The Vermont Statutes Online

Title 18: Health

Chapter 84: POSSESSION AND CONTROL OF REGULATED DRUGS

 

Sub-Chapter 1: Regulated Drugs

§ 4201. Definitions

As used in this chapter, unless the context otherwise requires:

(1) "Professional board" means:

(A) in the case of a dentist, the State Board of Dental Examiners so designated under 26 V.S.A. chapter 12;

(B) in the case of a physician or surgeon, the State Board of Medical Practice so designated under 26 V.S.A. chapter 23;

(C) in the case of an osteopath, the State Board of Osteopathic Examination and Registration so designated under 26 V.S.A. chapter 33;

(D) in the case of a nurse, the Vermont State Board of Nursing so designated under 26 V.S.A. chapter 28;

(E) in the case of a pharmacist or pharmacy, the State Board of Pharmacy so designated under 26 V.S.A. chapter 36;

(F) in the case of a veterinarian, the State Veterinary Board so designated under 26 V.S.A. chapter 44;

(G) in the case of a hospital, laboratory, or nursing home, the State Board of Health so designated under chapter 3 of this title.

(2) "Board of Health" means the State Board of Health so designated under chapter 3 of this title.

(3) "Board of Pharmacy" means the State Board of Pharmacy so designated under 26 V.S.A. chapter 36.

(4) "Certificate" means a certificate of approval issued to a hospital, laboratory, or nursing home under section 4207 of this title.

(5) "Dentist" means a person authorized by law to practice dentistry in this State and who has a license issued to the person under this chapter authorizing him or her to use regulated drugs in connection with his or her professional practice.

(6) "Depressant or stimulant drug" means:

(A) any drug which contains any quantity of barbituric acid or any of the salts of barbituric acid, or any derivative of barbituric acid, which is designated as habit forming because of its effect on the central nervous system in the regulations adopted by the Board of Health under section 4202 of this title;

(B) any drug, other than methamphetamine, which contains any quantity of amphetamine or any of its optical isomers, any salt or amphetamine or any salt of an optical isomer of amphetamine, which the Board of Health so designates by such regulation as habit forming because of its effect on the central nervous system;

(C) gamma hydroxybutyric acid, including its salts, isomers, or salts of isomers;

(D) gamma butyrolactone, including 4-butyrolactone and gamma hydroxybutyric acid lactone, including its salts, isomers, or salts of isomers, when packaged, marketed, manufactured, or intended for human consumption;

(E) ketamine, including its salts, isomers, or salts of isomers;

(F) flunitrazepam, including its salts, isomers, or salts of isomers; and

(G) any drug, other than methamphetamine, which contains any quantity of a substance which the Board of Health so designates by such regulation as having a serious potential for abuse arising out of its effect on the central nervous system.

(7) "Dispense" includes distribute, leave with, give away, dispose of, or deliver.

(8) "Exempt officials" includes officials of the United States, insular possessions, territories, the District of Columbia, state, and political subdivisions.

(9) "Federal drug laws" means the laws of the United States relating to one or more of those drugs which are defined in this chapter as regulated drugs.

(10) "Hallucinogenic drugs" means stramonium, mescaline or peyote, lysergic acid diethylamide, and psilocybin, and all synthetic equivalents of chemicals contained in resinous extractives of Cannabis sativa, or any salts or derivatives or compounds of any preparations or mixtures thereof, and any other substance which is designated as habit-forming or as having a serious potential for abuse arising out of its effect on the central nervous system or its hallucinogenic effect in the regulations adopted by the Board of Health under section 4202 of this title.

(11) "Hospital" means an institution for the care and treatment of the sick and injured licensed as a hospital under chapter 43 of this title and a hospital conducted, maintained, and operated by the United States or the State of Vermont, approved under this chapter as proper to be entrusted with the custody and use of regulated drugs under the direction of a physician or dentist, confirmed by an official written order signed by a person authorized to prescribe such drugs.

(12) "Laboratory" means a laboratory approved under this chapter as proper to be entrusted with the custody and use of regulated drugs for scientific and medical purposes and for purposes of instruction.

(13) "License" means a license to practice their profession issued to one of those persons listed in subdivisions (1)(A) through (F) of this section by his or her respective professional board under the applicable laws of this State, or a license issued by the Board of Health under section 4206 of this title to a person not subject to the jurisdiction of any such professional board.

(14) "Manufacturer" means a person authorized by law to manufacture, bottle, or pack drugs in this State and who has a license issued to the person under this chapter to compound, mix, cultivate, produce, or prepare regulated drugs but does not include a pharmacy which compounds such drugs to be sold or dispensed on prescriptions at retail.

(15) "Marijuana" means any plant material of the genus cannabis or any preparation, compound, or mixture thereof except:

(A) sterilized seeds of the plant;

(B) fiber produced from the stalks; or

(C) hemp or hemp products, as defined in 6 V.S.A. § 562.

