Sec. 21a-246. (Formerly Sec. 19-453). License to manufacture, wholesale, supply, compound, etc. Exception. License fees. License to possess and supply marijuana. (a) No person within this state shall manufacture, wholesale, repackage, supply,
compound, mix, cultivate or grow, or by other process produce or prepare, controlled
substances without first obtaining a license to do so from the Commissioner of Consumer
Protection and no person within this state shall operate a laboratory for the purpose of
research or analysis using controlled substances without first obtaining a license to
do so from the Commissioner of Consumer Protection, except that such activities by
pharmacists or pharmacies in the filling and dispensing of prescriptions or activities
incident thereto, or the dispensing or administering of controlled substances by dentists,
podiatrists, physicians, veterinarians, or other persons acting under their supervision,
in the treatment of patients shall not be subject to the provisions of this section, and
provided laboratories for instruction in dentistry, medicine, nursing, pharmacy, pharmacology and pharmacognosy in institutions duly licensed for such purposes in this state
shall not be subject to the provisions of this section except with respect to narcotic drugs
and schedule I and II controlled substances. Upon application of any physician licensed
pursuant to chapter 370, the Commissioner of Consumer Protection shall without unnecessary delay, license such physician to possess and supply marijuana for the treatment
of glaucoma or the side effects of chemotherapy. No person without this state shall sell
or supply controlled substances within the state without first obtaining a license to do
so from the Commissioner of Consumer Protection, provided no such license shall be
required of a manufacturer whose principal place of business is located outside the state
and who is registered with the federal Drug Enforcement Agency or other federal agency,
and who files a copy of such registration with the appropriate licensing authority under
this chapter.
(b) Such licenses shall expire annually, and may be renewed by application to the
licensing authority. The Commissioner of Consumer Protection following a hearing as
prescribed in section 21a-275, may revoke or suspend any license granted by him pursuant to this section for violation of the provisions of any statute relative to controlled
substances or of any regulation made hereunder. The licensing authority, upon application of any person whose license has been suspended or revoked, may reinstate such
license upon a showing of good cause.
(c) The fee for licenses provided pursuant to this section shall be according to the
following schedule: For any wholesaler, one hundred fifty dollars per annum; for manufacturers employing not more than five licensed pharmacists or qualified chemists or
both, two hundred twenty-five dollars per annum; for manufacturers employing six to
ten licensed pharmacists or qualified chemists or both, three hundred dollars per annum;
for manufacturers employing more than ten licensed pharmacists or qualified chemists
or both, seven hundred fifty dollars per annum; for laboratories, forty dollars per annum.
A separate fee is required for each place of business or professional practice where the
licensee uses, manufactures, stores, distributes, analyzes or dispenses controlled drugs.
(d) Controlled substances which are possessed, kept or stored at an address or location other than the address or location indicated on the registration required by chapter
420c or by federal laws and regulations shall be deemed to be possessed, kept or stored
illegally and shall be subject to seizure and forfeited to the state. The following are
subject to forfeitures: (1) All controlled substances which have been manufactured,
distributed, dispensed or acquired in violation of this chapter; (2) all raw materials,
products and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting any controlled substance in violation of this chapter; (3) all property which is used, or intended for use, as
a container for property described in paragraph (1) or (2); (4) all conveyances, including
aircraft, vehicles or vessels, which are used, or intended for use, to transport or in any
manner to facilitate the transportation, for the purpose of sale or receipt of property
described in paragraph (1) or (2), but (i) no conveyance used by any person as a common
carrier is subject to forfeiture under this chapter unless it appears that the owner or other
person in charge of the conveyance is a consenting party or privy to a violation of this
chapter; (ii) no conveyance is subject to forfeiture under this chapter by reason of any
act or omission established by the owner thereof to have been committed or omitted
without his knowledge or consent.
(1967, P.A. 555, S. 9; 1969, P.A. 411; 753, S. 5, 6; 1972, P.A. 278, S. 4; P.A. 73-681, S. 4, 29; P.A. 76-355, S. 1, 2;
P.A. 77-604, S. 15, 84; P.A. 79-631, S. 9, 111; P.A. 81-148, S. 2, 4; 81-440, S. 4, 7; P.A. 89-251, S. 156, 203; P.A. 94-36,
S. 36, 42; P.A. 99-102, S. 33; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)
History: 1969 acts provided exemption from licensing provisions for manufacturers whose principal place of business
is outside the state under stated conditions and added provisions re cannabis-type drugs in Subsec. (a) and added Subsec.
(c) re fee schedule; 1972 act replaced "drugs" with "substances", exempted podiatrists from provisions of section and
clarified exemption for health practitioners by specifying it to be inapplicable with respect to narcotic drugs and Schedules I
and II controlled substances rather than with respect to restricted drugs, deleted provision re consultation between consumer
protection commissioner and public health council re licensing, and required registration with Justice Department, Bureau
of Narcotics and Dangerous Drugs rather than with secretary of Department of Health, Education and Welfare in out-of-state manufacturer's exemption; P.A. 73-681 gave exclusive licensing authority to consumer protection commissioner,
deleting previous provisions under which health commissioner was responsible for licenses re narcotic or cannabis-type
substances, imposed licensing fee for laboratories and required separate fee for each place of business or practice in Subsec.
