© 2016 Research is current as of March 15, 2016. In order to ensure that the information contained herein is as current as possible, research
is conducted using nationwide legal database software and individual state legislative websites. Please contact Jon Woodruff at (703) 836-
6100, ext. 100 or [email protected] with any additional updates or information that may be relevant to this document. This document
is intended for educational purposes only and does not constitute legal advice or opinion. Headquarters Office: THE NATIONAL
ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street, Charlottesville, VA 22902.
1
States that Require ID Prior to
Dispensing Controlled Substances or
Non-Controlled Prescription Drugs
Research current through March 15, 2016
This project was supported by Grant No. G15599ONDCP03A, awarded by the Office of National Drug
Control Policy. Points of view or opinions in this document are those of the author and do not
necessarily represent the official position or policies of the Office of National Drug Control Policy or the
United States Government.
© 2016 Research is current as of March 15, 2016. In order to ensure that the information contained herein is as current as possible, research
is conducted using nationwide legal database software and individual state legislative websites. Please contact Jon Woodruff at (703) 836-
6100, ext. 100 or [email protected] with any additional updates or information that may be relevant to this document. This document
is intended for educational purposes only and does not constitute legal advice or opinion. Headquarters Office: THE NATIONAL
ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street, Charlottesville, VA 22902.
2
This compilation is limited to statutes and regulations relative to prescription drugs or controlled
substances and does not include either of the following: (1) purchases and dispensations of overthe
counter (“OTC”) medicines that do not contain a controlled substance; or (2) prescription monitoring
programs (PMP) that require a dispenser to submit a patient identifier to a central repository, except in
circumstances when the dispenser is required to review identification (“ID”) prior to dispensing as a
component of compliance with a PMP). Do note that this summary is applicable to pseudoephedrine
purchases in states where it is either treated as a controlled substance or a prescription is required.
State
Statute or
Regulation
Identification Required
Alabama
Ala.Code
§ 20-2-190(c)-(d)
A prospective purchaser of an OTC product containing
ephedrine or pseudoephedrine must have a prescription for
the product if they reside in (or show ID from) a state that
requires a prescription for such product (e.g., Mississippi
and Oregon). In that case, the purchaser must be at least 18
years of age and provide: (1) a valid, unsuspended drivers
license or non-driver identification card issued by that state;
(2) a United States Uniformed Services Privilege and
Identification Card; or (3) a United States or foreign
passport.
Alaska
Arizona
A.R.S.
§ 36-2525(J)(4)
With respect to a controlled substance that is listed in
Arizona Schedule III, IV or V and that does not require a
prescription order, the “pharmacist, pharmacy intern or
graduate intern requires every purchaser of a controlled
substance under this subsection not known to that person to
furnish suitable identification, including proof of age [at
least age 18] where appropriate.
Arkansas
A.C.A. § 17-92-410
(a) The proprietor [of the pharmacy] shall at all times keep
in his or her place of business a record book in which shall
be entered all sales of the following . . . .
(b)(1) The record shall show in parallel columns: date of
sale, name of article sold, quantity of article sold, purpose
for which sold, name or initial of dispenser, and the
signature and address of the purchaser.
* * *
(2) If the purchaser is a person not known to the seller, the
seller shall require necessary identification to determine the
true name and address of the purchaser.
© 2016 Research is current as of March 15, 2016. In order to ensure that the information contained herein is as current as possible, research
is conducted using nationwide legal database software and individual state legislative websites. Please contact Jon Woodruff at (703) 836-
6100, ext. 100 or [email protected] with any additional updates or information that may be relevant to this document. This document
is intended for educational purposes only and does not constitute legal advice or opinion. Headquarters Office: THE NATIONAL
ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street, Charlottesville, VA 22902.
3
State
Statute or
Regulation
Identification Required
Arkansas
A.C.A. § 5-64-1103
An out-of-state purchaser of an ephedrine combination
product, pseudoephedrine or phenylpropanolamine who
does not have a U.S. Department of Defense active duty
card must have a prescription to purchase those products.
Such a purchaser must be at least age 18 and provide proof
of age using “any document issued by a governmental
agency which . . . [c]ontains a description of the person or a
photograph of the person, or both, and gives the persons
date of birth.” These substances are each Schedule V
substances in Arkansas, however the classification does not
apply to any ephedrine or pseudoephedrine in liquid, liquid
capsule or liquid gel capsule form.
Arkansas
Ark. Admin. Code
070.00.7-07-04-
0007
A controlled substance listed in Schedule V which is not a
prescription drug as determined under the Federal Food,
Drug, and Cosmetic Act, may be dispensed by a pharmacist
without a prescription to a purchaser at retail, provided that:
* * *
(d) The pharmacist requires every purchaser of a controlled
substance under this section not known to him to furnish
suitable identification (including proof of age where
appropriate).
California
Cal.Bus. &
Prof.Code § 4075
No prescription for a controlled substance transmitted by
means of an oral or electronically transmitted order shall be
furnished to any person unknown and unable to properly
establish his or her identity.
Colorado
Connecticut
C.G.S.A. § 20-612a
A pharmacist licensed pursuant to this chapter or his or her
agent shall require the presentation of valid photographic
identification prior to releasing a controlled substance to
any person not known to such pharmacist. The provisions of
this section shall not apply in an institutional setting or to a
long-term care facility, including, but not limited to, an
assisted living facility or a hospital.
© 2016 Research is current as of March 15, 2016. In order to ensure that the information contained herein is as current as possible, research
is conducted using nationwide legal database software and individual state legislative websites. Please contact Jon Woodruff at (703) 836-
6100, ext. 100 or [email protected] with any additional updates or information that may be relevant to this document. This document
is intended for educational purposes only and does not constitute legal advice or opinion. Headquarters Office: THE NATIONAL
ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street, Charlottesville, VA 22902.
4
State
Statute or
Regulation
Identification Required
Delaware
24 Del. Admin.
Code CSA 4.0
4.10.1 The pharmacist and/or an employee under his/her
direct supervision must verify the identification of the
receiver of the controlled substance prescription by
reference to valid photographic identification. For the
purposes of this section, a valid photographic identification
is limited to the following:
4.10.1.1 A valid Delaware motor vehicle operators license
which contains a photograph of the person receiving the
prescription -- record the license number listed on the
license as part of the patient record.
4.10.1.2 A valid Delaware identification card which
contains the photograph of the person receiving the
prescription - record the identification number listed on the
card as part of the patient record.
4.10.1.3 A valid United States passport.
4.10.1.4 A valid passport or motor vehicle operators
license or state identification card of another state, territory
or possession of the United States or a foreign country only
if it:
4.10.1.4.1 Contains a photograph of the person receiving the
prescription.
4.10.1.4.2 Is encased in tamper-resistant plastic or is
otherwise tamper-resistant.
