12 2 STA T .48 24 PUBLIC LA W 11 0– 42 5—O CT. 15 , 2008 ‘ ‘ (I)isanemploy eeo rc on t ractor o f t h e V eterans H ealth Ad ministration actin gw ithin the scope of that employment or contract
‘‘(II) is registered u nder section 30 3(f) in any S tate or is utili z ing the registration of a hospital or clinic operated b y the D epartment of Veterans Affairs reg - istered under section 303(f); and ‘‘(III) issues a controlled substance prescription in this emergency conte x t that is limited to a maximum ofa 5 -day supply which may not be extended or refilled; or ‘‘( G ) is being conducted under any other circumstances that the Attorney General and the Secretary ha v e j ointly , by regulation, determined to be consistent with effective controls against diversion and otherwise consistent with the public health and safety . ‘‘(55) T he term ‘refilling prescriptions for controlled substances in schedule III, IV, or V ’— ‘‘(A) means the dispensing of a controlled substance in schedule III, IV, or V in accordance with refill instructions issued by a practitioner as part of a valid prescription that meets the re q uirements of subsections (b) and (c) of section 30 9 , as appropriate; and ‘‘( B ) does not include the issuance of a new prescription to an individual for a controlled substance that individual was previously prescribed. ‘‘(5 6 ) The term ‘filling new prescriptions for controlled sub- stances in schedule III, IV, or V’ means filling a prescription for an individual for a controlled substance in schedule III, IV, or V, if— ‘‘(A) the pharmacy dispensing that prescription has pre- viously dispensed to the patient a controlled substance other than by means of the Internet and pursuant to the valid prescription of a practitioner that meets the applicable require- ments of subsections (b) and (c) of section 309 (in this paragraph referred to as the ‘original prescription’); ‘‘(B) the pharmacy contacts the practitioner who issued the original prescription at the request of that individual to determine whether the practitioner will authorize the issuance of a new prescription for that individual for the controlled substance described in subparagraph (A); and ‘‘( C ) the practitioner, acting in the usual course of profes- sional practice, determines there is a legitimate medical pur- pose for the issuance of the new prescription.’’. (b) REGISTRA TI ON RE QU IRE M ENTS.—Section 303(f) of the Con- trolled Substances Act ( 21U .S.C. 8 23(f)) is amended in the matter preceding paragraph (1)— (1) in the first sentence, by adding after ‘‘schedule II, III, IV, or V’’ the following
‘‘and shall modify the registrations of pharmacies so registered to authorize them to dispense con- trolled substances by means of the Internet’’; and (2) in the second sentence, by stri k ing ‘‘if he determines that the issuance of such registration’’ and inserting ‘‘or such modification of registration if the Attorney General determines that the issuance of such registration or modification’’. (c) RE P ORTING REQUIREMENTS.—Section 30 7 (d) of the Controlled Substances Act (21 U.S.C. 827(d)) is amended by—
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