(c) and added Subsec. (d) re seizure and forfeiture; P.A. 76-355 replaced "Justice Department, Bureau of Narcotics and
Dangerous Drugs" with "federal drug enforcement agency or other federal agency" in Subsec. (a), set February expiration
date for laboratory licenses in Subsec. (b) and increased fees for wholesalers from fifty to seventy-five dollars, for manufacturers from seventy-five dollars to one hundred twelve dollars and fifty cents, from one hundred to one hundred fifty dollars
or from two hundred fifty to three hundred seventy-five dollars, depending on number of pharmacists and or chemists
employed, and for laboratories from ten to twenty dollars in Subsec. (c); P.A. 77-604 and P.A. 79-631 made technical
corrections in Subsec. (d); P.A. 81-148 clarified exemption from licensing requirement to include "dispensing" of prescriptions and both "dispensing" and "administering" controlled substances in Subsec. (a); P.A. 81-440 amended Subsec. (a)
to authorize the commissioner of consumer protection to license a physician who is licensed in this state to possess and
supply marijuana for the treatment of glaucoma or the side effects of chemotherapy; Sec. 19-453 transferred to Sec. 21a-246 in 1983; P.A. 89-251 amended Subsec. (c) to increase the fee for a wholesaler from seventy-five dollars to one hundred
fifty dollars, for manufacturers employing not more than five pharmacists or chemists from one hundred twelve dollars
and fifty cents to two hundred twenty-five dollars; for manufacturers employing six to ten pharmacists or chemists from
one hundred fifty dollars to three hundred dollars; for manufacturer's employing more than ten pharmacists or chemists
from three hundred dollars to seven hundred fifty dollars and for laboratories from twenty dollars to forty dollars; P.A.
94-36 deleted the references to the "July first" and "February first" license expiration dates in Subsec. (b), effective January
1, 1995; P.A. 99-102 amended Subsec. (a) by deleting obsolete reference to osteopathy and making a technical change; June
30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer
Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the
merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.
See chapter 420c re controlled substance registration.
See Sec. 21a-10(b) re staggered schedule for license renewals.
See Sec. 21a-253 re possession of marijuana pursuant to physician's prescription.
Annotation to former section 19-453:
Subsec. (a):
Cited. 188 C. 183, 184.
Sec. 21a-247. (Formerly Sec. 19-454). Qualifications of applicant for license.
No license shall be issued under section 21a-246 until the applicant therefor has furnished proof satisfactory to the licensing authority (1) that the applicant is of good moral
character or, if the applicant is an association or corporation, that the managing officers
are of good moral character and (2) that the applicant is equipped as to facilities and
apparatus properly to carry on the business described in his application and (3) that the
applicant conforms to regulations adopted and promulgated pursuant to section 21a-243. No license shall be granted to any person who has, within five years of the date of
application, been convicted of a violation of any law of the United States, or of any
state, relating to a controlled drug.
(1967, P.A. 555, S. 10.)
History: Sec. 19-454 transferred to Sec. 21a-247 in 1983.
Sec. 21a-248. (Formerly Sec. 19-456). Sale or dispensing of controlled drugs
by licensed manufacturer or wholesaler. Records; orders. Scope of uses limited.
(a) A licensed manufacturer or wholesaler may sell and dispense controlled drugs to
any of the following-named persons, but in the case of schedule II drugs only on official
written order: (1) To a manufacturer, wholesaler or pharmacist; (2) to a physician, dentist
or veterinarian; (3) to a person in charge of a hospital, incorporated college or scientific
institution, but only for use by or in that hospital, incorporated college or scientific
institution for medical or scientific purposes; (4) to a person in charge of a laboratory,
but only for use in that laboratory for scientific and medical purposes; (5) to any registrant
as defined in subdivision (47) of section 21a-240.
(b) A licensed manufacturer or wholesaler may sell controlled drugs only to registrants when permitted under federal and state laws and regulations.
(c) An official written order for any schedule I or II drug shall be signed in triplicate
by the person giving such order or by his authorized agent and the original shall be
presented to the person who sells or dispenses the drug or drugs named therein as provided by federal laws. If such order is accepted by such person, each party to the transaction shall preserve his copy of such order for a period of three years in such a way as
to be readily accessible for inspection by any public officer or employee engaged in the
enforcement of this chapter.
(d) The manufacturer or wholesaler shall keep records of all sales and dispensing
of controlled drugs and shall comply fully with applicable provisions of the federal
controlled drug laws and the federal food and drug laws, and the state food, drug and
cosmetic laws in such sale or dispensing of controlled drugs.
(e) Possession or control of controlled drugs obtained as authorized by this section
shall be lawful only if obtained in the regular course of the business, occupation, profession, employment or duty of the possessor.
(f) A person in charge of a hospital, incorporated college or scientific institution,
or of a laboratory, or in the employ of this state or of any other state, or of any political
subdivision thereof, and a master or other proper officer of a ship or aircraft, who obtains
controlled drugs under the provisions of this section or otherwise, shall not administer,
or dispense, or otherwise use such drugs within this state, except within the scope of
his employment or official duty, and then only for scientific or medicinal purposes or
for the purposes of research or analysis and subject to the provisions of this chapter.
(1967, P.A. 555, S. 12; 1969, P.A. 753, S. 8, 9; P.A. 73-681, S. 5, 29; P.A. 85-613, S. 59, 154.)