4.10.1.4.3 Identifies the date of birth of the person receiving
the prescription and has an identification number assigned
to the document which can be recorded as part of the patient
record.
4.10.2 Identification for mail order dispensed controlled
substances must comply with all federal standards.
District of
Columbia
22-B DCMR § 1314
A controlled substance listed in Schedule II, III, IV or V
which is not a prescription drug as determined under the
Federal Food, Drug, and Cosmetic Act, may be dispensed
by a pharmacist without a prescription to a purchaser at
retail; provided, that the following occurs:
* * *
(c) The purchaser is at least eighteen (18) years of age;
(d) The pharmacist requires every purchaser of a controlled
substance under this section not known to him or her to
furnish suitable identification (including proof of age where
appropriate).”
© 2016 Research is current as of March 15, 2016. In order to ensure that the information contained herein is as current as possible, research
is conducted using nationwide legal database software and individual state legislative websites. Please contact Jon Woodruff at (703) 836-
6100, ext. 100 or [email protected] with any additional updates or information that may be relevant to this document. This document
is intended for educational purposes only and does not constitute legal advice or opinion. Headquarters Office: THE NATIONAL
ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street, Charlottesville, VA 22902.
5
State
Statute or
Regulation
Identification Required
Florida
F.S.A. § 893.04
(b) Any pharmacist who dispenses by mail a controlled
substance listed in Schedule II, Schedule III, or Schedule IV
is exempt from the requirement to obtain suitable
identification for the prescription dispensed by mail if the
pharmacist has obtained the patients identification through
the patients prescription benefit plan.
* * *
(d) . . . If the prescriber is not available to verify a
prescription, the pharmacist may dispense the controlled
substance but may insist that the person to whom the
controlled substance is dispensed provide valid
photographic identification.
Florida
F.S.A.
§ 893.055 (14)
A pharmacist, pharmacy, or dispensing health care
practitioner or his or her agent, before releasing a controlled
substance to any person not known to such dispenser, shall
require the person purchasing, receiving, or otherwise
acquiring the controlled substance to present valid
photographic identification or other verification of his or her
identity to the dispenser. If the person does not have proper
identification, the dispenser may verify the validity of the
prescription and the identity of the patient with the
prescriber or his or her authorized agent. Verification of
health plan eligibility through a real-time inquiry or
adjudication system will be considered to be proper
identification. This subsection does not apply in an
institutional setting or to a long-term care facility, including,
but not limited to, an assisted living facility or a hospital to
which patients are admitted. As used in this subsection, the
term “proper identification” means an identification that is
issued by a state or the Federal Government containing the
persons photograph, printed name, and signature or a
document considered acceptable under 8 C.F.R. s.
274a.2(b)(1)(v)(A) and (B).
Georgia
Ga. Code Ann.,
§ 26-4-80(l)
A pharmacist shall require a person picking up a Schedule
II controlled substance prescription to present a government
issued photo identification document or such other form of
identification which documents legibly the full name of the
person taking possession of the Schedule II controlled
substance subject to the rules adopted by the board.
© 2016 Research is current as of March 15, 2016. In order to ensure that the information contained herein is as current as possible, research
is conducted using nationwide legal database software and individual state legislative websites. Please contact Jon Woodruff at (703) 836-
6100, ext. 100 or [email protected] with any additional updates or information that may be relevant to this document. This document
is intended for educational purposes only and does not constitute legal advice or opinion. Headquarters Office: THE NATIONAL
ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street, Charlottesville, VA 22902.
6
State
Statute or
Regulation
Identification Required
Georgia
Ga Comp. R. &
Regs. 480-19-
.03(b)(2)(C)
Pseudoephedrine is an “Exempt Schedule V Controlled
Substance” that may be purchased OTC. “A registered
pharmacist, or pharmacy intern or pharmacy extern acting
under the direct supervision of a registered pharmacist may
personally, or may direct designated pharmacy to, ask the
patient to produce a photo identification issued by a state or
the federal government to use in verifying that the patients
name on the photo identification matches the name the
patient wrote in the logbook; No exempt Schedule V
pseudoephedrine containing drug product can be sold to a
patient unless they present appropriate identification.”
Hawaii
HRS § 329-41(a)(6)
It is unlawful for anyone who “is a practitioner or
pharmacist to dispense a controlled substance to any
individual not known to the practitioner or pharmacist,
except under the following circumstances:
(A) When dispensing a controlled substance directly to an
individual, the practitioner or pharmacist shall first obtain
and document, in a log book or an electronic database, the
full name, identification number, identification type, and
signature, whether by actual signature or by electronic
signature capture device, of the individual obtaining the
controlled substance. If the individual does not have any
form of proper identification, the pharmacist shall verify the
validity of the prescription and identity of the patient with
the prescriber, or their authorized agent, before dispensing
the controlled substance.
* * *
For the purpose of this section, proper identification
means government-issued identification containing the
photograph, printed name, identification number, and
signature of the individual obtaining the controlled
substance.”
© 2016 Research is current as of March 15, 2016. In order to ensure that the information contained herein is as current as possible, research
is conducted using nationwide legal database software and individual state legislative websites. Please contact Jon Woodruff at (703) 836-
6100, ext. 100 or [email protected] with any additional updates or information that may be relevant to this document. This document
is intended for educational purposes only and does not constitute legal advice or opinion. Headquarters Office: THE NATIONAL
ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street, Charlottesville, VA 22902.
7
State
Statute or
Regulation
Identification Required
Idaho
IDAPA
27.01.01.200
A potential recipient of a controlled substance must first be
positively identified or the controlled substance must not be
dispensed. (3-21-12)
01. Positive Identification Presumed. Positive identification
is presumed and presentation of identification is not
required if dispensing directly to the patient and if: (3-21-
12) (a) the controlled substance will be paid for, in whole or
in part, by an insurer; or (3-21-12); (b) the patient is being
treated at an institutional facility or is housed in a
correctional facility. (4-4-13); or (c) the filled prescription is
delivered to the patients residence either by mail, common
carrier, or an employee of the pharmacy. (4-4-13)
02. Personal Identification. Presentation of identification is
also not required if the individual receiving the controlled
substance is personally and positively known by a pharmacy
or prescriber drug outlet staff member who is present and
identifies the individual and the personal identification is
documented by recording: (3-21-12) (a) the recipients
name (if other than the patient); (3-21-12); (b) a notation
indicating that the recipient was known to the staff member;
and (3-21-12); and (c) the identity of the staff member
making the personal identification. (3-21-12)
03. Acceptable Identification. The identification presented
must include an unaltered photograph and signature and
acceptable forms include: (3-20-14) (a) avalid U.S. state or
U.S. military drivers license or identification card; (3-20-
14); (b) a Western Hemisphere Travel Initiative (WHTI)
compliant document (i.e., Enhanced Drivers License
(EDL) or Nexus Air Card); (3-20-14); (c) a valid passport;
and (3-20-14); and (d) a U.S. passport card (PASS Card).