(16) "Narcotic," "narcotics," or "narcotic drugs" means opium, coca leaves, pethidine (isonipecaine, meperidine), and opiates or their compound, manufacture, salt, alkaloid, or derivative, and every substance neither chemically nor physically distinguishable from them, and preparations containing such drugs or their derivatives, by whatever trade name identified and whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, as the same are so designated in the regulations adopted by the Board of Health under section 4202 of this title.

(17) "Nurse" means any person authorized by law to practice nursing in this State.

(18) "Nursing home" means a facility, other than a hospital, operated for the purpose of providing lodging, board, and nursing care to persons who are sick, have an infirmity or disability, or are convalescing, approved under this chapter as proper to be entrusted with the custody and use of regulated drugs prescribed for such individual patients under its care under the direction of a physician or dentist, confirmed by an official written order signed by a person authorized to prescribe such drugs. No nursing home shall be granted a certificate of approval for the possession and use of such drugs unless such nursing home has a registered nurse or a licensed practical nurse on duty or on call 24 hours daily who will have sole responsibility for those drugs. Nothing in this chapter shall be construed as conferring on any nursing home, convalescent home, or home for the aged any authority, right, or privilege beyond that granted to it by the law under which it is licensed or otherwise authorized to function.

(19) "Official written order" means an order written on a form prescribed for that purpose by the U.S. Commissioner of Narcotics and issued by the U.S. Commissioner of Internal Revenue, under any laws of the United States making provision therefor, if such order forms are authorized and required by federal law, and if no such order form is provided, then on an official form provided for that purpose by the Board of Health.

(20) "Person" includes an individual, partnership, corporation, association, trust, or other institution or entity.

(21) "Pharmacist" means any person authorized by law to practice pharmacy in this State; but nothing in this chapter shall be construed as conferring on a person any authority, right, or privilege, that is not granted to him or her by the pharmacy laws of his or her state.

(22) "Pharmacy" means any place registered as such by the Board of Pharmacy in which drugs, prescriptions, or poisons are possessed for the purpose of compounding, dispensing, or retailing, or in which drugs, prescriptions, or poisons are compounded, dispensed, or retailed, or in which such drugs, prescriptions, or poisons are by advertising or otherwise offered for sale at retail and which has a license issued to it under this chapter authorizing the retail dealing of regulated drugs.

(23) "Physician" means a person authorized by law to practice medicine in this State and who has a license issued to the person under this chapter authorizing him or her to use regulated drugs in connection with his or her professional practice.

(24) "Practitioner" includes a physician, dentist, veterinarian, surgeon, or any other person who may be lawfully entitled under this chapter to distribute, dispense, prescribe, or administer regulated drugs to patients.

(25) "Prescribe" means an order for a patient made or given by a practitioner.

(26) "Prescription" means an order for a regulated drug made by a physician, physician assistant, advanced practice registered nurse, dentist, or veterinarian licensed under this chapter to prescribe such a drug which shall be in writing except as otherwise specified in this subdivision. Prescriptions for such drugs shall be made to the order of an individual patient, dated as of the day of issue and signed by the prescriber. The prescription shall bear the full name, address, and date of birth of the patient, or if the patient is an animal, the name and address of the owner of the animal and the species of the animal. Such prescription shall also bear the full name, address, and registry number of the prescriber and, unless electronically prescribed, shall be written with ink, indelible pencil, or typewriter; if typewritten, it shall be signed by the prescriber. A written or typewritten prescription for a controlled substance, as defined in 21 C.F.R. Part 1308, shall contain the quantity of the drug written both in numeric and word form. If a prescription is communicated orally, it shall be reduced promptly to writing by the pharmacist. Nothing in this subdivision is meant to authorize the oral communication of a prescription when a written prescription is otherwise required.

(27) "Registration" means the annual registration of licenses and certificates under this chapter.

(28) "Registry number" means the number assigned under regulations adopted by the Board of Health to each person authorized under this chapter to use, prescribe, dispense, possess, or administer a regulated drug in connection with his or her professional practice.

(29) "Regulated drug" means:

(A) a narcotic drug;

(B) a depressant or stimulant drug, other than methamphetamine;

(C) a hallucinogenic drug;

(D) Ecstasy;

(E) marijuana; or

(F) methamphetamine.

(30) "Sale" means transfer for a consideration or barter or exchange or an offer or express or implied promise to transfer for a consideration or barter or exchange, and each such transaction made by any person, whether as principal, proprietor, agent, servant, or employee.

(31) "Veterinarian" means a person authorized by law to practice veterinary medicine in this State and who has a license issued to the person under this chapter authorizing him or her to use regulated drugs in connection with his or her professional practice.

