Prescribed Drugs Law and Legal Definition

According to 42 CFR 440. 120 [Title 42, Public Health, Chapter IV,Centers for Medicare & Medicaid Services, Department of Health and Human Services, SubChapter C, Medical Assistance Programs, Part 440, Services, General Provisions, Subpart A, Definitions],a prescribed drugs means “simple or compound substances or mixtures of substances prescribed for the cure, mitigation, or prevention of disease, or for health maintenance that are:

  • Prescribed by a physician or other licensed practitioner of the healing arts within the scope of this professional practice as defined and limited by Federal and State law
  • Dispensed by licensed pharmacists and licensed authorized practitioners in accordance with the State Medical Practice Act; and
  • Dispensed by the licensed pharmacist or practitioner on a written prescription that is recorded and maintained in the pharmacist's or practitioner's records".