(3-20-14).”
Illinois
720 ILCS
570/312(a), (c)
(continued below)
When dispensing controlled substances, “a pharmacy shall
maintain a policy regarding the type of identification
necessary, if any, to receive a prescription in accordance
with State and federal law. The pharmacy must post such
information where prescriptions are filled.
* * *
© 2016 Research is current as of March 15, 2016. In order to ensure that the information contained herein is as current as possible, research
is conducted using nationwide legal database software and individual state legislative websites. Please contact Jon Woodruff at (703) 836-
6100, ext. 100 or [email protected] with any additional updates or information that may be relevant to this document. This document
is intended for educational purposes only and does not constitute legal advice or opinion. Headquarters Office: THE NATIONAL
ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street, Charlottesville, VA 22902.
8
State
Statute or
Regulation
Identification Required
Illinois
(continued)
720 ILCS
570/312(a), (c)
(c) Except for any non-prescription targeted
methamphetamine precursor regulated by the
Methamphetamine Precursor Control Act, a controlled
substance included in Schedule V shall not be distributed or
dispensed other than for a medical purpose and not for the
purpose of evading this Act, and then:
* * *
(2) only personally by a pharmacist, and then only to a
person over 21 years of age who has identified himself or
herself to the pharmacist by means of 2 positive documents
of identification.
Indiana
IC 35-48-7-8.1(c)
A pharmacist, pharmacy technician, or person authorized
by a pharmacist to dispense a controlled substance may not
dispense a controlled substance to a person who is not
personally known to the pharmacist, pharmacy technician,
or person authorized by a pharmacist to dispense a
controlled substance unless the person taking possession of
the controlled substance provides documented proof of the
persons identification to the pharmacist, pharmacy
technician, or person authorized by a pharmacist to dispense
a controlled substance.
Iowa
I.C.A. §§ 124.212 to
124.213; 124.401;
126.23A to 126.23B;
and 714.7C
Subject to certain exceptions, ephedrine and
pseudoephedrine are Schedule V controlled substances that
do not require a prescription to dispense. When a
pseudoephedrine product is purchased at a pharmacy, the
purchaser must be age 18 or older and produce a
government-issued photo ID card.
Kansas
K.S.A.
65-1643(j)(1)(B)
A controlled substance may not be dispensed in a pharmacy
unless “any person purchasing, receiving or otherwise
acquiring any such controlled substance produces a photo
identification showing the date of birth of the person and
signs a log and enters in the log, or allows the seller to enter
in the log, such person’s address and the date and time of
sale or allows the seller to enter such information into an
electronic logging system pursuant to K.S.A. 65-16,102,
and amendments thereto.”
© 2016 Research is current as of March 15, 2016. In order to ensure that the information contained herein is as current as possible, research
is conducted using nationwide legal database software and individual state legislative websites. Please contact Jon Woodruff at (703) 836-
6100, ext. 100 or [email protected] with any additional updates or information that may be relevant to this document. This document
is intended for educational purposes only and does not constitute legal advice or opinion. Headquarters Office: THE NATIONAL
ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street, Charlottesville, VA 22902.
9
State
Statute or
Regulation
Identification Required
Kansas
K.S.A. §§ 21-5709,
21-5710, 65-16,101,
65-4113, 65-1643
and 65-16,101
through 65-16,108.
Ephedrine and pseudoephedrine are Schedule V substances
that may only be purchased in a pharmacy and dispensed by
a licensed pharmacist, a registered pharmacy technician or a
pharmacy intern or clerk supervised by a licensed
pharmacist. A prospective purchaser must be at least age 18
and must provide a photo ID showing date of birth.
Kentucky
902 Ky. Admin.
Regs. 55:110
“Section 5. Patient Identification Number. (1) A patient or
the person obtaining the controlled substance on behalf of
the patient shall disclose to the dispenser the patient’s
Social Security number for purposes of the dispenser’s
mandatory reporting to KASPER.
(2) If a patient is an adult who does not have a Social
Security number, the patient’s driver’s license number shall
be disclosed.
(3) If a patient is an adult who has not been assigned a
Social Security number or a driver’s license number, the
number 000-00-0000 shall be used in the Social Security
field.
(4) If a patient is a child who does not have a Social
Security number or a driver’s license number, the number
“000-00-0000” shall be used in the Social Security field.
(5) If a patient is an animal, the number “000-00-0000”
shall be used in the Social Security number field.”
Louisiana
LSA-R.S. 40:971(E)
Every pharmacy in which a controlled dangerous
substance is physically obtained by a patient or a patient’s
agent shall require every person purchasing, receiving, or
otherwise acquiring any controlled dangerous substance to
produce a photo identification card, unless the patient or the
patients agent is known to the pharmacist. The person
purchasing, receiving, or otherwise acquiring the controlled
dangerous substance prescription does not have to be the
specific patient to whom the prescription is issued.
© 2016 Research is current as of March 15, 2016. In order to ensure that the information contained herein is as current as possible, research
is conducted using nationwide legal database software and individual state legislative websites. Please contact Jon Woodruff at (703) 836-
6100, ext. 100 or [email protected] with any additional updates or information that may be relevant to this document. This document
is intended for educational purposes only and does not constitute legal advice or opinion. Headquarters Office: THE NATIONAL
ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street, Charlottesville, VA 22902.
10
State
Statute or
Regulation
Identification Required
Louisiana
La. Admin Code. tit.
46, pt. LIII, § 2747
(D)
“Dispensing Controlled Substances without a Prescription.
A controlled substance listed in Schedule II, III, IV, or V
which is not a prescription drug as determined under the
Federal Food, Drug, and Cosmetic Act may be dispensed by
a pharmacist without a prescription to a purchaser at retail,
provided that:
* * *
3. the purchaser is at least 18 years of age;
4. the pharmacist requires every purchaser of a controlled
substance under this paragraph not known to him to furnish
suitable identification (including proof of age where
appropriate).”
Louisiana
LSA-R.S.
§§ 40:962.1.1 and
40:1049.1 to
40:1049.11
Any product that contains any quantity of ephedrine,
pseudoephedrine or phenylpropanolamine is a Schedule V
substance in Louisiana, unless the substance is listed in
another schedule. Products may be dispensed, sold or
distributed only by a licensed pharmacist, certified
pharmacy technician or pharmacy employee permitted by
the Louisiana Board of Pharmacy. Prospective purchasers
must provide federal or state issued photo ID that would be
acceptable under 8 CFR § 274a.2(b)(1)(v)(A) and (B)
(documents that verify identity and employment
authorization).