(32) "Veterinary hospital" means an institution equipped with the technical facilities, professional and technical personnel necessary for diagnosis and treatment of animals suffering from sickness or injury and which hospital is further approved under this chapter as proper to be entrusted with the custody and use of regulated drugs which may be used only by veterinarians in their professional practice at that hospital.

(33) "Wholesaler" means a person authorized by law, when so required, to sell at wholesale drugs in this State and further has a license issued to the person under this chapter to supply others than consumers with drugs or preparations containing a regulated drug that the person has not produced or prepared.

(34) "Deliver" means the actual, constructive, or attempted transfer or prescription of a regulated drug, whether or not there exists an agency relationship.

(35) "Cocaine" means coca leaves except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; cocaine, its salts, optical and geometric isomers, and salts of isomers; ecgonine, its derivatives, their salts, isomers, and salts of isomers; or any compound, mixture, or preparation which contains any quantity of any of the substances referred to in this subdivision.

(36) "Heroin" includes every substance not chemically or physically distinguishable from it and preparations containing heroin or its derivatives, by whatever name identified and whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, as designated by the Board of Health by rule.

(37) "Lysergic acid diethylamide" includes any salts or derivatives or compounds of any preparations or mixtures of lysergic acid diethylamide or any preparation, mixture, or compound containing any lysergic acid diethylamide.

(38) "Ecstasy" means 3,4-methylenedioxymethamphetamine, including its salts, isomers, or salts of isomers.

(39) "Methamphetamine" includes any quantity of the substance, its salt, isomers, salts of isomers, optical isomers, and salts of its optical isomers.

(40) "Crack cocaine" means the free-base form of cocaine.

(41) "Prescription drug" means any human drug required by federal law or regulation to be dispensed only by a prescription, including finished dosage forms and active ingredients subject to Section 503(b) of the federal Food, Drug and Cosmetic Act.

(42) "Ultimate user" means a patient who uses a prescription drug. (Added 1967, No. 343 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1975, No. 10, § 1, eff. 30 days from March 10, 1975; 1989, No. 100, §§ 10, 11; 2001, No. 52, § 2; 2003, No. 54, § 3; 2011, No. 27, § 1; 2013, No. 75, § 2; 2013, No. 84, § 2, eff. June 10, 2013; 2013, No. 96 (Adj. Sess.), § 97; 2013, No. 138 (Adj. Sess.), § 9.)


§ 4202. Powers and duties of the Board of Health

(a) The Board of Health is authorized and empowered to adopt such regulations which in its judgment may be necessary or proper to supplement the provisions of this chapter to effectuate the purposes and intent thereof or to clarify its provisions so as to provide the procedure or details to secure effective and proper enforcement of its provisions.

(b) These rules, regulations, and determination, when adopted, shall, until modified or rescinded, have the force and effect of law.

(c) The Board of Health and any representative specifically authorized by it shall have the power to administer oaths, compel the attendance of witnesses and the production of books, papers, and records, and to take proof and testimony concerning all matters with which this chapter is concerned.

(d) The regulations adopted by the Board of Health under section 4201 of this title for the purpose of determining those drugs defined under that section may be adopted only after prior written notice to the Board of Pharmacy and the Board of Medical Practice and after the Board of Pharmacy and the Board of Medical Practice have had an opportunity to advise the Board of Health with respect to the form and substance of those regulations or amendments and to recommend revisions thereof, except with respect to emergency rules adopted pursuant to 3 V.S.A. § 844, which may be adopted without notice by the Commissioner of Health. (Added 1967, No. 343 (Adj. Sess.), § 2, eff. March 23, 1968; amended 1971, No. 14, § 24, eff. March 11, 1971; 2013, No. 75, § 2a, eff. June 5, 2013.)


§ 4203. Persons exempted

The provisions of this chapter, restricting the possession and control of regulated drugs, shall not apply to common carriers or to warehousemen while engaged solely in lawfully transporting or storing such drugs while in their original containers, nor to any employee of the same acting within the scope of his or her employment, nor to public officers or their employees in the performance of their official duties requiring possession or control of regulated drugs, nor to temporary incidental possession by employees or agents of persons lawfully entitled to possession, including a medical or dental assistant, nurse, intern, resident, and a member of a patient's family dispensing or administering regulated drugs under a licensed physician's or dentist's orders nor by authorized persons whose possession is for the purpose of aiding public officers in performing their official duties. (Added 1967, No. 343 (Adj. Sess.), § 3, eff. March 23, 1968.)


§ 4204. Preparations excepted

(a) The board of health may provide, by regulation, for the exception from all provisions of this chapter (except as provided in section 4223 of this title) of the administration, dispensation, or sale at retail of a medicinal preparation containing such amounts of one or more regulated drugs which that board considers not subject to abuse.

