10.19.03.12

.12 Prescriptions.

A. Persons Entitled to Issue Prescriptions.

(1) A prescription for a controlled substance may be issued only by an authorized provider who is:

(a) Authorized to prescribe controlled substances in the State of Maryland; and

(b) Either registered or exempted from registration pursuant to 21 CFR §1301.22(c) and 21 CFR §1301.23.

(2) A prescription issued by an authorized provider may be communicated to a pharmacist by an employee or agent of the authorized provider.

B. Purpose of Issue of Prescription.

(1) A controlled substance prescription shall only be issued for a legitimate medical purpose by a provider.

(2) A controlled substance prescription shall be issued by a provider in the usual course of the individual provider’s professional practice.

(3) The responsibility for the proper prescribing and dispensing of controlled substances is upon the prescribing provider.

(4) A pharmacist has a corresponding responsibility to ensure, prior to dispensing, that a controlled substance prescription is issued for a legitimate medical purpose.

(5) 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 the Maryland Controlled Dangerous Substances Act, Criminal Law Article, §§5-501—5-505, Annotated Code of Maryland.

(6) A prescription may not be issued in order for an individual provider to obtain controlled substances for supplying the individual provider for the purpose of general dispensing to patients.

C. A prescription for a Schedule II-V controlled substance shall be dispensed within 120 days from the date of issue.

D. Unless the State has stricter requirements, if a provider has complied with 21 CFR §1306, the provider is deemed to have complied with this chapter.