Maine
32 M.R.S.A.
§ 13786-A(2)-(3)
(continued below)
2. Out-of-state prescription security requirements.
Notwithstanding any law or rule to the contrary, a
prescription for a schedule II drug written by an out-of-state
practitioner on a prescription blank that does not comply
with the requirements for a security prescription blank, as
defined in the Department of Public Safety rule pursuant to
subsection 1, may be filled by a pharmacist only if:
* * *
© 2016 Research is current as of March 15, 2016. In order to ensure that the information contained herein is as current as possible, research
is conducted using nationwide legal database software and individual state legislative websites. Please contact Jon Woodruff at (703) 836-
6100, ext. 100 or [email protected] with any additional updates or information that may be relevant to this document. This document
is intended for educational purposes only and does not constitute legal advice or opinion. Headquarters Office: THE NATIONAL
ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street, Charlottesville, VA 22902.
11
State
Statute or
Regulation
Identification Required
Maine
(continued)
32 M.R.S.A.
§ 13786-A(2)-(3)
B. The pharmacist demands, inspects and records a valid
photographic identification from any person presenting a
prescription or receiving a filled prescription unless:
(1) The person is the patient for whom the prescription is
written; (2) The person’s identity is personally known to the
pharmacist; and (3) The pharmacist confirms by reviewing
the pharmacy records that the pharmacist has previously
demanded, inspected and recorded a valid photographic
identification from the person.
3. Valid photographic identification. For the purposes of
subsection 2, a valid photographic identification is limited
to the following: (A). A valid Maine motor vehicle
operator’s license; (B). A valid Maine identification card
issued under Title 29-A, section 1410; (C). A valid United
States passport; or (D). A valid passport or motor vehicle
operator’s license of another state, territory or possession of
the United States or a foreign country only if it: (1)
Contains a photograph of the person presenting the
prescription; (2) Is encased in tamper-resistant plastic or is
otherwise tamper-resistant; and (3) Identifies the date of
birth of the person presenting the prescription.”
Maine
32 M.R.S.A.
§ 13795(1)
(continued below)
“As a precondition to filling any prescription, dispensing
any drug or selling any targeted methamphetamine
precursor, a pharmacist or person acting at the direction of a
pharmacist may demand, inspect and record proof of
identification, including valid photographic identification,
from any patient presenting a prescription or any person
acting on behalf of the patient or person purchasing a
targeted methamphetamine precursor. Valid photographic
identification includes but is not limited to the following:
A. A valid Maine motor vehicle operator’s license;
B. A valid Maine identification card issued under Title 29-
A, section 1410;
C. A valid United States passport;
© 2016 Research is current as of March 15, 2016. In order to ensure that the information contained herein is as current as possible, research
is conducted using nationwide legal database software and individual state legislative websites. Please contact Jon Woodruff at (703) 836-
6100, ext. 100 or [email protected] with any additional updates or information that may be relevant to this document. This document
is intended for educational purposes only and does not constitute legal advice or opinion. Headquarters Office: THE NATIONAL
ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street, Charlottesville, VA 22902.
12
State
Statute or
Regulation
Identification Required
Maine
(continued)
32 M.R.S.A.
§ 13795(1)
D. A valid passport, motor vehicle operator’s license of
another state, territory, possession or foreign country or
official identification card issued by the United States
Government only if it: (1) Contains a photograph of the
person presenting the identification; (2) Is encased in
tamper-resistant plastic or otherwise possesses indicia of
tamper-resistance; and (3) Identifies the person’s date of
birth; or
E. Other valid, tamper-resistant, photographic identification
as provided in rules adopted by the board pursuant to
section 13722, subsection 1, paragraph A and in accordance
with Title 5, chapter 375.”
Maryland
Massachusetts
105 CMR 700.001;
105 CMR 701.004
Customer Identifier means the identification number on a
valid government issued identification, as specified by the
Department, which a pharmacy obtains by inspecting the
identification of the ultimate user or agent of the ultimate
user to whom a prescription is dispensed.
* * *
(A) A pharmacy shall require that a customer identifier, as
defined in 105 CMR 700.001: Definitions, be presented by
the ultimate user or agent of the ultimate user to whom a
prescription for a controlled substance in Schedules II
through V, or a controlled substance classified as an
additional drug in accordance with 105 CMR
700.012(A)(1), is dispensed.
(B) The pharmacy may dispense a controlled substance in
Schedules II through V or an additional drug without
meeting the requirement in 105 CMR 701.004(A), provided
that: (1) the pharmacy has reason to believe that the failure
to dispense the controlled substance or additional drug
would result in a serious hardship for the ultimate user or
agent of the ultimate user, and documents the reason; and
(2) the ultimate user or agent of the ultimate user prints his
or her name and address on the reverse side of the
prescription and signs his or her name thereto.”
© 2016 Research is current as of March 15, 2016. In order to ensure that the information contained herein is as current as possible, research
is conducted using nationwide legal database software and individual state legislative websites. Please contact Jon Woodruff at (703) 836-
6100, ext. 100 or [email protected] with any additional updates or information that may be relevant to this document. This document
is intended for educational purposes only and does not constitute legal advice or opinion. Headquarters Office: THE NATIONAL
ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street, Charlottesville, VA 22902.
13
State
Statute or
Regulation
Identification Required
Michigan
Mich. Admin. Code
R. 338.3162(2)
“A pharmacist shall require positive identification of
individuals to whom controlled substances are dispensed or
delivered when the individual is not known to the
pharmacist or pharmacy employees. The following provide
for waiver of this requirement: (a) when positive
identification is not available and a pharmacist, who in
exercising his or her professional judgment, determines that
a delay in dispensing the controlled substance may be
detrimental to a patient; (b) Subdivision (a) of this subrule
does not exempt a pharmacist from the requirement to
submit a patient identifier, as defined in R 338.3102(1)(f).”
Minnesota
M.S.A. § 152.11(2d)
“Identification requirement for Schedule II or III controlled
substance prescriptions. (a) No person may dispense a
controlled substance included in Schedule II or III without
requiring the person purchasing the controlled substance,
who need not be the person for whom the controlled
substance prescription is written, to present valid
photographic identification, unless the person purchasing
the controlled substance, or if applicable the person for
whom the controlled substance prescription is written, is
known to the dispenser. (b) This subdivision applies only to
purchases of controlled substances that are not covered, in
whole or in part, by a health plan company or other third-
party payor.”
Minnesota
M.S.A. §§ 152.02,
152.0262 and
152.135.
Any compound, mixture, or preparation containing
ephedrine or pseudoephedrine as its sole active ingredient or
as one of its active ingredients is a Schedule V substance in
Minnesota. Although listed in Schedule V, OTC sales of
methamphetamine precursor drugs are allowed in cases of:
(1) packages containing not more than a total of three grams
of one or more methamphetamine precursor drugs,
calculated in terms of ephedrine base or pseudoephedrine
base; or (2) for nonliquid products, sales in blister packs,
where each blister contains not more than two dosage units,
or, if the use of blister packs is not technically feasible,
sales in unit dose packets or pouches. Products can be
offered for sale only by a licensed pharmacist, a registered
pharmacy technician or a pharmacy clerk to persons aged
18 or older who provide photo ID showing the buyer’s date
of birth.
