Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 8238 (December 30, 2023).

28 Pa. Code § 25.52. Purpose.

§ 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 §  18.6a (relating to prescribing, dispensing and administering drugs); 49 Pa. Code §  18.158 (relating to prescribing and dispensing drugs, pharmaceutical aids and devices); 49 Pa. Code §  25.177 (relating to prescribing and dispensing drugs, pharmaceutical aids and devices); and 49 Pa. Code §  21.284a (relating to prescribing and dispensing drugs).



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