followed by the generic name, and printed in boldface type clearly legible and accessible to the general public.
(c) Every pharmacy shall have available to the public a listing of the regular and customary retail prices of that pharmacy for brand name and generic equivalent drug products, with the name of the manufacturer, available for selection by the person presenting the prescription.
Authority The provisions of this § 25.54 issued under section 5(a) of the act of November 24, 1976 (P. L. 1163, No. 259) (35 P. S. § 960.5).
Source The provisions of this § 25.54 amended June 24, 1977, 7 Pa.B. 1742. Immediately preceding text appears at serial page (17641).
Cross References This section cited in 28 Pa. Code § 551.3 (relating to definitions); 49 Pa. Code § 18.53 (relating to prescribing and dispensing drugs); 49 Pa. Code § 18.158 (relating to prescribing and dispensing drugs, pharmaceutical aids and devices); and 49 Pa. Code § 21.283 (relating to prescribing and dispensing drugs).
§ 25.55. Dispensing.
(a) Where the pharmacist is to substitute a less expensive generically equivalent drug for a brand name drug at the pharmacy, notification to the person presenting the prescription shall be made by the pharmacist, either directly or through a pharmacy intern or other person under the supervision of the pharmacist authorized to assist the pharmacist by the State Board of Pharmacy. Such notification shall be limited to advising the person presenting the prescription that substitution is possible, to advising the person of the amount of the retail price difference between the brand name and the generically equivalent drug product substituted for it, and to informing the person that he may refuse the substitution. Questions by the person presenting the prescription for drug product information shall be answered only by the pharmacist or pharmacy intern. The notification described in this subsection of a possible substitution and retail price difference may be oral or may be in a written statement similar to the following: Your
![]()
(2) After receiving a prescription order by mail, a mail order pharmacy shall substitute a less expensive generically equivalent drug product listed in the Formulary unless expressly directed otherwise by the person presenting the prescription or the prescribing physician.
(3) When a generically equivalent drug product is dispensed by mail, the pharmacy shall notify the person presenting the prescription of the substitution and shall indicate the retail price difference between the brand name drug and the generic equivalent drug product substituted for it.
(c) Any pharmacist substituting a less expensive drug product shall charge the person presenting the prescription the regular and customary retail price of that pharmacy for the generically equivalent drug.
(d) No pharmacist shall substitute a generically equivalent drug product for a prescribed brand name drug product if the brand name drug product or the generic drug type is not included in the Formulary developed by the Department and found at § 25.58 (relating to generically equivalent drug products).
(e) Prescription refills, where permitted by the practitioner, shall be completed using the identical product (same distributor and manufacturer) as dispensed on the original, unless the person presenting the prescription and the practitioner authorize in advance a different manufacturers generic equivalent product. Advance authorization is not required in an emergency, but the physician shall be notified by the pharmacist as soon as possible thereafter.
Authority The provisions of this § 25.55 issued under section 5(a) of the act of November 24, 1976 (P. L. 1163, No. 259) (35 P. S. § 960.5).
Source The provisions of this § 25.55 amended June 24, 1977, effective June 25, 1977, 7 Pa.B. 1742. Immediately preceding text appears at serial pages (17641) and (17642).
Cross References This section cited in 28 Pa. Code § 551.3 (relating to definitions); 49 Pa. Code § 18.53 (relating to prescribing and dispensing drugs); 49 Pa. Code § 18.158 (relating to prescribing and dispensing drugs); 49 Pa. Code § 21.283 (relating to prescribing and dispensing drugs); and 49 Pa. Code § 43a.9 (relating to schedule of civil penaltiespharmacists and pharmacies).
§ 25.56. Prescription record keeping.
(a) Prescription orders for controlled substances in Schedules I and II shall be maintained in a file separate from all other records of the pharmacy.
(b) Prescription orders for controlled substances in Schedules III, IV and V shall be maintained either in a separate prescription file or in such form that they are readily retrievable from the other prescription records of the pharmacy. They will be deemed readily retrievable if, at the time they are initially filed, the face of the prescription is marked in red ink in the lower right corner with the letter C, no less than one inch high and filed in the usual consecutively numbered prescription file for noncontrolled substances.
(c) When a pharmacist substitutes a generically equivalent drug product for a brand name product, he shall maintain a record of the substitution by making a notation indicating the generic equivalent drug name, using abbreviations if necessary, and the name of the manufacturer and distributor of the product dispensed on the original prescription order retained by the pharmacist, or the pharmacist may store it in a functionally equivalent retrieval system.
Authority The provisions of this § 25.56 issued under section 5(a) of the act of November 24, 1976 (P. L. 1163, No. 259) (35 P. S. § 960.5).
Source The provisions of this § 25.56 adopted June 24, 1977, effective June 25, 1977, 7 Pa.B. 1742.
Cross References This section cited in 28 Pa. Code § 551.3 (relating to definitions); 49 Pa. Code § 18.53 (relating to prescribing and dispensing drugs); 49 Pa. Code § 18.158 (relating to prescribing and dispensing drugs); 49 Pa. Code § 21.283 (relating to prescribing and dispensing drugs); and 49 Pa. Code § 43a.9 (relating to schedule of civil penaltiespharmacists and pharmacies).
§ 25.57. Nonprescription orders.
A controlled substance listed in Schedules III, IV, or V which is not a prescription drug as determined under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § § 301392, may be dispensed without a prescription to a purchaser at retail provided that the following conditions are met:
(1) Such distribution is made only by a registered pharmacist and not by a nonpharmacist employe even if under the direct supervision of a pharmacist; although, after the pharmacist has fulfilled his professional and legal responsibilities, the actual cash, credit transaction, or delivery may be completed by a nonpharmacist.
(2) Not more than 240 milliliters, eight fluid or avoirdupois ounces of any such controlled substance listed in Schedule V containing opium nor more than 120 milliliters, four fluid or avoirdupois ounces of any other controlled substance listed in Schedule V may be distributed at retail to the same purchaser in a given 72-hour period, except under a written or oral prescription of a licensed practitioner in possession of a DEA number.
(3) The purchaser is at least 18 years of age.
(4) The pharmacist requires every purchaser of a controlled substance listed in Schedule V not known to him to furnish suitable identification, including proof of age where appropriate.
(5) A bound record book for distributions of controlled substances, other than by prescription order, is maintained by the pharmacist. This book shall contain the name and address of the purchaser, the name and quantity of controlled substance purchased, the date of each purchase, and the name or initials of the dispensing pharmacist.
(6) No individual other than a registered manufacturer, distributor, practitioner, or pharmacy in possession of a Federal DEA registration shall acquire or attempt to acquire controlled substances containing opium listed in Schedule V in excess of eight fluid or avoirdupois ounces nor any other controlled substance if listed in Schedule V in excess of four fluid or avoirdupois ounces for any individual in a 72-hour period, except when dispensed pursuant to a prescription or prescription order.
Authority The provisions of this § 25.57 issued under section 5(a) of the act of November 24, 1976 (P. L. 1163, No. 259) (35 P. S. § 960.5).
Source The provisions of this § 25.57 adopted June 24, 1977, effective June 25, 1977, 7 Pa.B. 1742.
Cross References