Code of Virginia - Title 54.1 Professions And Occupations - Chapter 34 Drug Control Act

54.1-3400 Citation
This chapter may be cited as "The Drug Control Act." (1970, c. 650, § 54-524.1; 1988, c. 765.) ...
54.1-3401 Definitions
As used in this chapter, unless the context requires a different meaning: "Administer" means the direct application of a controlled substance, whether by injection, inhalation, ...
54.1-3401.1 Practices not considered wholesale distribution
A. Wholesale distribution, as defined in § 54.1-3401, shall not include: 1. Intracompany sales, including any transaction or transfer between any division, subsidiary, parent, and/or ...
54.1-3402 Description unavailable
Repealed by Acts 2003, c. 509. ...
54.1-3403 Chapter not applicable to economic poisons
This chapter shall not be construed to apply (i) to poisons used for the control of insects, animal pests, weeds, fungus diseases or other substances ...
54.1-3404 Inventories of controlled substances required of certain persons; contents and form of recor...
A. Except as set forth in subsection G, every person manufacturing, compounding, processing, selling, dispensing or otherwise disposing of drugs in Schedules I, II, III, ...
54.1-3405 Access to and copies of records; inspections
Every person required to prepare or obtain, and keep, records, and any carrier maintaining records with respect to any shipment containing any drug, and every ...
54.1-3406 Records confidential
No agent of the Board or agent designated by the Superintendent of the Department of State Police having knowledge by virtue of his office of ...
54.1-3407 Analysis of controlled substances
A licensed physician or pharmacist may receive controlled substances from or on behalf of a patient for qualitative or quantitative analysis purposes only, without an ...
54.1-3408 Professional use by practitioners
A. A practitioner of medicine, osteopathy, podiatry, dentistry, or veterinary medicine or a licensed nurse practitioner pursuant to § 54.1-2957.01, a licensed physician assistant pursuant ...
54.1-3408.01 Requirements for prescriptions
A. The written prescription referred to in § 54.1-3408 shall be written with ink or individually typed or printed. The prescription shall contain the name, ...
54.1-3408.02 Transmission of prescriptions
Consistent with federal law and in accordance with regulations promulgated by the Board, prescriptions may be transmitted to a pharmacy by electronic transmission or by ...
54.1-3408.03 Dispensing of therapeutically equivalent drug product permitted
A. A pharmacist may dispense a therapeutically equivalent drug product for a prescription that is written for a brand-name drug product unless (i) the prescriber ...
54.1-3408.1 Prescription in excess of recommended dosage in certain cases
In the case of a patient with intractable pain, a physician may prescribe a dosage in excess of the recommended dosage of a pain relieving ...
54.1-3409 Professional use by veterinarians
A veterinarian may not prescribe controlled substances for human use and shall only prescribe, dispense or administer a controlled substance in good faith for use ...
54.1-3410 When pharmacist may sell and dispense drugs
A. A pharmacist, acting in good faith, may sell and dispense drugs and devices to any person pursuant to a prescription of a prescriber as ...
54.1-3410.1 Requirements for radiopharmaceuticals
A. A pharmacist who is authorized by the Board and acting in good faith, may sell and dispense radiopharmaceuticals pursuant to the order of a ...
54.1-3410.2 Compounding; pharmacists' authority to compound under certain conditions; labeling and record maint...
A. A pharmacist may engage in compounding of drug products when the dispensing of such compounded products is (i) pursuant to valid prescriptions for specific ...
54.1-3411 When prescriptions may be refilled
Prescriptions may be refilled as follows: 1. A prescription for a drug in Schedule II may not be refilled. 2. A prescription for a drug ...
54.1-3411.1 Prohibition on returns, exchanges, or re-dispensing of drugs; exceptions
A. Drugs dispensed to persons pursuant to a prescription shall not be accepted for return or exchange for the purpose of re-dispensing by any pharmacist ...
54.1-3412 Date of dispensing; initials of pharmacist; automated data processing system
Pursuant to regulations promulgated by the Board, the pharmacist dispensing any prescription shall record the date of dispensing and his initials on the prescription in ...
54.1-3413 Manufacturing and administering Schedule I drugs
It shall be lawful for a person to manufacture, and for a practitioner to administer, Schedule I drugs if: 1. The manufacturer and practitioner are ...
54.1-3414 Official orders for Schedule II drugs
An official written order for any Schedule II drug shall be signed by the purchasing licensee or by his agent. The original shall be presented ...
54.1-3415 Distribution of drugs in Schedules II through VI by manufacturers and wholesalers
A. A permitted manufacturer or wholesaler may distribute Schedule II drugs to any of the following persons, but only on official written orders or pursuant ...