(b) The exemption authorized by this section shall be subject to the condition that the medicinal preparation administered, dispensed, or sold, shall contain, in addition to the regulated drug in it, some drug or drugs conferring upon it medicinal qualities other than those possessed by the regulated drug alone, and that such preparation shall be administered, dispensed and sold in good faith as a medicine, and not for the purpose of evading the provisions of this chapter. (Added 1967, No. 343 (Adj. Sess.), § 4, eff. March 23, 1968.)


§ 4205. Acts prohibited

It shall be unlawful for any person to manufacture, possess, have under his or her control, sell, prescribe, administer, dispense, or compound any regulated drug, except as authorized in this chapter. (Added 1967, No. 343 (Adj. Sess.), § 5, eff. March 23, 1968.)


§ 4206. Licenses

(a) No person shall manufacture, compound, mix, cultivate, grow, or by any other process produce, prepare, prescribe, dispense, or compound any regulated drug, and no person as a wholesaler, manufacturer, pharmacist, or pharmacy shall possess or supply the same, without having first obtained a license from the respective professional board having jurisdiction over that person as so designated in subdivision 4201(1) of this title, or, in the event no professional board has such jurisdiction over a person, from the board of health under terms adopted by that board corresponding to those respecting professional licenses.

(b) The sales of regulated drugs by manufacturers or wholesalers to persons in this state are restricted to those persons qualified by law to possess the same in connection with a business or profession defined in this chapter. Such sales shall be made only to those persons presenting to the vendor or his or her representative proof in writing that the vendee is authorized under this chapter to possess, use, dispense, sell, compound, or administer that regulated drug.

(c) The ultimate user of a prescription drug who has lawfully obtained such prescription drug or other persons authorized by federal law may deliver, without being registered pursuant to 26 V.S.A. § 2061, the prescription drug to another person for the purpose of disposal of the prescription drug if the person receiving the prescription drug for purposes of disposal is authorized under a state or federal law or regulation to engage in such activity. (Added 1967, No. 343 (Adj. Sess.), § 6, eff. March 23, 1968; amended 2011, No. 27, § 2.)


§ 4207. Certificates of approval

(a) No hospital, laboratory, or nursing home, or any other person not provided for under section 4206 of this title, shall possess, administer, compound, use, or supply any regulated drug, without having first obtained a certificate of approval from the board of health.

(b) The certificate of approval issued by the board of health in accordance with this section shall be effective only for the person and address and the type of regulated drug designated therein and shall be conspicuously displayed at the indicated place of business.

(c) The fee for a certificate of approval shall be $1.00, and for each renewal thereof, $1.00.

(d) Persons to whom certificates of approval have been issued shall thereafter apply annually to renew that certificate with the board of health. Application for renewal shall be made July 1 of each year. Failure to apply for renewal within 30 days after such date will subject the applicant to a penalty of $25.00 in addition to the renewal fee, to be collected by that board upon any subsequent application for renewal.

(e) The state and a municipal corporation therein shall be exempted from payment of the fees required by this section. (Added 1967, No. 343 (Adj. Sess.), § 7, eff. March 23, 1968.)


§ 4208. Qualifications for issuance of licenses and certificates

Notwithstanding or in addition to any other provision of law, no license or certificate of approval shall be issued unless and until the applicant therefor has furnished proof satisfactory to the respective board, in the exercise of its discretion:

(1) that the applicant is of good moral character or, if the applicant be an association or corporation, that the managing officers are of good moral character, and does not or do not use a regulated drug without medical justification;

(2) that the applicant possesses the means to carry on properly the business or profession described in his or its application;

(3) in the case of an applicant for a certificate of approval, that the applicant is licensed under the applicable laws of this state, if any, to carry on within this state the business or profession described in his or its application; and

(4) that the applicant or any of its managing officers has never been convicted of a violation of any of the criminal provisions of this chapter, or of a similar law of another state, or of the federal drug laws. (Added 1967, No. 343 (Adj. Sess.), § 8, eff. March 23, 1968.)


§ 4209. Supervision, revocation, and reinstatement of licenses and certificates

(a) A board may, after notice and opportunity for hearing, revoke or suspend for a period of time or amend the terms of any license or certificate issued by that board under section 4207 of this title or under any provision of the laws of this state in the event that any one of the qualifications for issuance of a license or certificate listed in section 4208 of this title were at the time of such issuance or are subsequently thereto not met by the holder thereof or in the event that it is shown to that board's satisfaction that the holder or his or her employee or agent has violated any of the provisions of this chapter.

(b) Notwithstanding the foregoing, a board may, upon application of such person, at any time, after notice and opportunity for hearing, and upon good cause shown satisfactory to that board in the exercise of its discretion, reinstate the license or certificate of a person previously suspended or revoked by that board under subsection (a) of this section. (Added 1967, No. 343 (Adj. Sess.), § 9, eff. March 23, 1968.)


