(1) Prescription drug or device or legend drug or device means:
(a) A drug or device which is required under federal law to be labeled with one of
the following statements prior to being dispensed or delivered:
(i) Caution: Federal law prohibits dispensing without prescription;
(ii) Caution: Federal law restricts this drug to use by or on the order of a licensed
(iii) “Rx Only”; or
(b) A drug or device which is required by any applicable federal or state law to be
dispensed pursuant only to a prescription or chart order or which is restricted to
use by practitioners only.
(2) Prescription drug or device or legend drug or device does not include a type of
device, including supplies and device components, which carries the federal Food and
Drug Administration legend “Caution: Federal law restricts this device to sale by
or on the order of a licensed health care practitioner” or an alternative legend approved
by the federal Food and Drug Administration which it recognizes, in published guidance,
as conveying essentially the same message.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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