54.1-3416 No prescription for preparations listed pursuant to Schedule V
A preparation listed pursuant to Schedule V may be dispensed without a prescription if: 1. The preparation is dispensed only by a pharmacist directly to ...
54.1-3417 Disposing of stocks of Schedules II through V drugs
The owner of any stocks of drugs included in Schedules II through V obtained in compliance with this chapter, upon discontinuance of dealing in such ...
54.1-3418 Sale of aqueous or oleaginous solutions
A pharmacist, only upon an official written order, may sell to a physician, dentist, or veterinarian, in quantities not exceeding one ounce at any one ...
54.1-3419 Dispensing of insulin preparations
Any insulin preparation shall be dispensed only by or under the supervision of a licensed pharmacist. (1984, c. 723, § 54-524.67:3; 1988, c. 765.) ...
54.1-3420 Distribution of certain drugs; written request or confirmation of receipt
No manufacturer or distributor of controlled substances shall distribute or dispense any substance listed on Schedules II through V to any person, whether a practitioner ...
54.1-3420.1 Identification required for filling prescriptions
Before dispensing any drug listed on Schedules II through V, a pharmacist may require proof of identity from any patient presenting a prescription or requesting ...
54.1-3420.2 Delivery of prescription drug order
A. Whenever any pharmacy permitted to operate in this Commonwealth or nonresident pharmacy registered to conduct business in the Commonwealth delivers a prescription drug order ...
54.1-3421 New drugs
A. No person shall sell, deliver, offer for sale, hold for sale or give away any new drug unless an application with respect to the ...
54.1-3422 Controlled substances registration certificate required in addition to other requirements; exemptio...
A. Every person who manufactures, distributes or dispenses any substance that is controlled in Schedules I through V or who proposes to engage in the ...
54.1-3423 Board to issue registration unless inconsistent with public interest; authorization to conduct rese...
A. The Board shall register an applicant to manufacture or distribute controlled substances included in Schedules I through V unless it determines that the issuance ...
54.1-3424 Suspension or revocation of registration, license or permit; limitation to particular controlled su...
A. A registration to manufacture, distribute, or dispense a controlled substance may be suspended or revoked by the Board upon a finding that the registrant: ...
54.1-3425 Issuance of limited permits to humane societies
The Board may issue, upon such terms and conditions as it finds proper, to any humane society making application, a limited permit only for the ...
54.1-3426 Regulations for special packaging
A. The Board shall adopt standards for special packaging consistent with those promulgated pursuant to the federal Poison Prevention Packaging Act of 1970 (15 U.S.C. ...
54.1-3427 Dispensing drugs without safety closure container
When a pharmacist receives the request of any person that a drug or drugs for such person to be dispensed by the pharmacist not be ...
54.1-3428 Dissemination of information
The Board may disseminate such information regarding drugs, devices, and cosmetics as the Board deems necessary in the interest of public health and the protection ...
54.1-3429 Revocation of permit issued to manufacturer, wholesaler or distributor
The Board may revoke a permit issued to a manufacturer, wholesaler or distributor for failure to comply with regulations promulgated pursuant to the provisions of ...
54.1-3430 Display of permit; permits nontransferable; renewal
Permits issued under the provisions of this chapter shall be displayed in a conspicuous place in the factory or other place of business for which ...
54.1-3431 Admission into evidence of certain certificates of analysis
In any administrative hearing, a certificate of analysis of a chemist, performed in any laboratory operated by the Department of Forensic Science or authorized by ...
54.1-3432 Supervision by pharmacist
Every pharmacy shall be under the personal supervision of a pharmacist on the premises of the pharmacy. (Code 1950, § 54-478; 1958, c. 551; 1970, ...
54.1-3433 Certain advertising and signs unlawful
It shall be unlawful for any place of business which is not a pharmacy as defined in this chapter to advertise or to have upon ...
54.1-3434 Permit to conduct pharmacy
No person shall conduct a pharmacy without first obtaining a permit from the Board. The application for such permit shall be made on a form ...
54.1-3434.01 Notice of pharmacy closing; change of ownership; penalty
A. Prior to the closing of a pharmacy for more than one week, the owner shall either (i) post a conspicuous notice at least thirty ...
54.1-3434.02 Automated drug dispensing systems
A. Hospitals licensed pursuant to Title 32.1 or Title 37.2 may use automated drug dispensing systems, as defined in § 54.1-3401, upon meeting the following ...
54.1-3434.1 Nonresident pharmacies to register with Board
A. Any pharmacy located outside the Commonwealth that ships, mails, or delivers, in any manner, Schedule II through VI drugs or devices pursuant to a ...