§ 4210. Authorized sales on written orders, records

(a) Every physician, dentist, veterinarian, or other person who is licensed to administer, sell, dispense, or professionally use regulated drugs shall keep a record of such drugs received by him or her and a record of all such drugs administered, dispensed, or professionally used by him or her otherwise than by prescription, in accordance with subsection (d) of this section. It shall, however, be deemed a sufficient compliance with this subsection if any such person using small quantities of solutions or other preparations of such drugs for local application shall keep a record of the quantity, character and potency of such solutions or other preparations purchased or made up by him or her, and of the dates when purchased or made up, without keeping a record of the amount of such solution or other preparation applied by him or her to individual patients.

(b) Manufacturers and wholesalers shall keep records of all regulated drugs compounded, mixed, cultivated, grown, or by any other process produced or prepared, and of all such drugs received and disposed of by them in accordance with the provisions of subsection (d) of this section.

(c) Every person who purchases for resale, or who sells preparations or regulated drugs exempted by regulation adopted under section 4204 of this title, shall keep a record showing the quantities and kinds thereof received and sold, or disposed of otherwise, in accordance with the provisions of subsection (d) of this section.

(d) The form and content of the records to be maintained under this section shall be prescribed by regulation adopted by the board of health, after prior written notice to the board of pharmacy and after the board of pharmacy has had an opportunity to advise the board of health with respect to the form and substance of that regulation and to recommend revisions thereof. The record of regulated drugs received shall in every case show the date of receipt, the name and address of the person from whom received, and the kind and quantity of drugs received, the kind and quantity of such drugs produced or removed from process of manufacture, and the date of such production or removal from process of manufacturer, and such other facts as the board of health may require. The record of all such drugs sold, administered, dispensed, or otherwise disposed of shall show the date of selling, administering, or dispensing the name and address of the person to whom, or for whose use, or the owner and species of animal for which the drugs were sold, administered, or dispensed, and the kind and quantity of drugs and shall be signed by the person giving such order or his or her duly authorized agent. Every such record shall be kept for a period of three years from the date of the transaction recorded, and shall be subject to inspection by a federal officer or an officer of this state or an agent thereof specifically authorized engaged in the enforcement of the federal drug laws or of this chapter. The keeping of a record required by or under the federal drug laws, containing substantially the same information as is specified above, shall constitute compliance with this section, except that every such record shall contain a detailed list of such drugs lost, destroyed, or stolen, if any, the kind and quantity of such drugs, and the date of the discovery of such loss, destruction, or theft. (Added 1967, No. 343 (Adj. Sess.), § 10, eff. March 23, 1968.)


§ 4211. Records confidential

Prescriptions, orders, and records required by this chapter, and stocks of regulated drugs, shall be open for inspection only to federal or state officers or their specifically authorized agent whose duty it is to enforce the federal drug laws or this chapter, or to authorized agents of professional licensing boards, as that term is defined under 3 V.S.A. chapter 5. No person having knowledge by virtue of his or her office of any such prescription, order, or record shall divulge such knowledge, except in connection with a prosecution, or proceeding before the board or another licensing or registration board, to which prosecution or proceeding the person to whom such prescriptions, orders, or records relate is a party. (Added 1967, No. 343 (Adj. Sess.), § 11, eff. March 23, 1968; amended 1991, No. 167 (Adj. Sess.), § 65.)


§ 4212. Labels

(a) Whenever a manufacturer sells or dispenses a regulated drug and whenever a wholesaler sells or dispenses a regulated drug in a package prepared by him or her, he or she shall securely affix to each package in which that drug is contained a label showing in legible English the name and address of the vendor and the quantity, kind, and form of regulated drug contained therein. No person, except a pharmacist or dispensing physician for the purpose of filling a prescription under this chapter, shall alter, deface, or remove any label so affixed.

(b) Whenever a pharmacist or an employee of a hospital, infirmary, school, first aid station, or nursing home sells or dispenses any regulated drug, he or she shall affix to the container in which such drug is sold or dispensed a label showing his or her own name, address, and registry number, or the name, address, and registry number of the pharmacist or hospital or nursing home for whom he or she is lawfully acting, the name and address of the patient, or if the patient is an animal the name and address of the owner of the animal and the species of the animal, the name, address and registry number of the physician, dentist, or veterinarian by whom the prescription was written, the kind and form of the drug contained therein unless the practitioner has specifically ordered in that prescription that such information not be specified on the label, such directions as may be stated on the prescription, and the date of the issuance of the prescription. No person shall alter, deface, or remove any label so affixed. This subsection shall not apply to regulated drugs sold or dispensed for use exclusively within a hospital.

