Section 338.3167. Dispensing schedule 5 substances without prescriptions.

(1) A pharmacist may, without a prescription, dispense a controlled substance listed in schedule 5 which is not a  prescription medication  as determined under the federal food, drug, and cosmetic act, 21 U.S.C. §§301 to 392, if all of the following provisions are met:

(a)      The dispensing pharmacist has determined it is to be used  for  a medical purpose.

(b)     Not more than 240 cc  (8  ounces)  or  48  solid  doses  of   a substance containing opium or more than 120 cc (4 ounces) or 24 solid doses of any other substance listed in schedule 5 are distributed at retail to the same purchaser in any single 48-hour period.

(c)    The purchaser is at least 18 years of age.

(d)     The pharmacist requires a purchaser not known to the pharmacist to furnish suitable identification, including proof of age where appropriate.

(2)   If a pharmacist dispenses a controlled substance listed  in  schedule 5, then he or she shall affix to the container in which the substance is dispensed a label that shows the date, his or her own name, and the name and address of the place of practice in which the substance is dispensed.

(3)    The pharmacist shall maintain a record of the dispensing of controlled substances listed in schedule 5. The record shall be immediately retrievable and may be maintained in the same  manner  as  required  for schedule  5 prescription medication. The record shall contain   all   of the following information:

(a)    The name and address of the patient.

(b)    The name and address of the purchaser if different from the patient.

(c)    The name and quantity of substance purchased.

(d)    The date purchased.

(e)    The name or initials of the pharmacist or pharmacy intern who dispensed the substance.

(f)    The medical purpose for   which  the  medication   is  being  used  as determined by the pharmacist.

History: 1979 AC; 1982 AACS; 2002 AACS; 2003 AACS.