Section 338.3181. Distributions by dispensers.

(1) A dispenser who is not licensed as a distributor may distribute a controlled substance to another dispenser for the  purpose   of general dispensing to  his or her patients if all  of  the  following conditions are satisfied:

(a)    The receiving dispenser is licensed to dispense the substance.

(b)    The distribution is recorded by the distributing dispenser and a receipt record is maintained by the receiving dispenser.

(c)    An order form for substances listed in schedules 1 and 2 is used.

(d)    The total number  of   dosage  units  of   all  controlled  substances distributed by the distributing dispenser during the 12-month period in which the dispenser is licensed is not more than 5% of the total number of all dosage units distributed and dispensed during the 12-month period.

(2)   If the dispenser has reason to believe that the  total  number  of dosage units which will be distributed by him or her pursuant to this  rule will be more than 5% of the total number of dosage units of  all   controlled substances distributed and dispensed by him or her during the 12-month period, the dispenser shall obtain a license to distribute   controlled substances.

History: 1979 AC; 1992 AACS.