21 C.F.R. § 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.
Notes of Decisions
Cited in 1
case (1 in the last 5 years), 2024–2024 · leading case: United States v. Heritage Operations Grp., LLC (N.D. Ill. 2024).
United States v. Heritage Operations Grp., LLC (N.D. Ill. 2024). “at ¶ 27 (paraphrasing 21 C.F.R. § 290.10 ). Second-guessing whether the patients faced emergencies is fraught with peril, especially in the land of Rule 9(b).”
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