History: 1969 act required official order for sale of cannabis-type drugs in Subsecs. (a) and (c) and changed required
period of preservation for order copies from two to three years in Subsec. (c); P.A. 73-681 replaced narcotic and cannabis-type drugs with "Schedule II" drugs and added Subdiv. (5) in Subsec. (a), replaced detailed provisions for sale of drugs
to government personnel, ship masters, persons in charge of aircraft or persons in foreign countries with statement that
sale may be made "only to registrants when permitted under federal and state laws and regulations", replaced "narcotic or
cannabis-type" drugs with "Schedule I or II" drugs in Subsec. (c) and referred to "federal laws" or "federal controlled drug
laws" in Subsecs. (c) and (d) rather than to "federal narcotic laws"; Sec. 19-456 transferred to Sec. 21a-248 in 1983; P.A.
85-613 made technical change.
Cited. 207 C. 698, 703.
Sec. 21a-249. (Formerly Sec. 19-457). Prescription requirements. (a) All prescriptions for controlled drugs shall include (1) the name and address of the patient, or
the name and address of the owner of an animal and the species of the animal, (2) whether
the patient is an adult or a child, or his specific age, (3) the compound or preparation
prescribed and the amount thereof, (4) directions for use of the medication, (5) the name
and address of the prescribing practitioner, (6) the date of issuance and (7) the Federal
Registry number of the practitioner. No prescription blank containing a prescription for
a schedule II substance shall contain more than one prescription.
(b) Prescriptions when written shall be written in ink or in indelible pencil or by
typewriter. No duplicate, carbon or photographic copies and no printed or rubber-stamped orders shall be considered valid prescriptions within the meaning of this chapter. No prescription or order for any controlled substance issued by a practitioner to an
inanimate object or thing shall be considered a valid prescription within the meaning
of this chapter.
(c) Prescriptions for schedule II substances shall be signed by the prescribing practitioner at the time of issuance and previously signed orders for such schedule II substances shall not be considered valid prescriptions within the meaning of this chapter.
No practitioner shall prescribe, dispense or administer schedule II sympathomimetic
amines as anorectics, except as may be authorized by regulations adopted by the Departments of Public Health and Consumer Protection acting jointly. The Department of
Public Health and the Department of Consumer Protection, acting jointly, may adopt
regulations, in accordance with chapter 54, allowing practitioners to prescribe, dispense
or administer schedule II sympathomimetic amines as anorectics under certain specific
circumstances. Nothing in this subsection shall be construed to require a licensed pharmacist to determine the diagnosis of a patient prior to dispensing a prescription for such
substances to a patient.
(d) To the extent permitted by the federal Controlled Substances Act, 21 USC 801,
as from time to time amended, a prescribing practitioner may issue an oral order or
an electronically transmitted prescription order and, except as otherwise provided by
regulations adopted pursuant to sections 21a-243 and 21a-244, such oral order or electronically transmitted prescription order shall be promptly reduced to writing on a prescription blank or a hardcopy printout shall be produced and filed by the pharmacist
filling it. For the purposes of subsections (d) and (h) of this section the term "electronically transmitted" means transmitted by facsimile machine, computer modem or other
similar electronic device.
(e) To the extent permitted by the federal Controlled Substances Act, in an emergency the dispensing of schedule II substances may be made upon the oral order of a
prescribing registrant known to or confirmed by the filling pharmacist who shall
promptly reduce the oral order to writing on a prescription blank, provided, in such
cases such oral order shall be confirmed by the proper completion and mailing or delivery
of a prescription prepared by the prescribing registrant to the pharmacist filling such
oral order within seventy-two hours after the oral order has been given. Such prescription
of the registrant shall be affixed to the temporary prescription prepared by the pharmacist
and both prescriptions shall be maintained on file as required in this chapter.
(f) All prescriptions for controlled substances shall comply fully with any additional
requirements of the federal food and drug laws, federal laws and regulations Part 306,
U.S. Department of Justice, Bureau of Narcotics and Dangerous Drugs-Federal Register
Volume 36 No. 80 et seq., and state laws and regulations adopted under this chapter.
(g) Repealed by P.A. 82-419, S. 46, 47.
(h) Except when dispensed directly by a practitioner, other than a pharmacy, to an
ultimate user, a controlled substance included in schedule III or IV, which is a prescription drug as determined under federal food and drug laws, shall not be dispensed without
a written, electronically transmitted or oral prescription of a practitioner. The prescription shall not be filled or refilled more than six months after the date thereof or be refilled
more than five times, unless renewed by the practitioner.
(i) A controlled substance included in schedule V shall not be distributed or dispensed other than for a medical purpose.
(j) A pharmacy may sell and dispense controlled substances upon the prescription
of a prescribing practitioner, as defined in subdivision (22) of section 20-571.
(k) Pharmacies shall file filled prescriptions for controlled substances separately
from other prescriptions. All schedule II prescriptions shall be filed in a separate file.
All schedule III, IV and V prescriptions shall be filed in another separate file except
as otherwise provided for in regulations adopted pursuant to section 21a-244. Such
controlled substance prescriptions shall, immediately upon filling, be filed chronologically and consecutively.
(l) Any pharmacy may transfer prescriptions for controlled substances included in
schedules III, IV and V to any other pharmacy in accordance with the requirements set
forth in the federal Controlled Substances Act 21 USC 801 et seq. and the regulations
promulgated thereunder, as from time to time amended.
