Prescriber Dispensing
A dentist may dispense drugs to his or her patients at his or her place of practice if all of the following conditions are met:
- Drugs were not furnished to the dentist by a nurse or physician attendant
- Drugs are necessary for the dentist’s treatment of the patient
- Dentist does not keep a pharmacy or other retail operation to furnish drugs
- Fulfills all labeling, recordkeeping, and packaging requirements, including the use of childproof containers
- Dentist does not use a dispensing device, unless dentist personally owns the device and its contents
- Prior to dispensing, the dentist must offer to give a written prescription to the patient that the patient may elect to have filled by the prescriber or by any pharmacy
- Dentist provides patient with written disclosure that the patient has a choice between obtaining the prescription from the dispensing prescriber or obtaining the prescription at a pharmacy of the patient’s choice
Drugs dispensed by a dentist must be properly labeled with the prescriber’s name, patient’s name, drug name, date of issue, dosage, quantity, directions for use, expiration date, physical description of the drug, and, if requested by the patient, the condition for which the drug is dispensed. False or misleading information may not be included on a prescription label.
Drugs to be dispensed must be stored in a secure area, which means a locked storage area within the dentist’s office. The keys to the locked storage area shall be available only to staff authorized by the dentist.
A record, or log, of drug acquisition and disposition must be maintained by the dentist. Records must be preserved for three years.
A prescription is not necessary in the sale of controlled substances at retail in pharmacies, or wholesale by pharmacies, wholesalers or manufacturers, to dentists and other licensed prescribers.
A dentist with a current DEA registration may dispense to a patient under his or her care a Schedule II controlled substance in an amount not to exceed a 72-hour supply in accordance with normal use.
For each Schedule II, Schedule III, or Schedule IV controlled substance dispensed by a dentist, the dentist must record: the patient’s name, address, telephone number, gender, and date of birth; the prescriber’s license category (dentist) and license number, DEA registration number, the National Drug Code number of the controlled substance dispensed; quality of controlled substance dispensed; ICD-9 (diagnosis code) if available; number of refills ordered; whether drug was dispensed as a refill or as a first issue; date of prescription. This information must be reported to the state Bureau of Narcotics Enforcement CURES Program. The reporting requirement does not apply to the administration of the controlled substance. It also does not apply to the dispensing of Schedule IV controlled substance in a quantity limited to an amount adequate to treat for 48 hours or less. Reporting the dispensing of Schedule II and Schedule III controlled substances must be done monthly unless a controlled substance is dispensed in a quantity to treat the patient for more the 48 hours, then dispensing must be reported weekly.
Samples
A dentist may furnish to a patient at no charge a limited quantity of drug samples if furnished in the package provided by the manufacturer. This transaction should be recorded in the patient record.
Resources
Bureau of Narcotics Enforcement CURES Program
Business & Profesions Code Sections 4076, 4077(b) , 4078, 4170(a), 4171, 4172
Health & Safety Code Sections 11158, 11190-11191, 11250-11251
California Code of Regulations Title 16 Section 1356.3
Posted November 2007