61 TITLES II AND III OF THE COMPREHENSIVE DRUG ABUSE... Sec. 309

61 TITLES II AND III OF THE COMPREHENSIVE DRUG ABUSE... Sec. 309 

to furnishsuch form to any person with intent thereby to procure the distribution of such substances. 

(2) The Attorney General may charge reasonable fees for the issuance of such forms in such amounts as he may prescribe for the purpose of covering the cost to the United States of issuing such forms, and other necessary activities in connection therewith. 

(e) It shall be unlawful for any person to obtain by means of order forms issued under this section controlled substances for any purpose other than their use, distribution, dispensing, or adminis- tration in the conduct of a lawful business in such substances or in the course of his professional practice or research. 

PRESCRIPTIONS 

SEC. 309. ø21 U.S.C. 829¿ (a) Except when dispensed directly by a practitioner, other than a pharmacist, to an ultimate user, no controlled substance in schedule II, which is a prescription drug as determined under the Federal Food, Drug, and Cosmetic Act, may be dispensed without the written prescription of a practitioner, ex- cept that in emergency situations, as prescribed by the Secretary by regulation after consultation with the Attorney General, such drug may be dispensed upon oral prescription in accordance with section 503(b) of that Act. Prescriptions shall be retained in con- formity with the requirements of section 307 of this title. No pre- scription for a controlled substance in schedule II may be refilled. 

(b) Except when dispensed directly by a practitioner, other than a pharmacist, to an ultimate user, no controlled substance in schedule III or IV, which is a prescription drug as determined under the Federal Food, Drug, and Cosmetic Act, may be dispensed without a written or oral prescription in conformity with section 503(b) of that Act. Such prescriptions may not be filled or refilled more than six months after the date thereof or be refilled more than five times after the date of the prescription unless renewed by the practitioner. 

(c) No controlled substance in schedule V which is a drug may be distributed or dispensed other than for a medical purpose. 

(d) Whenever it appears to the Attorney General that a drug not considered to be a prescription drug under the Federal Food, Drug, and Cosmetic Act should be so considered because of its abuse potential, he shall so advise the Secretary and furnish to him all available data relevant thereto. 

(e) CONTROLLED SUBSTANCES DISPENSED BY MEANS OF THE INTERNET.— 

(1) No controlled substance that is a prescription drug as determined under the Federal Food, Drug, and Cosmetic Act may be delivered, distributed, or dispensed by means of the Internet without a valid prescription. 

(2) As used in this subsection:
(A) The term ‘‘valid prescription’’ means a prescription 

that is issued for a legitimate medical purpose in the usual course of professional practice by— 

(i) a practitioner who has conducted at least 1 in- person medical evaluation of the patient; or 

(ii) a covering practitioner. 

As Amended Through P.L. 115-91, Enacted December 12, 2017 

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Sec. 309 

TITLES II AND III OF THE COMPREHENSIVE DRUG ABUSE... 62 

(B)(i) The term ‘‘in-person medical evaluation’’ means a medical evaluation that is conducted with the patient in the physical presence of the practitioner, without regard to whether portions of the evaluation are conducted by other health professionals. 

(ii) Nothing in clause (i) shall be construed to imply that 1 in-person medical evaluation demonstrates that a prescription has been issued for a legitimate medical pur- pose within the usual course of professional practice. 

(C) The term ‘‘covering practitioner’’ means, with re- spect to a patient, a practitioner who conducts a medical evaluation (other than an in-person medical evaluation) at the request of a practitioner who— 

(i) has conducted at least 1 in-person medical eval- uation of the patient or an evaluation of the patient through the practice of telemedicine, within the pre- vious 24 months; and 

(ii) is temporarily unavailable to conduct the eval- uation of the patient. 

(3) Nothing in this subsection shall apply to—
(A) the delivery, distribution, or dispensing of a con- trolled substance by a practitioner engaged in the practice 

of telemedicine; or
(B) the dispensing or selling of a controlled substance 

pursuant to practices as determined by the Attorney Gen- eral by regulation, which shall be consistent with effective controls against diversion. 

(f) PARTIAL FILLS OF SCHEDULE II CONTROLLED SUBSTANCES.— (1) PARTIAL FILLS.—A prescription for a controlled sub- 

stance in schedule II may be partially filled if—
(A) it is not prohibited by State law;
(B) the prescription is written and filled in accordance 

with this title, regulations prescribed by the Attorney Gen- eral, and State law; 

(C) the partial fill is requested by the patient or the practitioner that wrote the prescription; and 

(D) the total quantity dispensed in all partial fillings does not exceed the total quantity prescribed.
(2) REMAINING PORTIONS.— 

(A) IN GENERAL.—Except as provided in subparagraph (B), remaining portions of a partially filled prescription for a controlled substance in schedule II— 

(i) may be filled; and 

(ii) shall be filled not later than 30 days after the date on which the prescription is written.
(B) EMERGENCY SITUATIONS.—In emergency situations, 

as described in subsection (a), the remaining portions of a partially filled prescription for a controlled substance in schedule II— 

(i) may be filled; and 

(ii) shall be filled not later than 72 hours after the prescription is issued. 

(3) CURRENTLY LAWFUL PARTIAL FILLS.—Notwithstanding paragraph (1) or (2), in any circumstance in which, as of the 

As Amended Through P.L. 115-91, Enacted December 12, 2017 

January 16, 2018 

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