(1967, P.A. 555, S. 13; 1969, P.A. 161, S. 1, 2; 1972, P.A. 278, S. 5; P.A. 73-681, S. 6, 29; P.A. 77-165, S. 1; 77-277,
S. 3; P.A. 78-310, S. 2, 4; P.A. 82-419, S. 37, 46, 47; P.A. 83-156; P.A. 85-613, S. 60, 154; P.A. 91-224, S. 1; P.A. 93-381, S. 9, 39; P.A. 95-72, S. 1; 95-257, S. 12, 21, 58; 95-264, S. 58; P.A. 97-64, S. 2; P.A. 00-182, S. 4; June 30 Sp. Sess.
P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1.)
History: 1969 act deleted limiting phrase "to the extent permitted by the federal narcotic laws" in Subsec. (e) and deleted
reference to compliance with "any additional requirements of federal narcotic laws" in Subsec. (f); 1972 act referred to
"substances" rather than "drugs" and to "Schedule II" substances rather than to "Class A" narcotics, limited provisions of
Subsec. (e) by adding "to the extent permitted by the Federal Controlled Substances Act", restated Subsec. (f) to specify
compliance with "any additional requirements" of food and drug laws and to specify federal drug law and added Subsecs.
(g) to (i); P.A. 73-681 added Subdiv. (7) in Subsec. (a) and prohibited issuance of prescription to "inanimate object or
thing" in Subsec. (b); P.A. 77-165 referred to "federal registry" number rather than "BNDD" number in Subsec. (a)(7)
and required one prescription per prescription blank; P.A. 77-277 added exception re Sec. 19-451a in Subsecs. (d) and (g);
P.A. 78-310 added Subsec. (j); P.A. 82-419 amended section to allow more than one prescription on a blank except in case
of schedule II substance, repealing Subsec. (g) which had required that filled prescriptions for controlled substances be
filed separately, chronologically and consecutively; Sec. 19-457 transferred to Sec. 21a-249 in 1983; P.A. 83-156 added
Subsec. (k) requiring filing of filled prescriptions for controlled substances separately, chronologically and consecutively;
P.A. 85-613 made technical changes, deleting provision in Subsec. (j) which had required controlled substance prescriptions
to be filed chronologically and consecutively; P.A. 91-224 amended Subsec. (c) to prohibit the prescription of Schedule
II sympathomimetic amines as anorectics except as authorized by regulation; P.A. 93-381 replaced department of health
services with department of public health and addiction services, effective July 1, 1993; P.A. 95-72 amended Subsecs. (d)
and (h) to permit the use of electronically transmitted prescriptions; P.A. 95-257 replaced Commissioner and Department
of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A.
95-264 amended Subsec. (j) to change "licensed" practitioner to "prescribing" practitioner (Revisor's note: The reference
in Subsec. (j) to "prescribing practitioner, as defined in subdivision (21) of ..." was changed editorially by the Revisors to
"prescribing practitioner, as defined in subdivision (22) of ..."); P.A. 97-64 added new Subsec. (1) re transfer of prescriptions; P.A. 00-182 amended Subsec. (l) by replacing reference to 21 CFR 1306.26 with reference to 21 USC 801 et seq.
and regulations promulgated thereunder; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Department of Consumer
Protection with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec.
146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection,
effective June 1, 2004.
See Sec. 17a-714a re legal protections for licensed health care professionals who prescribe opioid antagonists to
drug users.
See Sec. 20-14a re use of generic drug names in prescriptions.
Annotations to former section 19-457:
Cited. 33 CS 66, 76.
Subsec. (b):
Cited. 33 CS 66, 68.
Annotation to present section:
Cited. 207 C. 698, 703.
Sec. 21a-250. (Formerly Sec. 19-458). Rights and duties of pharmacist. (a) A
pharmacist, in good faith, may sell and dispense controlled substances to any person
upon a prescription of a physician or dentist, podiatrist, optometrist, veterinarian, physician assistant licensed pursuant to section 20-12b, advanced practice registered nurse,
or nurse-midwife to the extent that they are authorized to prescribe such controlled
substances. Except as otherwise provided by regulations adopted pursuant to section
21a-244, the person filling or refilling the prescription shall include the date of filling
and the person's signature or initials on any prescription for controlled substances, and
the prescription shall be retained on file by the proprietor of the pharmacy in which it
is filled for a period of three years, so as to be readily accessible for inspection by any
public officer or employee engaged in the enforcement of this chapter. The prescription
shall not be filled or refilled unless permitted by federal food and drug laws, the federal
Controlled Substances Act and regulations adopted under this chapter.
(b) The legal owner of any stock of controlled substances in a pharmacy, upon
discontinuance of dealing in such substances, may sell such stock to a manufacturer,
distributor, practitioner, wholesaler or pharmacy, but schedule II substances may only
be sold on such written order as is required by the federal Controlled Substances Act.
(c) A pharmacist, only upon an official written order, may sell to a registrant the
kinds and quantities of aqueous or oleaginous schedule II substances which he has
prepared and which are permitted by the federal Controlled Substances Act.
(d) (1) A retail pharmacy or pharmacy within a licensed hospital may distribute
small quantities of schedule III, IV or V controlled substances to another pharmacy to
provide for the immediate needs of a patient pursuant to a prescription or medication
order of a practitioner. As used in this subsection "small quantities" means not more
than one ounce of a powder or ointment, not more than sixteen ounces of a liquid and
not more than one hundred dosage units of tablets, capsules, suppositories or injectables.