(c) Physicians, dentists, or veterinarians dispensing regulated drugs shall affix to the container a label showing the dispensing practitioner's name, address, and registry number, the name and address of the patient, or if the patient is an animal the name and address of the owner of the animal and the species of the animal, the kind and form of the drug contained therein unless the dispensing practitioner considers that such information should not be so specified for medical reasons, such directions necessary for use, and the date of the issuance of the prescription and the dispensing of the drug. This subsection shall not apply to an amount of regulated drugs equivalent to three days' dosage dispensed to a patient for his or her immediate use without charge by a physician on house call. (Added 1967, No. 343 (Adj. Sess.), § 12, eff. March 23, 1968.)


§ 4213. Authorized sales of regulated drugs

(a) A duly licensed manufacturer or wholesaler may sell and dispense regulated drugs to any of the following persons, but only on official written orders:

(1) To a manufacturer, wholesaler, or pharmacy.

(2) To a physician, dentist, or veterinarian except that an official written order shall not be required when regulated drugs are provided in person by a representative of a duly licensed manufacturer or wholesaler in quantities as samples for which there is no charge, either direct or indirect, and do not exceed ten times the manufacturer's recommended maximum individual dose and are clearly marked "Sample" or "Not For Sale" on each individual tablet or capsule.

(3) To a person in charge of a hospital having in effect a certificate of approval but only for use by or in that hospital for scientific or medical purposes.

(4) To a person in charge of a laboratory having in effect a certificate of approval but only for use in that laboratory for scientific or medical purposes.

(b) A duly licensed manufacturer or wholesaler may sell regulated drugs to any of the following persons:

(1) On an official written order, accompanied by a certificate of exemption, as and if required by the federal drug laws, and in compliance with regulations adopted by the board of health to a person in the employ of the government of the United States or of any state, territory, district, county, municipality, or insular government, purchasing, receiving, possessing, or dispensing regulated drugs by reason of his or her official duties.

(2) To a master of a ship or a person in charge of any aircraft upon which no physician is regularly employed or to a physician or surgeon duly licensed in some state, territory, or the District of Columbia to practice his or her profession, or to a retired commissioned medical officer of the United States Army, Navy, or Public Health Service employed upon such ship or aircraft, for the actual medical needs of persons on board such ship or aircraft, when not in port. However, such regulated drugs shall be sold to the master of such ship or person in charge of such aircraft or to a physician, surgeon, or retired commissioned medical officer of the United States Army, Navy, or Public Health Service employed upon such ship or aircraft only in pursuance of an order form approved by a commissioned medical officer or acting assistant surgeon of the United States Public Health Service.

(3) To a person in a foreign country if the provisions of the federal drug laws and the regulations adopted by the board of health are complied with.

(c) An official written order for any regulated drug shall be signed in triplicate by the person giving such order or by his or her duly authorized agent. The original shall be presented to the person who sells or dispenses the drug named therein. In event of the acceptance of such order, by such person, each party to the transaction shall preserve his or her copy of such order for a period of three years in such a way as to be readily accessible for inspection by any federal or state officer or their specifically authorized agent whose duty it is to enforce the federal drug laws or this chapter. Notwithstanding the other provisions of this chapter, a duly licensed manufacturer or wholesaler may sell and dispense depressant or stimulant drugs to a person referred to in subdivisions (a)(1), (2), (3), and (4) of this section pursuant to telephone order, provided, however, that an official written order shall be presented to the person selling or dispensing that drug within seven days of the making of that telephone order, and all the provisions of this chapter after the expiration of that period of time apply.

(d) Possession of or control of regulated drugs even though obtained as authorized by this section shall not be lawful if not in the regular course of business, occupation, profession, employment or duty of the possessor.

(e) A person in charge of a hospital or of a laboratory, or in the employ of this state or of any other state, or of any political subdivision thereof, or a master of a ship or a person in charge of any aircraft upon which no physician is regularly employed, or a physician or surgeon duly licensed in some state, territory, or the District of Columbia, to practice his or her profession, or a retired commissioned medical officer of the United States Army, Navy, or Public Health Service employed upon such ship or aircraft, who obtains regulated drugs under the provisions of this section or otherwise, shall not possess, nor administer, nor dispense, nor otherwise use such drugs, within this state, except within the scope of his or her employment or official duty, and then only for scientific or medicinal purposes and subject to the provisions of this chapter. (Added 1967, No. 343 (Adj. Sess.), § 13, eff. March 23, 1968; amended 1969, No. 256 (Adj. Sess.), § 8, eff. April 6, 1970.)


§ 4214. Authorized professional use of regulated drugs

(a) A physician or dentist licensed under this chapter, in good faith and in the course of his or her professional practice only, may prescribe, administer, and dispense regulated drugs and he or she may cause the same to be administered for medical purposes only by a nurse licensed under this chapter, or an intern, medical or dental assistant, or resident, or in his or her absence by a responsible member of the family of the patient, under his or her direction and supervision.

(b) A duly licensed veterinarian, in good faith and in the course of his or her professional practice only and not for use by a human being, may prescribe, administer, and dispense regulated drugs and he or she may cause them to be administered for medical purposes only by an assistant or orderly or by the owner of the animal, under his or her direction and supervision.

