[Code of Federal Regulations]
[Title 21, Volume 9]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR1306.05]

[Page 80]
 
                         TITLE 21-FOOD AND DRUGS
 
   CHAPTER II--DRUG ENFORCEMENT ADMINISTRATION, DEPARTMENT OF JUSTICE
 
PART 1306_PRESCRIPTIONS--Table of Contents
 
Sec. 1306.05  Manner of issuance of prescriptions.

    (a) All prescriptions for controlled substances shall be dated as 
of, and signed on, the day when issued and shall bear the full name and 
address of the patient, the drug name, strength, dosage form, quantity 
prescribed, directions for use and the name, address and registration 
number of the practitioner. In addition, a prescription for a Schedule 
III, IV, or V narcotic drug approved by FDA specifically for 
``detoxification treatment'' or ``maintenance treatment'' must include 
the identification number issued by the Administrator under Sec. 
1301.28(d) of this chapter or a written notice stating that the 
practitioner is acting under the good faith exception of Sec. 
1301.28(e). Where a prescription is for gamma-hydroxybutyric acid, the 
practitioner shall note on the face of the prescription the medical need 
of the patient for the prescription. A practitioner may sign a 
prescription in the same manner as he would sign a check or legal 
document (e.g., J.H. Smith or John H. Smith). Where an oral order is not 
permitted, prescriptions shall be written with ink or indelible pencil 
or typewriter and shall be manually signed by the practitioner. The 
prescriptions may be prepared by the secretary or agent for the 
signature of a practitioner, but the prescribing practitioner is 
responsible in case the prescription does not conform in all essential 
respects to the law and regulations. A corresponding liability rests 
upon the pharmacist, including a pharmacist employed by a central fill 
pharmacy, who fills a prescription not prepared in the form prescribed 
by DEA regulations.
    (b) An individual practitioner exempted from registration under 
Sec. 1301.22(c) of this chapter shall include on all prescriptions 
issued by him or her the registration number of the hospital or other 
institution and the special internal code number assigned to him or her 
by the hospital or other institution as provided in Sec. 1301.22(c) of 
this chapter, in lieu of the registration number of the practitioner 
required by this section. Each written prescription shall have the name 
of the physician stamped, typed, or handprinted on it, as well as the 
signature of the physician.
    (c) An official exempted from registration under Sec. 1301.22(c) 
shall include on all prescriptions issued by him his branch of service 
or agency (e.g., ``U.S. Army'' or ``Public Health Service'') and his 
service identification number, in lieu of the registration number of the 
practitioner required by this section. The service identification number 
for a Public Health Service employee is his Social Security 
identification number. Each prescription shall have the name of the 
officer stamped, typed, or handprinted on it, as well as the signature 
of the officer.

[36 FR 7799, Apr. 24, 1971, as amended at 36 FR 18733, Sept. 21, 1971. 
Redesignated at 38 FR 26609, Sept. 24, 1973, and amended at 56 FR 25026, 
June 3, 1991; 60 FR 36641, July 18, 1995; 62 FR 13966, Mar. 24, 1997; 68 
FR 37410, June 24, 2003; 70 FR 294, Jan. 4, 2005; 70 FR 36343, June, 23, 
2005]