54.1-3434.2 Permit to be issued
The Board shall only register nonresident pharmacies that maintain a current unrestricted license, certificate, permit, or registration as a pharmacy in a jurisdiction within the ...
54.1-3434.3 Denial, revocation, suspension of registration, summary proceedings
The Board may deny, revoke, suspend, or take other disciplinary actions against a nonresident pharmacy registration as provided for in § 54.1-3316. The Board shall ...
54.1-3434.4 Prohibited acts
A. It is unlawful for any person or entity which is not registered under this article to (i) conduct the business of shipping, mailing, or ...
54.1-3435 License to act as wholesale distributor; renewal; fee
It shall be unlawful for any person to engage in the wholesale distribution of prescription drugs in this Commonwealth without a valid unrevoked license issued ...
54.1-3435.01 Registration of nonresident wholesale distributors; renewal; fee
A. Any person located outside this Commonwealth who engages in the wholesale distribution of prescription drugs into this Commonwealth shall be registered with the Board. ...
54.1-3435.02 Certain permitted pharmacies and medical equipment suppliers exempted
A. A permitted pharmacy may engage in wholesale distributions of small quantities of prescription drugs without being licensed as wholesale distributors when such wholesale distributions ...
54.1-3435.1 Denial, revocation, and suspension of license as wholesale distributor or of registration as a nonr...
A. The Board may deny, revoke, suspend, or take other disciplinary actions against a wholesale distributor license or nonresident wholesale distributor registration as provided for ...
54.1-3435.2 Permit to act as medical equipment supplier; storage; limitation; regulations
A. Unless otherwise authorized by this chapter or Chapter 33 (§ 54.1-3300 et seq.) of this title, it shall be unlawful for any person to ...
54.1-3435.3 Inspection and audit
Medical equipment suppliers shall allow the Board or its authorized agents to enter and inspect, at reasonable times and in a reasonable manner, their premises ...
54.1-3435.4 Permit to act as warehouser; regulations
A. Unless otherwise authorized by this chapter or Chapter 33 (§ 54.1-3300 et seq.) of this title, it shall be unlawful for any person to ...
54.1-3435.5 Description unavailable
Repealed by Acts 2007, c. 662, cl. 2. ...
54.1-3436 Description unavailable
Repealed by Acts 1992, c. 737. ...
54.1-3437 Permit to manufacture drugs
It shall be lawful to manufacture, make, produce, pack, package, repackage, relabel or prepare any drug not controlled by Schedule I after first obtaining the ...
54.1-3437.1 Limited permit for repackaging drugs
The Board may issue a limited manufacturing permit for the purpose of repackaging drugs, upon such terms and conditions approved by the Board, to the ...
54.1-3438 Manufacturing, etc., of drugs or proprietary medicines, to be supervised by pharmacist
No drugs or proprietary medicines shall be manufactured, made, produced, packed, packaged, repackaged, relabeled or prepared within this Commonwealth, except under the personal and immediate ...
54.1-3439 Application for nonrestricted manufacturing permit; fee
Every person desiring to manufacture any drug or proprietary medicines shall annually apply to the Board for a nonrestricted manufacturing permit. The application shall be ...
54.1-3440 Persons to whom nonrestricted permit is granted
No person shall be granted a nonrestricted permit as a manufacturer unless he is of good moral character and properly equipped as to land, buildings, ...
54.1-3441 Restricted manufacturing permit; application; fee; separate application and permit for each place o...
Every person desiring to manufacture a proprietary medicine or to repackage medical gases shall apply to the Board for a restricted manufacturing permit. The application ...
54.1-3442 When permit not to be granted; regulations
No person shall be granted a restricted manufacturing permit as a manufacturer unless such person is properly equipped as to buildings and equipment to carry ...
54.1-3443 Board to administer article
A. The Board shall administer this article and may add substances to or deschedule or reschedule all substances enumerated in the schedules in this article ...
54.1-3444 Controlled substances included by whatever name designated
The controlled substances listed or to be listed in the schedules in this chapter are included by whatever official, common, usual, chemical, or trade name ...
54.1-3445 Placement of substance in Schedule I
The Board shall place a substance in Schedule I if it finds that the substance: 1. Has high potential for abuse; and 2. Has no ...
54.1-3446 Schedule I
The controlled substances listed in this section are included in Schedule I: 1. Any of the following opiates, including their isomers, esters, ethers, salts, and ...
54.1-3447 Placement of substance in Schedule II
The Board shall place a substance in Schedule II if it finds that: 1. The substance has high potential for abuse; 2. The substance has ...
