1. A. Persons Entitled to Issue Prescriptions.

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

      1. (a) Authorized to prescribe controlled substances in the State of Maryland; and
      2. (b) Either registered or exempted from registration pursuant to 21 CFR §1301.22(c) and 21 CFR §1301.23.
   2. (2) A prescription issued by an authorized provider may be communicated to a pharmacist by an employee or agent of the authorized provider.

2. B. Purpose of Issue of Prescription.

   1. (1) A controlled substance prescription shall only be issued for a legitimate medical purpose by a provider.
   2. (2) A controlled substance prescription shall be issued by a provider in the usual course of the individual provider’s professional practice.
   3. (3) The responsibility for the proper prescribing and dispensing of controlled substances is upon the prescribing provider.
   4. (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. (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. (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.
3. C. A prescription for a Schedule II-V controlled substance shall be dispensed within 120 days from the date of issue.
4. 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.

Authority: Criminal Law Article, Title 5; Health-General Article, §21-220; Annotated Code of Maryland

Effective date: January 19, 1977 (4:2 Md. R. 87)

Regulation .03A amended effective December 17, 1984 (11:25 Md. R. 2134); February 17, 1992 (19:3 Md. R. 304); December 24, 2001 (28:25 Md. R. 2190)

Regulation .07E and J amended effective August 17, 1992 (19:16 Md. R. 1474)

Regulation .07H amended effective July 12, 1998 (25:14 Md. R. 1132)

Regulations .07N, R and .10B amended effective February 10, 1978 (5:3 Md. R. 138)

Regulation .08G amended effective March 30, 1992 (19:6 Md. R. 673)

Regulation .09A amended effective April 18, 1980 (7:8 Md. R. 771)

Chapter revised effective April 26, 2004 (31:8 Md. R. 646)

Regulation .03 repealed and new Regulation .03 adopted effective April 24, 2006 (33:8 Md. R. 732)

Regulation .03 amended effective January 1, 2016 (42:22 Md. R. 1377)

Regulation .13 adopted as an emergency provision effective October 18, 2011 (38:24 Md. R. 1495); adopted permanently effective December 26, 2011 (38:26 Md. R. 1697)

Regulations .01—.13 repealed and new Regulations .01—.20 adopted effective October 14, 2024 (51:20 Md. R. 899)