SECTION 475:30-1-3. Purpose of issuance of prescriptions  


Latest version.
  • (a)   A prescription for a controlled dangerous substance to be effective must be issued for a legitimate medical purpose by a registered or otherwise authorized individual practitioner acting in the usual course of his/her professional practice. The responsibility for the proper prescribing and dispensing of controlled dangerous substances is upon the prescribing practitioner, but a corresponding responsibility rests with the pharmacist who fills the prescription, as the filling of a prescription is not incumbent on the pharmacy. An order purporting to be a prescription issued not in the usual course of professional treatment or in legitimate and authorized research is not a prescription within the meaning and intent of Title 63 Okl.St.Ann. §§ 2-309 and 2-312, and the person knowingly filling such a purported prescription, as well as the person issuing it, shall be subject to the penalties provided for violations of the provisions of law relating to controlled dangerous substances.
    (b)   A prescription may not be issued in order for a registered or otherwise authorized individual practitioner to obtain controlled dangerous substances to stock or re-supply his/her office or medical bag for the purpose of general dispensing to patients. Such orders for stock or re-supply must be made by invoice for schedules III, IV, and V, or by DEA-222 order form for schedules I and II.
    (c)   A prescription may not be issued for the dispensing of a controlled dangerous substance listed in any schedule to a drug dependent person for the sole purpose of continuing his/her dependence upon such drugs. This prohibition applies to the use of gradually diminished doses for the purpose of tapering the person's dependence. This section does not apply to a properly licensed and registered narcotic treatment program.
    (d)   A practitioner may not distribute, dispense, sell, give, prescribe or administer any controlled substances in Schedules I through V for the practitioner's personal use, or for an immediate family member. Provided that this paragraph shall not apply to family members outside the second degree of consanguinity or affinity. Provided further that this paragraph shall not apply to medical emergencies when no other medical doctor is available to respond to the emergency.
[Source: Amended at 12 Ok Reg 2847, eff 7-15-95; Amended at 24 Ok Reg 2741, eff 8-11-07]