(c) Any person who has obtained from a physician, dentist, or veterinarian any regulated drug for administration to a patient during the absence of such physician, dentist or veterinarian under this section shall return to such physician, dentist or veterinarian any unused portion of such drug, or shall take such action as may be specified by regulation adopted by the board of health, when such drug is no longer required by the patient. (Added 1967, No. 343 (Adj. Sess.), § 14, eff. March 23, 1968.)


§ 4215. Authorized sales by pharmacists

(a) A duly licensed pharmacist, in good faith and in the course of professional practice, may sell and dispense regulated drugs to any person upon a written prescription or oral prescription which is reduced promptly to writing by the pharmacist by an individual authorized by law to prescribe and administer prescription drugs in the course of professional practice. The written prescription shall be dated and signed by the person prescribing or, if an oral prescription by the pharmacist on the day when written, and bearing the full name and date of birth of the patient for whom the drug is prescribed, and the full name of the person prescribing. If the prescription is for an animal, the prescription shall state the species of animal for which the drug is prescribed and the full name and address of the owner of the animal. A prescription shall not be refilled unless refilling is authorized by the practitioner on the original prescription or by the original oral order.

(b) The pharmacist filling a schedule II prescription shall write the date of filling and the pharmacist's own signature on the face of the prescription. Pharmacists shall be subject to the requirements of 21 U.S.C. chapter 13. Notwithstanding the foregoing, no prescription for a schedule II drug written without a future fill date may be filled more than 30 days after the date the prescription was issued. No prescription for a schedule II drug written to be filled at a future date may be filled more than 90 days after the date the prescription was issued. A physician who dispenses regulated drugs as part of his or her regular fee or for an additional fee shall be subject to the same requirements as a pharmacist for the purposes of this section.

(c) The legal owner of any stock of regulated drugs, upon discontinuance of dealing in such drugs, shall promptly sell such drugs to a manufacturer, wholesaler, or pharmacist, but only on an official written order. (Added 1967, No. 343 (Adj. Sess.), § 15, eff. March 23, 1968; amended 2007, No. 163 (Adj. Sess.), § 5.)


§ 4215a. Sale of schedule V drugs

(a) A duly licensed pharmacist may sell and dispense schedule V drugs only upon written prescription or oral prescription which is promptly reduced to writing by a pharmacist, of a licensed physician, dentist, or veterinarian, dated and signed by the person prescribing or, if an oral prescription, by the pharmacist on the date when written.

(b) Schedule V drugs shall include:

Any compound, mixture, or preparation containing any of the following limited quantities of narcotic drugs, which shall include one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone;

(1) Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams;

(2) Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams;

(3) Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams;

(4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit.

(c) The schedule V drugs as listed in subsection (b) shall be deemed regulated drugs as defined in section 4201(29) of this title.

(d) For a first offense, a person knowingly and unlawfully violating the provisions of this section may be imprisoned for not more than six months or fined not more than $500.00, or both. For a second or subsequent offense, a person knowingly and unlawfully violating the provisions of this section may be imprisoned for not more than two years or fined not more than $2,000.00, or both. (Added 1975, No. 58.)


§ 4215b. Identification

Only a patient for whom a prescription was written, the owner of an animal for which a prescription was written, or a bona fide representative of the patient or animal owner, as defined by the Board of Pharmacy by rule after consultation with the Commissioner of Health, may pick up a prescription for a Schedule II, III, or IV controlled substance. Prior to dispensing a prescription for a Schedule II, III, or IV controlled substance to a patient not personally known to the pharmacist, the pharmacist shall require the individual receiving the drug to provide a signature and show valid and current government-issued photographic identification as evidence that the individual is the patient for whom the prescription was written, the owner of the animal for which the prescription was written, or the bona fide representative of the patient or animal owner. If the individual does not have valid, current government-issued photographic identification, the pharmacist may request alternative evidence of the individual's identity, as appropriate. (Added 2013, No. 75, § 3; amended 2013, No. 138 (Adj. Sess.), § 10.)


§ 4216. Authorized possession by individuals

A person to whom or for whose use any regulated drug has been prescribed, sold, or dispensed, and the owner of any animal for which any such drug has been prescribed, sold, or dispensed, may lawfully possess the same on the condition that such drug was prescribed, sold, or dispensed by a physician, dentist, pharmacist, or veterinarian licensed under this chapter or under the laws of another state or country wherein such person has his or her practice, and further that all amounts of the drug are retained in the lawful container in which it was delivered to him or her by the person selling or dispensing the same, provided however, that for the purposes of this section an amount of regulated drugs of not more than two days' individual prescribed dosage may be possessed by a patient for his or her personal use. (Added 1967, No. 343 (Adj. Sess.), § 16, eff. March 23, 1968.)


