NAC453.490. Dispensing of controlled substances which are not prescription drugs.

     1. Except as otherwise provided in subsection 3, a controlled substance listed in schedule V, and a controlled substance listed in schedule II, III or IV which is not a prescription drug as determined under the Federal Food, Drug and Cosmetic Act, may be dispensed by a pharmacist without a prescription to a purchaser at retail, if:

     (a) The dispensing is only by a pharmacist;

     (b) Not more than 60 cc (or 2 ounces) of the controlled substance is distributed to the same purchaser in any 48-hour period;

     (c) The purchaser is at least 21 years of age;

     (d) The pharmacist requires the purchaser who is not known to him or her to furnish suitable identification, including proof of age where appropriate;

     (e) The pharmacist maintains a bound book to record the dispensing of controlled substances other than by prescription, and the book contains:

          (1) The name and address of the purchaser;

          (2) The name and quantity of controlled substance purchased;

          (3) The date of each purchase; and

          (4) The name or initials of the pharmacist who dispensed the substance to the purchaser; and

     (f) A prescription for dispensing or the distribution of the substance is not required by any federal, state or local law.

     2. Paregoric may be dispensed for treatment of the stomach or bowel if:

     (a) It has been mixed with 3 ounces or more of a nonnarcotic medicinal preparation or combination of nonnarcotic medicinal preparations; and

     (b) The resulting mixture contains not more than 1 ounce of paregoric.

     3. A cough syrup containing a controlled substance listed in schedule V may only be dispensed for a valid and legitimate medical purpose, and the dispensing pharmacist shall ensure that a valid and legitimate medical purpose exists in every instance of such dispensing.

     [Bd. of Pharmacy, § 453.310, eff. 6-26-80]—(NAC A 10-17-86)