(2) A retail pharmacy may distribute, in accordance with state and federal statutes and
regulations, a schedule II, III, IV or V controlled substance to a practitioner who has a
current federal and state registry number authorizing such practitioner to purchase such
controlled substances, and who is the medical director of a chronic and convalescent
nursing home, of a rest home with nursing supervision or of a state correctional institution, for use as emergency stock within such facility. Such drugs shall be supplied in
containers which bear labels specifying the name of the drug and its strength, expiration
date, lot number and manufacturer. Drugs supplied pursuant to this subsection shall be
limited in type and quantity to those specifically documented and authorized by such
medical director for use as emergency stock in such facility. (3) Pharmacies distributing
controlled substances in accordance with the provisions of subdivisions (1) and (2) of
this subsection shall keep a written record of such transactions containing the name of
the receiving pharmacy, or the name and federal registry number of a medical director,
date distributed and name, form, strength and quantity of such controlled substances
distributed. Such records shall be kept on file separately, in accordance with subsection
(h) of section 21a-254. Receiving pharmacies or medical directors, shall keep, in a
separate file, a written record in accordance with subsections (f) and (h) of section
21a-254.
(1967, P.A. 555, S. 14; 1972, P.A. 278, S. 6; P.A. 73-681, S. 7, 29; P.A. 77-277, S. 4; P.A. 78-53, S. 1; P.A. 82-419,
S. 38, 47; P.A. 84-194, S. 3; P.A. 90-211, S. 13, 23; P.A. 96-203, S. 2; P.A. 99-102, S. 34; June Sp. Sess. P.A. 01-9, S. 26, 131.)
History: 1972 act replaced "drugs" and "drugs other than narcotic drugs" with "substances" and "federal narcotic
laws" with "Federal Controlled Substances Act", allowed sales to podiatrists in Subsec. (a), allowed sales to distributors,
practitioners and pharmacies (rather than pharmacists) in Subsec. (b), specified written order required only for sales of
Schedule II substances (previously required for all sales) and deleted reference to orders required by commissioner of
health or consumer protection and replaced "narcotic drugs" with "Schedule II substances" in Subsec. (c); P.A. 73-681
specified "aqueous or oleaginous" substances prepared by pharmacist in Subsec. (c); P.A. 77-277 added exception re Sec.
19-451a in Subsec. (a); P.A. 78-53 added Subsec. (d) re interpharmacy sales of small quantities of controlled substances;
P.A. 82-419 deleted requirement that pharmacist hand "write" date of filling and initials on prescriptions; Sec. 19-458
transferred to Sec. 21a-250 in 1983; P.A. 84-194 amended Subsec. (d) by adding Subdiv. (2), allowing retail pharmacies
to distribute certain controlled drugs to convalescent nursing facilities or rest homes under certain circumstances; P.A. 90-211 added references to physician assistant, advanced practice registered nurse and nurse midwife; P.A. 96-203 added
optometrists in Subsec. (a) to those providers whose prescriptions can be filled; P.A. 99-102 amended Subsec. (a) by
deleting obsolete reference to osteopathy and making a technical change; June Sp. Sess. P.A. 01-9 amended Subsec. (d)
to add provision re state correctional institution and to make a technical change for purposes of gender neutrality, effective
July 1, 2001.
Subsec. (a):
Central purpose is to ensure prescriptions will be accessible for inspection by law enforcement officials responsible
for enforcing criminal drug laws. 259 C. 436.
Sec. 21a-250a. Transferred to Chapter 417, Sec. 21a-70a.
Sec. 21a-251. (Formerly Sec. 19-459). Dispensing of controlled substances by
hospitals, infirmaries or clinics. (a) No controlled substances shall be dispensed or
administered by hospitals, infirmaries or clinics except upon written order signed or
initialed by the prescribing practitioner or upon an oral order of a prescribing practitioner
which shall be confirmed by a written order which shall be signed or initialed by such
prescribing practitioner within twenty-four hours after the giving of such oral order for
schedule II controlled substances and within seventy-two hours after the giving of such
oral order for other controlled substances.
(b) Original and continuing orders for schedule II controlled substances shall be
limited to a period not exceeding seven days from the time the order is entered, but may
be extended for additional periods of seven days each by the signing or initialing of the
order by a prescribing practitioner.
(c) Original and continuing orders for schedule III, IV or V controlled substances
shall be limited in duration as designated in the written order of the prescribing practitioner, but in no case shall such order be effective for more than thirty days.
(d) An original or continuing medication order for a controlled substance in a hospital, as defined in subsection (b) of section 19a-490, or a hospice licensed by the Department of Public Health or certified pursuant to 42 USC Section 1395x, may include a
range of doses that may be administered by a physician assistant licensed pursuant to
chapter 370, a licensed nurse or an advanced practice registered nurse licensed pursuant
to chapter 378 or a nurse-midwife licensed pursuant to chapter 377. Each such hospital
or hospice shall establish a written protocol that identifies the specific drugs that may
be prescribed in ranges and that lists critical assessment parameters and guidelines to
be considered in implementing such orders. The Commissioner of Consumer Protection,
with the advice and assistance of the commissioner of any other state health care licensing authority having primary jurisdiction over such hospital or hospice, may require the
modification of any protocol to meet the requirements of this subsection. Nothing in
this subsection shall be construed to restrict the use of patient administered analgesia
through the use of pumps or similar devices.
(1967, P.A. 555, S. 15; 1969, P.A. 753, S. 10; 1972, P.A. 278, S. 7; P.A. 79-52; P.A. 96-203, S. 1; June 18 Sp. Sess.
