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Electronic Code of Federal Regulations

e-CFR data is current as of January 23, 2020

Title 21Chapter ISubchapter C → Part 290


Title 21: Food and Drugs


PART 290—CONTROLLED DRUGS


Contents

Subpart A—General Provisions

§290.1   Controlled substances.
§290.2   Exemption from prescription requirements.
§290.5   Drugs; statement of required warning.
§290.6   Spanish-language version of required warning.
§290.10   Definition of emergency situation.

Subpart B [Reserved]

Subpart C—Requirements for Specific Controlled Drugs [Reserved]


Authority: 21 U.S.C. 352, 353, 355, 371.

Source: 40 FR 14040, Mar. 27, 1975, unless otherwise noted.

Subpart A—General Provisions

§290.1   Controlled substances.

Any drug that is a controlled substance listed in schedule II, III, IV, or V of the Federal Controlled Substances Act or implementing regulations must be dispensed by prescription only as required by section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act unless specifically exempted in §290.2.

[67 FR 4906, Feb. 1, 2002]

§290.2   Exemption from prescription requirements.

The prescription-dispensing requirements of section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act are not necessary for the protection of the public health with respect to a compound, mixture, or preparation containing not more than 200 milligrams of codeine per 100 milliliters or per 100 grams that also includes one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation valuable medicinal qualities other than those possessed by codeine alone.

[67 FR 4907, Feb. 1, 2002]

§290.5   Drugs; statement of required warning.

The label of any drug listed as a “controlled substance” in schedule II, III, or IV of the Federal Controlled Substances Act shall, when dispensed to or for a patient, contain the following warning: “Caution: Federal law prohibits the transfer of this drug to any person other than the patient for whom it was prescribed.” This statement is not required to appear on the label of a controlled substance dispensed for use in clinical investigations which are “blind.”

§290.6   Spanish-language version of required warning.

By direction of section 305(c) of the Federal Controlled Substances Act, §290.5, promulgated under section 503(b) of the Federal Food, Drug, and Cosmetic Act, requires the following warning on the label of certain drugs when dispensed to or for a patient: “Caution: Federal law prohibits the transfer of this drug to any person other than the patient for whom it was prescribed.” The Spanish version of this is: “Precaucion: La ley Federal prohibe el transferir de esta droga a otra persona que no sea el paciente para quien fue recetada.”

§290.10   Definition of emergency situation.

For the purposes of authorizing an oral prescription of a controlled substance listed in schedule II of the Federal Controlled Substances Act, the term emergency situation means those situations in which the prescribing practitioner determines:

(a) That immediate administration of the controlled substance is necessary, for proper treatment of the intended ultimate user; and

(b) That no appropriate alternative treatment is available, including administration of a drug which is not a controlled substance under schedule II of the Act, and

(c) That it is not reasonably possible for the prescribing practitioner to provide a written prescription to be presented to the person dispensing the substance, prior to the dispensing.

Subpart B [Reserved]

Subpart C—Requirements for Specific Controlled Drugs [Reserved]

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