© 2016 Research is current as of March 15, 2016. In order to ensure that the information contained herein is as current as possible, research
is conducted using nationwide legal database software and individual state legislative websites. Please contact Jon Woodruff at (703) 836-
6100, ext. 100 or [email protected] with any additional updates or information that may be relevant to this document. This document
is intended for educational purposes only and does not constitute legal advice or opinion. Headquarters Office: THE NATIONAL
ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street, Charlottesville, VA 22902.
14
State
Statute or
Regulation
Identification Required
Mississippi
Miss. Admin. Code
30-20-3001:VIII (2)
“Patient Records: A. A patient record system shall be
maintained by all pharmacies for patients for whom
prescription drug orders are dispensed. The patient record
system shall provide for the immediate retrieval of
information necessary for the dispensing pharmacist to
identify previously dispensed drugs at the time a
prescription drug order is presented for dispensing. The
pharmacist or the pharmacist’s agent shall make a
reasonable effort to obtain, record, and maintain the
following information: (1) Full name of the patient for
whom the drug is intended; (2) Address and telephone
number of the patient; (3) Patient’s age or date of birth;
(4) Patient’s gender . . . .”
Mississippi
Miss. Admin. Code
30-20-3001:XVIII
(2)
A controlled substance in Schedule V which is not a
prescription drug may be dispensed pursuant to a valid
prescription or it may be dispensed without a prescription
provided that:
* * *
F. The purchaser furnishes to the pharmacist identification
which shall include the purchasers name, address and date
of birth. The purchaser must be at least eighteen (18) years
of age.
Missouri
19 Mo. Code of
State Regulations
30-1.074(3)
“Methamphetamine precursor products may be sold,
dispensed, distributed, or otherwise provided only as
follows:
(A) Products that are designated Schedule V controlled
substances which contain any detectable amount of
pseudoephedrine, ephedrine, phenylpropanolamine, their
salts or optical isomers, or salts of their optical isomers may
be sold, distributed, or otherwise provided only by a
pharmacist or pharmacy ancillary personnel as authorized
by the Missouri State Board of Pharmacy;
* * *
(D) Methamphetamine precursor products regulated by
Missouri law as controlled substances shall only be sold to
customers eighteen (18) years of age or older who present a
valid photo identification.”
© 2016 Research is current as of March 15, 2016. In order to ensure that the information contained herein is as current as possible, research
is conducted using nationwide legal database software and individual state legislative websites. Please contact Jon Woodruff at (703) 836-
6100, ext. 100 or [email protected] with any additional updates or information that may be relevant to this document. This document
is intended for educational purposes only and does not constitute legal advice or opinion. Headquarters Office: THE NATIONAL
ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street, Charlottesville, VA 22902.
15
State
Statute or
Regulation
Identification Required
Missouri
20 Mo. Code of
State Regulations
2220-2.900(L)
“Any pharmacy that maintains an automated system for
remote dispensing to ambulatory patients must maintain a
video camera and audio system to provide for effective
communication between pharmacy personnel and
consumers. It must be a system that will allow for the
appropriate exchange of oral as well as written
communications to facilitate patient counseling as provided
in 20 CSR 2220-2.190 and other matters involved in the
correct transaction or provision of drugs.
1. Video monitors used for the proper identification and
communication with persons receiving prescription drugs
shall be a minimum of twelve inches (12″) wide and
provided at both the pharmacy and remote location for
direct visual contact between pharmacist and patient.
* * *
3. Backlighting or other factors that may inhibit video or
audio performance must be taken into account when using
such systems to identify recipients of prescription drugs.
Positive identification of recipients must be made before
any drug is delivered.”
Montana
MCA §§ 44-4-1001
to 1005 and 50-32-
501 to 50-32-503;
Mont.Admin.R.
23.12.801 to
23.12.807.
Schedule IV in Montana includes any material, compound,
mixture, or preparation that contains any quantity of
ephedrine having a stimulant effect on the central nervous
system, including its salts, enantiomers (optical isomers),
and salts of enantiomers (optical isomers) when ephedrine is
the only active medicinal ingredient or is used in
combination with therapeutically insignificant quantities of
another active medicinal ingredient. Retail sales of
ephedrine or pseudoephedrine may occur in one of two
places: (1) a licensed pharmacy; or (2) if there is no licensed
community pharmacy within a county, then at a certified
retail establishment in that county. A prospective purchaser
must produce a valid driver’s license or other form of valid
government-issued photo ID.
Nebraska
© 2016 Research is current as of March 15, 2016. In order to ensure that the information contained herein is as current as possible, research
is conducted using nationwide legal database software and individual state legislative websites. Please contact Jon Woodruff at (703) 836-
6100, ext. 100 or [email protected] with any additional updates or information that may be relevant to this document. This document
is intended for educational purposes only and does not constitute legal advice or opinion. Headquarters Office: THE NATIONAL
ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street, Charlottesville, VA 22902.
16
State
Statute or
Regulation
Identification Required
Nevada
N.R.S. 453.431(2)
A person shall not furnish a false name or address while
attempting to obtain a controlled substance or a prescription
for a controlled substance. A person prescribing,
administering or dispensing a controlled substance may
request proper identification from a person requesting
controlled substances.
Nevada
NAC 639.748
“1. Except as otherwise provided in this section, an
employee of a pharmacy who is authorized to dispense
controlled substances shall, before dispensing a controlled
substance pursuant to a lawful prescription, request the
person to whom the controlled substance will be dispensed
to present a current form of identification issued by a
federal, state or local governmental agency that contains a
photograph of the person. The employee shall not dispense
the controlled substance if: (a) That person does not present
such identification; or (b) The employee reasonably
believes that the identification presented has been altered or
is false or otherwise invalid.
2. The provisions of subsection 1 do not apply if:
(a) The prescription is paid for, in whole or in part, by an
insurer; (b) The prescription is for a patient who has had a
prescription for the same controlled substance previously
filled by the pharmacy; or (c) The pharmacy is a part of the
health care facility where the patient is being treated.
3. The employee shall:
(a) Make a photocopy of the identification presented to the
employee; or (b) Record the full name of the person to
whom the controlled substance is dispensed and the
identification number indicated on his or her identification,
if any, on the prescription, the refill log, the counseling log,
a computer record related to the patient or any other
document that is readily retrievable.”