P.A. 97-8, S. 30, 88; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)
History: 1969 act made seventy-two-hour deadline applicable to controlled nonnarcotic drugs and imposed twenty-four-hour deadline for narcotic drugs in Subsec. (a); 1972 act substituted "substances" for "drugs" and made provisions
applicable to infirmaries and clinics; P.A. 79-52 substituted "Schedule II controlled substances" for "narcotic drugs", made
Subsec. (b) applicable to original orders in addition to continuing orders and added exception re nonnarcotic drugs and
added Subsec. (c); Sec. 19-459 transferred to Sec. 21a-251 in 1983; P.A. 96-203 added Subsec. (d) allowing administration
of range of doses of a controlled substance in a hospital or hospice by physician assistant, licensed nurse, advance practice
registered nurse or nurse-midwife; June 18 Sp. Sess. P.A. 97-8 deleted seventy-two-hour restriction on continuing orders
for nonnarcotic controlled substances in Subsec. (b), effective July 1, 1997; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A.
04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture
and Consumer Protection, effective June 1, 2004.
Sec. 21a-252. (Formerly Sec. 19-460). Prescription and dispensing of controlled substances by certain practitioners. Surrender of unused substances by
patients. (a) A physician, in good faith and in the course of the physician's professional
practice only, may prescribe, administer and dispense controlled substances, or may
cause the same to be administered by a physician assistant, nurse or intern under the
physician's direction and supervision, for demonstrable physical or mental disorders but
not for drug dependence except in accordance with state and federal laws and regulations
adopted thereunder. Notwithstanding the provisions of this subsection the Department
of Consumer Protection may approve protocols allowing the dispensing of take-home
doses of methadone, by a registered nurse or licensed practical nurse, to outpatients in
duly licensed substance abuse treatment facilities. Such dispensing shall be done pursuant to the order of a licensed prescribing practitioner and using computerized dispensing
equipment into which bulk supplies of methadone are dispensed by a pharmacist. The
quantity of methadone dispensed by such nurse shall not exceed at any one time that
amount allowed under federal or state statutes or regulations governing the treatment
of drug dependent patients. The Department of Consumer Protection shall conduct inspections of such treatment facilities to ensure that the computerized dispensing equipment and related dispensing procedures documented in the approved protocols are adhered to.
(b) A dentist, in good faith and in the course of the dentist's professional practice
only, may prescribe, administer or dispense controlled substances, or may cause the
same to be administered by a nurse under the dentist's direction and supervision, to the
extent permitted by the federal Controlled Substances Act, federal food and drug laws
and state laws and regulations relating to dentistry.
(c) A podiatrist, in good faith and in the course of the podiatrist's professional practice only, may prescribe, administer and dispense controlled substances in schedules II,
III, IV or V, or may cause the same to be administered by a nurse under the podiatrist's
direction and supervision, to the extent permitted by the federal Controlled Substances
Act, the federal food and drug laws and state laws and regulations relating to podiatry.
(d) A veterinarian, in good faith in the course of the veterinarian's professional
practice only, and not for use by a human being, may prescribe, administer and dispense
controlled substances, and may cause them to be administered by an assistant or orderly
under the veterinarian's direction and supervision, to the extent permitted by the federal
Controlled Substances Act, the federal food and drug laws and state laws and regulations
relating to veterinary medicine.
(e) An advanced practice registered nurse licensed pursuant to section 20-94a, in
good faith and in the course of such nurse's professional practice only, may prescribe,
dispense, and administer controlled substances in schedule II, III, IV or V, or may cause
the same to be administered by a registered nurse or licensed practical nurse under the
advanced practice registered nurse's direction and supervision, to the extent permitted
by the federal Controlled Substances Act, the federal food and drug laws and state laws
and regulations relating to advanced nursing practice.
(f) A nurse-midwife licensed under chapter 377, in good faith and in the course of
the nurse-midwife's professional practice only, may prescribe, dispense, and administer
controlled substances in schedules II, III, IV and V, or may cause the same to be administered by a registered nurse or licensed practical nurse under the nurse-midwife's direction and supervision, to the extent permitted by the federal Controlled Substances Act,
the federal food and drug laws and state laws.
(g) A physician assistant licensed pursuant to section 20-12b, in good faith and in
the course of the physician assistant's professional practice only, may prescribe, dispense, and administer controlled substances in schedule II, III, IV or V, or may cause
the same to be administered by an advanced practice registered nurse, registered nurse,
or licensed practical nurse who is acting under a physician's direction, to the extent
permitted by the federal Controlled Substances Act, the federal food and drug laws and
state laws and regulations relating to physician assistant practice.
(h) An optometrist authorized to practice advanced optometrical care, in good faith
and in the course of the optometrist's professional practice only and who is duly authorized by section 20-127, may prescribe, administer or dispense controlled substances in
schedule II, III, IV or V to the extent permitted by the federal Controlled Substances
Act, the federal food and drug laws and state laws and regulations relating to optometry.
(i) Any person who has obtained directly from a physician, dentist, podiatrist, optometrist, veterinarian, physician assistant, advanced practice registered nurse or nurse-midwife any controlled substance for self-administration or administration to a patient
during the absence of such physician, dentist, podiatrist, optometrist, veterinarian, physician assistant, advanced practice registered nurse or nurse-midwife shall return to such
physician, dentist, podiatrist, optometrist, veterinarian, physician assistant, advanced
practice registered nurse or nurse-midwife any unused portion of such controlled substance, when it is no longer required by the person or the patient, or may surrender such
controlled substance to the Commissioner of Consumer Protection for proper disposition.
