Section 338.3163. Drug-dependent person; prescribing, dispensing, and administering controlled substance.

(1) A prescription shall not be issued for  a   controlled substance nor shall a controlled substance be  dispensed  or  administered to  a  drug dependent person for the purpose of continuing his or her  drug dependency, except as follows:

(a)     A prescriber, licensed in accordance with federal  and  state   law to conduct the drug treatment of a drug dependent person in a program may prescribe a controlled substance for the purpose of legitimate treatment of the drug-dependent person.

(b)     A controlled substance may be administered or dispensed, or both, by a dispenser, directly to a drug-dependent person for the purpose of continuing his or her dependence who is enrolled in a drug  treatment   and rehabilitation program.

(2)   A controlled substance may be prescribed and dispensed  in an  acute care hospital to continue maintenance treatment for drug dependency for a patient whose hospitalization is for treatment of a medical condition other than addiction. The enrollment of the patient in an approved maintenance treatment program shall be verified.

History: 1979 AC; 2002 AACS.