Section 338.3162. Dispensing by pharmacists; delivery of controlled substances.

(1) A controlled substance shall be dispensed by a pharmacist or a pharmacy intern in the presence, and under the immediate supervision, of a pharmacist.

(2)    A pharmacist shall require positive identification of individuals to whom controlled substances are dispensed or delivered when the individual is not known to the pharmacist or pharmacy employees. The following provide for waiver of this requirement:

(a)     When positive identification is not available and a   pharmacist,  who in exercising his or her professional judgment, determines that a delay in dispensing the controlled substance may be detrimental to a patient.

(b)      Subdivision (a) of this subrule does not exempt a pharmacist from the requirement to submit a patient identifier,  as  defined  in  R 338.3102(1)(f).

(3)     The dispensing pharmacist and pharmacy  are      responsible       for compliance with this rule.

(4)   Except as provided by R 338.3162a, a pharmacist may dispense a controlled substance which is listed in schedules 3 to 5 and which is a prescription drug pursuant to the provisions of the federal food,     drug, and cosmetic act of 1991, 21 U.S.C.

§201.100(b)(i) et seq., only pursuant to a written, electronically transmitted, or oral order of a prescriber that contains all of the required information under R 338.3161, except that  the signature of the prescriber is not required  if   the    controlled substance is obtained pursuant to an oral order.

(5)   If an oral order for a controlled substance listed in schedule 3 to 5 is transmitted by the prescriber's   agent  under  delegation  then   all   of the following shall be recorded on

the prescription generated at the pharmacy: The information required by R 338.3161.The transmitting agent's identity. The individual who received the prescription at the pharmacy.

(6)     Only an order that  is  issued  in  the   usual  course   of professional treatment or in the course of legitimate    and   authorized research is a prescription.

History: 1979 AC; 1993 AACS; 2002 AACS; 2003 AACS; 2007 AACS.