New
Hampshire
© 2016 Research is current as of March 15, 2016. In order to ensure that the information contained herein is as current as possible, research
is conducted using nationwide legal database software and individual state legislative websites. Please contact Jon Woodruff at (703) 836-
6100, ext. 100 or [email protected] with any additional updates or information that may be relevant to this document. This document
is intended for educational purposes only and does not constitute legal advice or opinion. Headquarters Office: THE NATIONAL
ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street, Charlottesville, VA 22902.
17
State
Statute or
Regulation
Identification Required
New Jersey
N.J.S.A. 45:1-
46.1(a)(2)(b)
A pharmacist shall not dispense a prescription to a person
other than the patient for whom the prescription is intended,
unless the person picking up the prescription provides
personal identification to the pharmacist, and the
pharmacist, as required by subsection b. of section 25 of
P.L.2007, c. 244 (C.45:1-45), inputs that identifying
information into the Prescription Monitoring Program if the
pharmacist has a reasonable belief that the person may be
seeking a controlled dangerous substance, in whole or in
part, for any reason other than delivering the substance to
the patient for the treatment of an existing medical
condition. The provisions of this subparagraph shall not
take effect until the director determines that the Prescription
Monitoring Program has the technical capacity to accept
such information.
New Mexico
N.M. Admin. Code
16.19.20.42(G)
A pharmacy employee must verify the identity of the
patient or the patients representative before a new
prescription for a controlled substance listed in Schedule II,
III, or IV, is delivered. Acceptable identification means a
state issued drivers license, including photo, or other
government issued photo identification. The identification
number of the government issued identification and the
name imprinted on that identification must be recorded in a
manner to be determined by a written policy developed by
the pharmacist-in-charge. Exceptions are, a new controlled
substance prescription filled for a patient known to the
pharmacist or pharmacist intern, whose identification has
already been documented in a manner determined by a
written policy developed by the pharmacist-in-charge; a
controlled substance prescription filled for home delivery;
or a controlled substance prescription filled for and
delivered to a licensed facility.
New Mexico
N.M Stat. Ann.
§ 30-31-10;
N.M. Admin. Code
§§ 16.19.20 and
16.19.21.
A product that contains any detectable quantity of
pseudoephedrine is in Schedule V, but pseudoephedrine
products in liquid form including liquid filled gel caps and
pseudoephedrine products already classified as dangerous
drugs are excluded. Such products may only be sold at a
pharmacy’s place of business. A prospective purchaser
must produce a driver’s license or other government-issued
photo identification showing the date of birth of the person.
© 2016 Research is current as of March 15, 2016. In order to ensure that the information contained herein is as current as possible, research
is conducted using nationwide legal database software and individual state legislative websites. Please contact Jon Woodruff at (703) 836-
6100, ext. 100 or [email protected] with any additional updates or information that may be relevant to this document. This document
is intended for educational purposes only and does not constitute legal advice or opinion. Headquarters Office: THE NATIONAL
ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street, Charlottesville, VA 22902.
18
State
Statute or
Regulation
Identification Required
New York
10 NYCRR 80.73(e)
A pharmacy shall make a good faith effort to verify the
identity of any person accepting delivery of a dispensed
prescription for a [Schedule II] controlled substance by
requiring such person, if unknown to the pharmacy, to
present appropriate identification.
New York
10 NYCRR 80.74(f)
A pharmacy shall make a good faith effort to verify the
identity of any person accepting delivery of a dispensed
prescription for a [Schedule III, IV or V] controlled
substance by requiring such person, if unknown to the
pharmacy, to present appropriate identification.
North Carolina
N.C.G.S.A.
§ 90-106.1
“(a) Immediately prior to dispensing a Schedule II
controlled substance, or any of the Schedule III controlled
substances listed in subdivisions 1. through 8. of G.S. 90-
91(d), each pharmacy holding a valid permit pursuant to
G.S. 90-85.21 shall require the person seeking the
dispensation to present one of the following valid,
unexpired forms of government-issued photographic
identification: (i) a drivers license, (ii) a special
identification card issued under G.S. 20-37.7, (iii) a military
identification card, or (iv) a passport. Upon presentation of
the required photographic identification, the pharmacy shall
document the name of the person seeking the dispensation,
the type of photographic identification presented by the
person seeking the dispensation, and the photographic
identification number. The pharmacy shall retain this
identifying information on the premises or at a central
location apart from the premises as part of its business
records for a period of three years following dispensation.
* * *
(c) Nothing in this section shall be deemed to require that
the person seeking the dispensation and the person to whom
the prescription is issued be the same person, and nothing in
this section shall apply to the dispensation of controlled
substances to employees of “health care facilities”, as that
term is defined in G.S. 131E-256(b), when the controlled
substances are delivered to the health care facilities for the
benefit of residents or patients of such health care
facilities.
© 2016 Research is current as of March 15, 2016. In order to ensure that the information contained herein is as current as possible, research
is conducted using nationwide legal database software and individual state legislative websites. Please contact Jon Woodruff at (703) 836-
6100, ext. 100 or [email protected] with any additional updates or information that may be relevant to this document. This document
is intended for educational purposes only and does not constitute legal advice or opinion. Headquarters Office: THE NATIONAL
ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street, Charlottesville, VA 22902.
19
State
Statute or
Regulation
Identification Required
North Carolina
21 NCAC 46.1817
“(a) As a precondition to filling any prescription or
dispensing any drug, a pharmacist or person acting at the
direction of a pharmacist may demand, inspect and record
proof of identification, including valid photographic
identification, from any patient presenting a prescription or
any person acting on behalf of the patient. Valid
photographic identification includes but is not limited to the
following: (1) A valid motor vehicle operator’s license; (2)
A valid identification card; (3) A valid United States
passport; or (4) Other valid, tamper-resistant, photographic
identification.
(b) A pharmacist or person acting at the direction of a
pharmacist may exercise discretion and refuse to fill any
prescription or dispense any drug if unsatisfied as to the
legitimacy or appropriateness of any prescription presented,
the validity of any photographic identification or the
identity of any patient presenting a prescription or any
person acting on behalf of the patient. Refusal to fill
pursuant to this Paragraph shall be noted on the prescription
by the pharmacist or person acting at the direction of a
pharmacist.”
North Dakota
NDAC
61-04-03.1-01
“Pharmacists, pharmacy interns, pharmacy technicians, and
clerical personnel are required to obtain positive
identification if they are unsure of the identity of the person
picking up a prescription for any controlled substance,
tramadol, or carisoprodol. Positive identification means a
document issued by a governmental agency which:
1. Contains a description of the person or a photograph of
the person, or both; and
2. Includes, but is not limited to, a passport, military
identification card, or driver’s license.”
© 2016 Research is current as of March 15, 2016. In order to ensure that the information contained herein is as current as possible, research
is conducted using nationwide legal database software and individual state legislative websites. Please contact Jon Woodruff at (703) 836-
6100, ext. 100 or [email protected] with any additional updates or information that may be relevant to this document. This document
is intended for educational purposes only and does not constitute legal advice or opinion. Headquarters Office: THE NATIONAL
ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street, Charlottesville, VA 22902.