§ 4217. Reports by physicians and hospitals

It shall be the duty of every physician and every hospital to report to the board of health, promptly, all cases wherein a person has been or is being treated for the use of, or for problems arising from the use of, regulated drugs. Said reports shall include the type of problem being treated, the class of regulated drug which was used, and such further information as is required by regulation of the board of health as promulgated under section 4202 of this title, except that the regulations shall not require the listing or other identification of the names of the persons being so treated. (Added 1967, No. 343 (Adj. Sess.), § 17, eff. March 23, 1968; amended 1969, No. 203 (Adj. Sess.), § 1.)


§ 4218. Enforcement

(a) It is hereby made the duty of the Department of Public Safety, its officers, agents, inspectors, and representatives, and pursuant to its specific authorization any other peace officer within the State, and of all State's Attorneys, to enforce all provisions of this chapter and of the rules and regulations of the Board of Health adopted under this chapter, except those otherwise specifically delegated, and to cooperate with all agencies charged with the enforcement of the federal drug laws, this chapter, and the laws of other states relating to regulated drugs.

(b) Such authorities and their specifically authorized agents shall have, at all times, access to all orders, prescriptions, and records kept or maintained under this chapter, as provided herein.

(c) A person who gives information to law enforcement officers, the Drug Rehabilitation Commission, or professional boards as defined in section 4201 of this title and their specifically authorized agents, concerning the use of regulated drugs or the misuse by other persons of regulated drugs, shall not be subject to any civil, criminal, or administrative liability or penalty for giving such information.

(d) Nothing in this section shall authorize the Department of Public Safety and other authorities described in subsection (a) of this section to have access to VPMS (Vermont Prescription Monitoring System) created pursuant to chapter 84A of this title, except as provided in that chapter.

(e) The Department of Public Safety, in consultation with representatives of licensed Vermont pharmacies, shall adopt standard operating guidelines for accessing pharmacy records through the authority granted in this section. Any person authorized to access pharmacy records pursuant to subsection (a) of this section shall follow the Department of Public Safety's guidelines. These guidelines shall be a public record. (Added 1967, No. 343 (Adj. Sess.), § 18, eff. March 23, 1968; amended 1969, No. 203 (Adj. Sess.), § 2; 1991, No. 167 (Adj. Sess.), § 64; 2005, No. 205 (Adj. Sess.), § 2; 2013, No. 75, § 4.)


§ 4219. Repealed. 1985, No. 174 (Adj. Sess.), § 3.


§ 4220. Violations; proceedings

(a) In any complaint, information or indictment, and in any action or proceeding brought for the enforcement of any provision of this chapter, it shall not be necessary to negate any exception, excuse, proviso, or exemption contained in this chapter and the burden of proof of any such exception, excuse, proviso or exemption shall be upon the defendant.

(b) No person shall be convicted of a violation of any provision of this chapter if such person shall have been acquitted or convicted under the criminal provisions of the federal drug laws for the same act or omission which, it is alleged, constitutes a violation of this chapter.

(c) On the conviction of any person of the violation of any provision of this chapter, a copy of the judgment and sentence and of the opinion of the court or magistrate, if any opinion be filed, shall be sent by the clerk of the court or by the magistrate to the commission or officer, if any, by whom the convicted defendant has been licensed or registered to practice his or her profession or to carry on his or her business, and to the board of health, who shall immediately transmit a copy thereof to the professional board, if any, having such person within its jurisdiction. (Added 1967, No. 343 (Adj. Sess.), § 20, eff. March 23, 1968; amended 1971, No. 14, § 23, eff. March 11, 1971.)


§ 4221. Violations; presumptions

(a) Possession of a false or forged prescription for a regulated drug by any person other than a pharmacist in the pursuance of his or her profession shall be presumptive evidence of his or her intent to use the same for the purpose of illegally obtaining a regulated drug.

(b) The presence of a regulated drug in an automobile, other than a public omnibus, is presumptive evidence of knowing possession thereof by each and every person in the automobile at the time such drug was found; except that such presumption does not apply (1) to a duly licensed operator of an automobile who is at the time operating it for hire in the lawful and proper pursuit of his or her trade, or (2) to any person in the automobile if one of them, having obtained the drug and not being under duress, is authorized to possess it and such drug is in the same container as when he or she received possession thereof, or (3) when the drug is concealed upon the person of one of the occupants. (Added 1967, No. 343 (Adj. Sess.), § 21, eff. March 23, 1968.)


§ 4222. Common nuisances

Any store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or any place whatever, which is resorted to by persons for the purpose of using regulated drugs or which is used for the illegal keeping or selling of the same, shall be deemed a common nuisance. No person shall keep or maintain such a common nuisance. (Added 1967, No. 343 (Adj. Sess.), § 22, eff. March 23, 1968.)