(1967, P.A. 555, S. 16; 1969, P.A. 578, S. 2; 1972, P.A. 278, S. 8; 294, S. 43; P.A. 73-616, S. 62, 67; 73-681, S. 8, 29;
P.A. 85-120, S. 1, 2; P.A. 89-389, S. 14, 22; P.A. 90-211, S. 14, 23; P.A. 91-224, S. 2; P.A. 95-332, S. 5; P.A. 96-70, S.
2; P.A. 99-102, S. 35; June 30 Sp. Sess. P.A. 03-6, S. 146(c), (d); P.A. 04-169, S. 17; 04-189, S. 1.)
History: 1969 act inserted new Subsec. (d) re podiatrists and relettered former Subsecs. (d) and (e) accordingly, adding
podiatrists in new Subsec. (f), formerly (d); 1972 acts replaced references to drugs, controlled drugs and narcotic drugs
with "controlled substance(s)", amended Subsec. (a) to replace "part III" with "state and federal laws and regulations",
amended Subsecs. (b) and (c) to replace "federal narcotic laws" with "Federal Controlled Substances Act", amended
Subsecs. (d) and (e) to replace reference to Sec. 20-250 with reference to Federal Controlled Substances Act and food and
drug laws and state laws relating to podiatry and required surrender of drugs to health commissioner rather than department
in Subsec. (f); P.A. 73-616 made technical changes; P.A. 73-681 specified schedule II, III, IV or V substances in Subsec.
(d), replaced incorrect reference to podiatry in Subsec. (e) with "veterinary medicine" and replaced health commissioner
with commissioner of consumer protection in Subsec. (f); Sec. 19-460 transferred to Sec. 21a-252 in 1983; P.A. 85-120
amended Subsec. (a) to authorize a physician assistant to administer controlled substances under the direction and supervision of a physician; P.A. 89-389 added Subsecs. (f) and (g), relettered the existing Subsec. (f) as Subsec. (h) and amended
Subsec. (h) to add the references to advanced practice registered nurses and nurse-midwives; P.A. 90-211 amended Subsec.
(f) to add language pertaining to the prescribing, dispensing and administering of controlled substances in schedules II
and III and removed language pertaining to the prescribing and administering of controlled substances by nurse anesthetists
and inserted new Subsec. (h) pertaining to physician assistants, relettering and amending former Subsec. (h) accordingly;
P.A. 91-224 amended Subsec. (f) by deleting language requiring a physician to cosign a prescription for a Schedule II or
III controlled substance; P.A. 95-332 amended Subsec. (a) to allow the Department of Consumer Protection to approve
protocols that permit the dispensing of methadone by a registered nurse or licensed practical nurse; P.A. 96-70 inserted
new Subsec. (i) concerning optometrists, relettering existing Subsec. as (j); P.A. 99-102 deleted Subsec. (b) re obsolete
reference to osteopathy, relettered the remaining Subsecs., deleted obsolete references to osteopathy in redesignated Subsec.
(i) and made technical changes reflecting gender neutrality; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Commissioner and Department of Consumer Protection with Commissioner and Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger
of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.
See Sec. 17a-714a re legal protections for licensed health care professionals who prescribe opioid antagonists to
drug users.
Annotations to former section 19-460:
Cited. 7 CA 403, 407, 408, 413.
Subsec. (a):
Cited. 204 C. 377, 383.
Cited. 7 CA 403, 407.
Annotations to present section:
Cited. 7 CA 403, 407. Cited. 17 CA 257, 265, 267.
Subsec. (a):
Cited. 204 C. 156, 158, 164, 170, 172. Cited. Id., 377, 383. Cited. 240 C. 799.
Cited. 7 CA 403, 407. Cited. 17 CA 257, 261, 264. Use of "and" does not require that physician do all three acts, i.e.
prescribe, administer and dispense, re controlled substances to come within exception provide by subsec. to avoid liability
under Sec. 21a-277(b) or 21a-278(b). 82 CA 435.
Subsec. (b):
Cited. 17 CA 257, 261, 264.
Sec. 21a-253. Possession of marijuana pursuant to a prescription by a physician. Any person may possess or have under his control a quantity of marijuana less
than or equal to that quantity supplied to him pursuant to a prescription made in accordance with the provisions of section 21a-249 by a physician licensed under the provisions
of chapter 370 and further authorized by subsection (a) of section 21a-246 by the Commissioner of Consumer Protection to possess and supply marijuana for the treatment of
glaucoma or the side effects of chemotherapy.
(P.A. 81-440, S. 5, 7; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)
History: June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture
and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby
reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.
Sec. 21a-254. (Formerly Sec. 19-461). Designation of restricted drugs or substances by regulations. Records required by chapter. (a) The Commissioner of Consumer Protection, after investigation and hearing, may by regulation designate certain
substances as restricted drugs or substances by reason of their exceptional danger to
health or exceptional potential for abuse so as to require written records of receipt, use
and dispensation, and may, after investigation and hearing, remove the designation as
restricted drugs or substances from any substance so previously designated.
(b) Each physician, dentist, veterinarian or other person who is authorized to administer or professionally use schedule I substances shall keep a record of such schedule I
substances received by him and a record of all such schedule I substances administered,
dispensed or professionally used by him. The record of schedule I substances received
shall in each case show the date of receipt, the name and address of the person from
whom received and the kind and quantity of schedule I substances received. The record
of all schedule I substances administered, dispensed or otherwise disposed of shall show
the date of 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 substances were
administered or dispensed and the kind and quantity of substances.