20
State
Statute or
Regulation
Identification Required
Ohio
OAC 4729-11-09
(A)-(C)
“A schedule V controlled substance product which is not a
prescription drug as determined under the “Federal Food,
Drug and Cosmetic Act” may be sold at retail by a
pharmacist without a prescription to a purchaser at retail
provided that:
(A) The sale is made only by a pharmacist or a pharmacy
intern under the direct supervision of a pharmacist and not
by a nonpharmacist employee even if under the supervision
of a pharmacist (although after the pharmacist has fulfilled
his professional and legal responsibilities in this section, the
actual cash, credit transaction, or delivery may be
completed by a nonpharmacist).
(B) The purchaser is at least eighteen years of age.
(C) The pharmacist requires every purchaser of a controlled
substance under this rule not known to him to furnish
suitable identification (including proof of age where
appropriate).”
Oklahoma
63 Okl.St.Ann.
§ 2-309B(7)
(continue below)
“‘Recipient’s identification number’ and ‘recipient’s agent’s
identification number’ means the unique number contained
on a valid passport, military identification card, driver
license, or identification card issued to a recipient pursuant
to Section 6-105 of Title 47 of the Oklahoma Statutes or
similar statute of another state if the recipient is not a
resident of the State of Oklahoma, or, if the recipient is less
than eighteen (18) years old and has no such identification,
the unique number contained on a valid passport, military
identification card, driver license, or identification card
issued to the recipients parent or guardian pursuant to
Section 6-105 of Title 47 of the Oklahoma Statutes or
similar statute of another state if the parent or guardian is
not a resident of the State of Oklahoma, or, if the controlled
dangerous substance is obtained for an animal, the unique
number contained on the animal owners valid driver
license or identification card issued pursuant to Section 6-
105 of Title 47 of the Oklahoma Statutes or similar statute
of another state if the owner is not a resident of the State of
Oklahoma.
© 2016 Research is current as of March 15, 2016. In order to ensure that the information contained herein is as current as possible, research
is conducted using nationwide legal database software and individual state legislative websites. Please contact Jon Woodruff at (703) 836-
6100, ext. 100 or [email protected] with any additional updates or information that may be relevant to this document. This document
is intended for educational purposes only and does not constitute legal advice or opinion. Headquarters Office: THE NATIONAL
ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street, Charlottesville, VA 22902.
21
State
Statute or
Regulation
Identification Required
Oklahoma
(continued)
63 Okl.St.Ann.
§ 2-309B(7)
Nonresident drug outlets registered pursuant to the
Oklahoma Pharmacy Act and resident drug outlets defined
in Section 353.1 of Title 59 of the Oklahoma Statutes are
exempt from the picture identification requirement if the
nonresident and resident drug outlets have obtained the
identification of the patient through the prescription benefit
plan of the patient.”
Oklahoma
Okla. Admin. Code
475:30-1-6(d)
In case of an emergency situation, as defined by the
Oklahoma State Board of Pharmacy pursuant to Title 63
Okl.St.Ann. §2-309, and Title 21 Code of Federal
Regulations, §1306.11, the pharmacist of a registered or
otherwise authorized pharmacy may dispense a controlled
dangerous substance listed in Schedule II upon receiving
oral authorization of a prescribing registered individual;
PROVIDED that:
* * *
(4) In emergency situations, reasonable effort must be made
to determine the identity of the person picking up the
prescription if that person is not known to the pharmacist.
Oklahoma
Okla. Admin. Code
475:30-1-14
A controlled dangerous substance listed in Schedule V
which is not a prescription drug as determined by the
Oklahoma State Board of Pharmacy and/or the Federal
Food and Drug Administration, may be dispensed by a
pharmacy without a prescription to a purchaser at retail
level; PROVIDED that:
* * *
(6) The pharmacy requires every purchaser of controlled
dangerous substances under this Chapter not known to
him/her to furnish suitable identification (including proof of
age where appropriate).
Oklahoma
Okla. Admin. Code
475:30-1-15
Pharmacists are required to obtain valid identification as
required by Title 63 § 2-309C if they are unsure of the
identity of a person picking up a prescription for any
controlled dangerous substance.
Oregon
OAR 855-019-
0210(3)
A pharmacist may refuse to dispense a prescription to any
person who lacks proper identification.
© 2016 Research is current as of March 15, 2016. In order to ensure that the information contained herein is as current as possible, research
is conducted using nationwide legal database software and individual state legislative websites. Please contact Jon Woodruff at (703) 836-
6100, ext. 100 or [email protected] with any additional updates or information that may be relevant to this document. This document
is intended for educational purposes only and does not constitute legal advice or opinion. Headquarters Office: THE NATIONAL
ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street, Charlottesville, VA 22902.
22
State
Statute or
Regulation
Identification Required
Pennsylvania
28 Pa. Code § 25.57
A controlled substance listed in Schedules III, IV, or V
which is not a prescription drug as determined under the
Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 301--
392, may be dispensed without a prescription to a purchaser
at retail provided that the following conditions are met:
* * *
(3) The purchaser is at least 18 years of age.
(4) The pharmacist requires every purchaser of a controlled
substance listed in Schedule V not known to him to furnish
suitable identification, including proof of age where
appropriate.”
Rhode Island
South Carolina
Code 1976
§ 44-53-360(i)
“Excepting a mail order prescription dispensed in
compliance with Chapter 43 of Title 40 for which the
dispenser requires proper identification of the recipient, a
prescription for a controlled substance in Schedules II
through V may not be filled unless the dispenser knows the
recipient or requires the recipient to produce a government
issued photo identification, and the dispenser notes the
identification source and number on the prescription, or in a
readily retrievable log including: (1) prescription number;
(2) date prescription filled; (3) number and type of
identification; [and] (4) initials of person obtaining and
recording information.”
South Carolina
S.C. Code of
Regulations R. 61-
4.1208
A controlled substance in Schedule V, which is not a
prescription drug as determined under the Act, may be
dispensed by a pharmacist without a prescription to a
purchaser at retail, provided that:
* * *
(c) The purchaser is at least 18 years of age;
(d) The pharmacist requires every purchaser of a controlled
substance listed in Schedule V not known to him or her to
furnish suitable identification (including proof of age where
appropriate).”
South Dakota
© 2016 Research is current as of March 15, 2016. In order to ensure that the information contained herein is as current as possible, research
is conducted using nationwide legal database software and individual state legislative websites. Please contact Jon Woodruff at (703) 836-
6100, ext. 100 or [email protected] with any additional updates or information that may be relevant to this document. This document
is intended for educational purposes only and does not constitute legal advice or opinion. Headquarters Office: THE NATIONAL
ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street, Charlottesville, VA 22902.
