Current through Register Vol. 54, No. 44, November 2, 2024
(a) When
prescribing, administering or dispensing controlled substances as defined in
section 4 of The Controlled Substance, Drug, Device and Cosmetic Act
(35
P. S. §
780-104), a dentist shall comply
with, or cause compliance with, the following minimum standards:
(1)
Scope of authority. A
dentist may prescribe, administer or dispense a controlled substance only:
(i) In good faith in the course of the
dentist's professional practice.
(ii) Within the scope of the dentist-patient
relationship.
(iii) In accordance
with treatment principles accepted by a responsible segment of the
profession.
(2)
Dental examination and medical history. A dental examination
shall be conducted and a medical history shall be taken before a dentist
initially prescribes, administers or dispenses a controlled substance to a
patient. The examination and medical history shall be complete enough to
justify the prescription, administration or dispensation of the controlled
substance. The examination shall focus on the patient's dental problems, and
the resulting diagnosis shall relate to the patient's specific complaint. The
patient's dental record shall contain written evidence of the examination and
medical history.
(3)
Records.
(i) On each
occasion when a controlled substance is prescribed, administered or dispensed
to a patient, an entry shall be made in the patient's dental record containing
the following information:
(A) The name,
quantity and strength of the controlled substance.
(B) The directions for use.
(C) The date of issuance.
(D) The condition for which the controlled
substance was issued.
(ii) For the purpose of this subsection,
health care facility records will be considered part of the patient's dental
record. A patient's dental record that contains entries pertaining to the
issuance of controlled substances shall be retained by the dentist for a
minimum of 5 years following the date of the last entry of any kind in the
record.
(4)
Emergency prescriptions. If an emergency requires the issuance
of a prescription, an appropriate short-term prescription may be telephoned to
a pharmacist. An emergency prescription for a Schedule II controlled substance
shall be covered by a written prescription delivered to the dispensing
pharmacist within 72 hours. A dentist may not order a renewal or a refill of an
emergency prescription unless the order is in writing and the dentist has given
the patient a dental examination and has taken a medical history as required by
paragraph (2).
(5)
Exception. This subsection, except for paragraph (1), does not
apply when a controlled substance is prescribed, administered or dispensed to a
patient in a health care facility regulated by the Department of Health or by
the Department of Public Welfare.
(b) A dentist's failure to comply with this
section will be considered unprofessional conduct and will subject the
noncomplying dentist to disciplinary action as authorized in section 4.1(a)(8)
of the act (63 P. S. §
123.1(a)(8)).
(c) This section does not restrict or limit
the applicability of The Controlled Substance, Drug, Device and Cosmetic Act
(35 P. S. §§ 780-101-780-144) or of another statute or regulation and
does not relieve a dentist from complying with more stringent standards that
may be imposed by another regulation or statute.
This section cited in 49 Pa. Code §
33.208 (relating to prescribing,
administering and dispensing medications); 49 Pa. Code §
33.209 (relating to preparing,
maintaining and retaining patient records); and 49 Pa. Code §
33.212 (relating to misleading,
deceptive, untrue or fraudulent
representations).
