Guam § 67 - 1. Prescriptions.

§ 67. 1. Prescriptions.

(a) As used in this Section, “medical treatment” includes dispensing or administering a narcotic drug

for pain, including intractable pain; however, this does not include dispensing any controlled substance to

a fighting cock or a competitive racing dog for their performance or appearance enhancement.

(b) A person may dispense a controlled substance only as provided in this Section.

(c) Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a

substance included in Schedule II, III, IV, or V may not be dispensed without the written or electronic

prescription of a practitioner and pursuant to rules adopted by DPHSS. Schedule III, IV, or V substances

may also be dispensed through the oral prescription of a practitioner. A prescription for a Schedule II, III,

IV, or V substance shall not be filled by a pharmacist after seven (7) days of its date of issuance. Any

original prescription in need of being filled after the seven (7) days shall be renewed by a practitioner.

Refill(s) listed in Schedule III, IV, or V may be filled after the seven (7) days of issuance.

(d) In an emergency, as defined by rules of DPHSS, a substance included in Schedule II may be

dispensed upon oral prescription of a practitioner, reduced promptly to writing, signed by the practitioner,

and filed by the pharmacy. The pharmacy shall keep prescriptions in conformity with § 67.306. A

prescription for a substance included in Schedule II may not be refilled.

(e) Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a

substance included in Schedule III or IV, which is a prescription drug as determined under this Act, may

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not be dispensed without a written, electronic, or oral prescription of a practitioner. The prescription must

not be refilled more than six (6) months after its date unless renewed by the practitioner. No prescription

for a controlled substance listed in Schedule III or IV may be refilled more than five (5) times.

(f) A substance included in Schedule V may be distributed or dispensed only for a medical purpose,

including medical treatment or authorized research.

(g) A practitioner may dispense or deliver a controlled substance to or for an individual or animal only

for medical treatment or authorized research in the ordinary course of that practitioner’s profession.

(h) No civil or criminal liability or administrative sanction may be imposed on a pharmacist for action

taken in reliance on a reasonable belief that an order purporting to be a prescription was issued by a

practitioner in the usual course of professional treatment or in authorized research.

(i) An individual practitioner may not dispense a substance included in Schedule II, III, or IV for that

individual practitioner’s personal use except in a medical emergency.

(j) A prescription may not be issued in order for an individual practitioner to obtain controlled

substances for supplying the individual practitioner for the purpose of general dispensing to patients.

(k) A prescription may not be issued for the “detoxification treatment” or “maintenance treatment”

unless the prescription is for a Schedule III, IV, or V narcotic drug approved by the Food and Drug

Administration specifically for use in maintenance or detoxification treatment and the practitioner is in

compliance with 21 C.F.R. § 1301.28.

(l) A prescription may be issued by a qualifying practitioner, as defined in Section 303(g)(2)(G)(iii) of

the Federal Controlled Substance Act (21 U.S.C. § 823(g)(2)(G)(iii)), in accordance with 21 C.F.R. §

1306.05, for a Schedule III, IV, or V controlled substance for the purpose of maintenance or detoxification

treatment for the purposes of administration in accordance with Section 309A of the Federal Controlled

Substances Act (21 U.S.C. § 829a) and 21 C.F.R. § 1306.07(f). Such prescription issued by a qualifying

practitioner shall not be used to supply any practitioner with a stock of controlled substances for the purpose

of general dispensing to patients.