54.1-3448 Schedule II
The controlled substances listed in this section are included in Schedule II: 1. Any of the following substances, except those narcotic drugs listed in other ...
54.1-3449 Placement of substance in Schedule III
The Board shall place a substance in Schedule III if it finds that: 1. The substance has a potential for abuse less than the substances ...
54.1-3450 Schedule III
The controlled substances listed in this section are included in Schedule III: 1. Unless specifically exempted or listed in another schedule, any material, compound, mixture, ...
54.1-3451 Placement of substance in Schedule IV
The Board shall place a substance in Schedule IV if it finds that: 1. The substance has a low potential for abuse relative to substances ...
54.1-3452 Schedule IV
The controlled substances listed in this section are included in Schedule IV unless specifically excepted or listed in another schedule: 1. Any material, compound, mixture, ...
54.1-3453 Placement of substance in Schedule V
The Board shall place a substance in Schedule V if it finds that: 1. The substance has low potential for abuse relative to the controlled ...
54.1-3454 Schedule V
The controlled substances listed in this section are included in Schedule V: 1. Any compound, mixture, or preparation containing limited quantities of any of the ...
54.1-3455 Schedule VI
The following classes of drugs and devices shall be controlled by Schedule VI: 1. Any compound, mixture, or preparation containing any stimulant or depressant drug ...
54.1-3456 Designer drugs
Any drug not listed on Schedule I or II in this chapter, which is privately compounded, with the specific intent to circumvent the provisions of ...
54.1-3457 Prohibited acts
The following acts shall be prohibited: 1. The manufacture, sale, or delivery, holding or offering for sale of any drug, device, or cosmetic that is ...
54.1-3458 Violations
A. Any person who violates any of the provisions of § 54.1-3457 shall be guilty of a Class 2 misdemeanor. B. No person shall be ...
54.1-3459 Tagging of adulterated or misbranded drugs, devices, or cosmetics; condemnation; destruction; expen...
A. Whenever a duly authorized agent of the Board finds, or has probable cause to believe, that any drug, device, or cosmetic is adulterated, or ...
54.1-3460 Poisonous or deleterious substance, or color additive
Any added poisonous or deleterious substance, or any color additive, shall with respect to any particular use or intended use be deemed unsafe with respect ...
54.1-3461 Adulterated drug or device
A. A drug or device shall be deemed to be adulterated: 1. If it consists in whole or in part of any filth, putrid or ...
54.1-3462 Misbranded drug or device
A drug or device shall be deemed to be misbranded: 1. If its labeling is false or misleading in any particular. 2. If its package ...
54.1-3463 Exemption of drugs dispensed by filling or refilling prescription
A. Any drug dispensed by filling or refilling a written or oral prescription of a prescriber shall be exempt from the requirements of § 54.1-3462 ...
54.1-3464 Adulterated cosmetics
A cosmetic shall be deemed to be adulterated: 1. If it bears or contains any poisonous or deleterious substance which may render it injurious to ...
54.1-3465 Misbranded cosmetics
A cosmetic shall be deemed to be misbranded: 1. If its labeling is false or misleading in any particular; 2. If in package form unless ...
54.1-3466 Possession or distribution of controlled paraphernalia; meaning of controlled paraphernalia; eviden...
Except as authorized in this chapter, it shall be a misdemeanor for any person to possess or distribute controlled paraphernalia which shall mean a hypodermic ...
54.1-3467 Distribution of hypodermic needles or syringes, gelatin capsules, quinine or any of its salt...
Distribution by any method, of any hypodermic needles or syringes, gelatin capsules, quinine or any of its salts, in excess of one-fourth ounce shall be ...
54.1-3468 Conditions to dispensing device, item, or substance; records
In dispensing any device, item or substance, the pharmacist or other licensed or permitted person referred to in § 54.1-3467 shall: 1. Require the person ...
54.1-3469 Storage, usage, and disposition of controlled paraphernalia
Each person, association or corporation which has lawfully obtained possession of any of the controlled paraphernalia mentioned in § 54.1-3467 shall exercise reasonable care in ...
54.1-3470 Obtaining controlled paraphernalia by fraud, etc
A. No person shall obtain or attempt to obtain any item, device or substance referred to in § 54.1-3467 by fraud, deceit, misrepresentation, or subterfuge ...
54.1-3471 Issuance of permits to certain persons other than registered pharmacists
The Board shall, upon written application, on a form furnished by the Board, issue a permit to any person other than a licensed pharmacist who ...
54.1-3472 Article inapplicable to certain persons
The provisions of this article shall not apply to legitimate distribution by or possession of controlled paraphernalia by physicians, dentists, podiatrists, veterinarians, funeral directors and ...

Last modified: April 3, 2009