(c) Practitioners obtaining and dispensing controlled substances shall keep a record
of all such controlled substances, received and dispensed by them in accordance with
the provisions of subsections (f) and (h) of this section.
(d) Manufacturers and wholesalers shall keep records of all controlled substances,
compounded, mixed, cultivated or grown, or by any other process produced or prepared,
and of all controlled substances received and disposed of by them in accordance with
the provisions of subsections (f) and (h) of this section.
(e) Pharmacies, hospitals, chronic and convalescent nursing homes, rest homes with
nursing supervision, clinics, infirmaries, free-standing ambulatory surgical centers and
laboratories shall keep records of all controlled substances, received and disposed of
by them in accordance with the provisions of subsections (f) and (h) of this section,
except that hospitals and chronic and convalescent nursing homes using a unit dose drug
distribution system may instead keep such records in accordance with the provisions
of subsections (g) and (h) of this section, and except that hospitals and free-standing
ambulatory surgical centers shall not be required to maintain separate disposition records
for schedule V controlled substances or records of administering of individual doses
for ultra-short-acting depressants, including but not limited to, Methohexital, Thiamylal
and Thiopental.
(f) The form of record to be kept under subsection (c), (d) or (e) of this section shall
in each case show the date of receipt, the name and address of the person from whom
received, and the kind and quantity of controlled substances received, or, when applicable, the kind and quantity of controlled substances produced or removed from process
of manufacture and the date of such production or removal from process of manufacture;
and the record shall in each case show the proportion of controlled substances. The
record of all controlled substances sold, administered, dispensed or otherwise disposed
of shall show the date of selling, administering or dispensing, the name of the person
to whom or for whose use, or the owner and species of animal for which, the substances
were sold, administered or dispensed, the address of such person or owner in the instance
of records of other than hospitals, chronic and convalescent nursing homes, rest homes
with nursing supervision and infirmaries, and the kind and quantity of substances. In
addition, hospital and infirmary records shall show the time of administering or dispensing, the prescribing physician and the nurse administering or dispensing the substance.
Each such record of controlled substances shall be separately maintained apart from
other drug records and kept for a period of three years from the date of the transaction
recorded.
(g) Hospitals using a unit dose drug distribution system shall maintain a record
noting all dispositions of controlled substances from any area of the hospital to other
hospital locations. Such record shall include, but need not be limited to, the name, form,
strength and quantity of the drug dispensed, the date dispensed and the location within
the hospital to which the drug was dispensed. Such dispensing record shall be separately
maintained, apart from other drug or business records, for a period of three years. Such
hospital shall, in addition, maintain for each patient a record which includes, but need
not be limited to, the full name of the patient and a complete description of each dose
of medication administered, including the name, form, strength and quantity of the drug
administered, the date and time administered and identification of the nurse or practitioner administering each drug dose. Entries for controlled substances shall be specially
marked in a manner which allows for ready identification. Such records shall be filed
in chronological order and kept for a period of three years.
(h) A complete and accurate record of all stocks of controlled substances on hand
shall, on and after July 1, 1981, be prepared biennially within four days of the first day
of May of the calendar year, except that a registrant may change this date provided the
general physical inventory date of such registrant is not more than six months from the
biennial inventory date, and kept on file for three years; and shall be made available to
the commissioner or his authorized agents. The keeping of a record required by or under
the federal Controlled Substances Act, or federal food and drug laws, containing substantially the same information as is specified above, shall constitute compliance with this
section, provided each record shall in addition contain a detailed list of any controlled
substances lost, destroyed or stolen, the kind and quantity of such substances and the
date of the discovery of such loss, destruction or theft and provided such record shall
be made available to the commissioner or his authorized agents. All records required
by this chapter shall be kept on the premises of the registrant and maintained current
and separate from other business records in such form as to be readily available for
inspection by the authorized agent at reasonable times. The use of a foreign language,
codes or symbols to designate controlled substances or persons in the keeping of any
required record is not deemed to be a compliance with this chapter.
(i) Whenever any record is removed by a person authorized to enforce the provisions
of this chapter or the provisions of the state food, drug and cosmetic laws for the purpose
of investigation or as evidence, such person shall tender a receipt in lieu thereof and the
receipt shall be kept for a period of three years.
(1967, P.A. 555, S. 17; 1969, P.A. 753, S. 11-13; 1972, P.A. 278, S. 9; P.A. 73-681, S. 9, 29; P.A. 74-338, S. 17, 94;
P.A. 77-51; 77-101, S. 2; P.A. 81-148, S. 3, 4; 81-363, S. 2; P.A. 88-357, S. 16; June 30 Sp. Sess. P.A. 03-6, S. 146(c);
P.A. 04-189, S. 1.)
History: 1969 act included cannabis-type drugs as restricted drugs and slightly changed wording in Subsec. (a), deleted
phrase re applicability to practitioners "regularly engaged" in dispensing drugs and included applicability with respect to
purchasing drugs in Subsec. (c) and deleted reference to charging drugs separately or in connection with other professional
services, referred to "controlled" rather than "restricted" drugs in Subsec. (f) record-keeping provisions and required that
records be "separately maintained"; 1972 act replaced "drugs" with "substances" throughout section, rephrased Subsec.
(a) and added provision re removal of restricted drug designation, replaced "restricted drugs" with "Schedule I drugs" in
Subsec. (b), included clinics and infirmaries in Subsec. (e) and ma