23
State
Statute or
Regulation
Identification Required
Tennessee
T. C. A. § 53-11-310
(a)-(b)
“(a) Prior to an authorized dispenser dispensing a
prescription for any Schedule II-IV opioid, benzodiazepine,
zolpidem, barbiturate, or carisoprodol medication for
greater than a seven-day supply, a pharmacist, pharmacy
technician, pharmacy intern, or any other person authorized
to dispense controlled substances shall require the person
taking possession of the dispensed prescription to present a
valid government issued identification or public or private
insurance card, unless the person is personally known to the
pharmacist, pharmacy technician, pharmacy intern or any
other person authorized to dispense controlled substances.
The identification requirements described in subsection (a)
shall apply to all authorized dispensers who dispense
Schedule II-IV opioid, benzodiazepine, zolpidem,
barbiturate, and carisoprodol medications for greater than a
seven-day supply.
(b) Should any person who is a minor or who is homeless
seek to take possession of a dispensed prescription for a
Schedule II-IV opioid, benzodiazepine, zolpidem,
barbiturate, or carisoprodol medication not have a valid
identification, the pharmacist, pharmacy technician,
pharmacy intern or any other person authorized to dispense
controlled substances shall use professional judgment in
determining whether to dispense the prescription to the
person.”
Texas
V.T.C.A., Health &
Safety Code
§ 481.074
(continued below)
(a) A pharmacist may not:
* * *
(5) permit the delivery of a controlled substance to any
person not known to the pharmacist, the pharmacist intern,
or the person authorized by the pharmacist to deliver the
controlled substance without first requiring identification of
the person taking possession of the controlled substance,
except as provided by Subsection (n).
* * *
© 2016 Research is current as of March 15, 2016. In order to ensure that the information contained herein is as current as possible, research
is conducted using nationwide legal database software and individual state legislative websites. Please contact Jon Woodruff at (703) 836-
6100, ext. 100 or [email protected] with any additional updates or information that may be relevant to this document. This document
is intended for educational purposes only and does not constitute legal advice or opinion. Headquarters Office: THE NATIONAL
ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street, Charlottesville, VA 22902.
24
State
Statute or
Regulation
Identification Required
Texas
(continued)
V.T.C.A., Health &
Safety Code
§ 481.074
(n) A pharmacist may permit the delivery of a controlled
substance to a person not known to the pharmacist, a
pharmacist intern, or the authorized delivery person without
first requiring the identification of the person to whom the
controlled substance is delivered if the pharmacist
determines that an emergency exists and that the controlled
substance is needed for the immediate well-being of the
patient for whom the controlled substance is prescribed. If a
pharmacist permits delivery of a controlled substance under
this subsection, the pharmacist shall retain in the records of
the pharmacy for a period of not less than two years all
information relevant to the delivery known to the
pharmacist, including the name, address, and date of birth or
age of the person to whom the controlled substance is
delivered.
Utah
U.C.A. 1953
§ 58-37f-203(3)
The pharmacist described in Subsection (2) shall, for each
controlled substance dispensed by a pharmacist under the
pharmacists supervision other than those dispensed for an
inpatient at a health care facility, submit to the division the
following information:
* * *
(e) positive identification of the individual receiving the
prescription, including the type of identification and any
identifying numbers on the identification.”
Vermont
18 V.S.A. § 4215b
(continued below)
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.”
© 2016 Research is current as of March 15, 2016. In order to ensure that the information contained herein is as current as possible, research
is conducted using nationwide legal database software and individual state legislative websites. Please contact Jon Woodruff at (703) 836-
6100, ext. 100 or [email protected] with any additional updates or information that may be relevant to this document. This document
is intended for educational purposes only and does not constitute legal advice or opinion. Headquarters Office: THE NATIONAL
ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street, Charlottesville, VA 22902.
25
State
Statute or
Regulation
Identification Required
Vermont
(continued)
18 V.S.A. § 4215b
If the individual does not have valid, current government-
issued photographic identification, the pharmacist may
request alternative evidence of the individuals identity, as
appropriate.
Virginia
Va. Code Ann.
§ 54.1-3420.1
“A. Before dispensing any drug listed on Schedules III
through V, a pharmacist may require proof of identity from
any patient presenting a prescription or requesting a refill of
a prescription.
B. A pharmacist, or his agent, shall require proof of identity
at the time of delivery from any person seeking to take
delivery of any drug listed on Schedule II pursuant to a
valid prescription, unless such person is known to the
pharmacist or to his agent. If the person seeking to take
delivery of a drug listed on Schedule II pursuant to a valid
prescription is not the patient for whom the drug is
prescribed, and the person is not known to the pharmacist or
his agent, the pharmacist or his agent shall either make a
photocopy or electronic copy of such person’s identification
or record the full name and address of such person. The
pharmacist shall keep records of the names and addresses or
copies of proof of identity of persons taking delivery of
drugs as required by this subsection for a period of at least
one month. For the purposes of this subsection, ‘proof of
identity’ means a driver’s license, government-issued
identification card, or other photo identification along with
documentation of the person’s current address.”
Washington
WAC 246-470-
030(3)
“Submitting data. A dispenser shall submit data to the
department electronically, not later than one week from the
date of dispensing, and in the format required by the
department.
(a) A dispenser shall submit for each dispensing the
following information and any additional information
required by the department:
* * *
(xv) When practicable, the name of person picking up or
dropping off the prescription, as verified by valid
photographic identification.
© 2016 Research is current as of March 15, 2016. In order to ensure that the information contained herein is as current as possible, research
is conducted using nationwide legal database software and individual state legislative websites. Please contact Jon Woodruff at (703) 836-
6100, ext. 100 or [email protected] with any additional updates or information that may be relevant to this document. This document
is intended for educational purposes only and does not constitute legal advice or opinion. Headquarters Office: THE NATIONAL
ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street, Charlottesville, VA 22902.
26
State
Statute or
Regulation
Identification Required
Washington
WAC 246-919-
854(2)
After [a pain management] treatment begins the physician
should adjust drug therapy to the individual health needs of
the patient. The physician shall include indications for
medication use on the prescription and require photo
identification of the person picking up the prescription in
order to fill. The physician shall advise the patient that it is
the patients responsibility to safeguard all medications and
keep them in a secure location.
West Virginia
W. Va. Code St. R.
§ 15-1-14(14.7.5)
Completed prescription orders shall be bagged and kept in
the pharmacy and cannot be removed from the pharmacy
unless the pharmacist is present and the removal is for the
immediate delivery to the patient, person picking up the
prescription for the patient, or person delivering the
prescription to the patient at his or her residence or similar
place. If the person other than the patient is unknown to the
pharmacist then his or her identity shall be established by
photo identification card.”
West Virginia
W. Va. Code,
§ 60A-9-4a
Prior to releasing a Schedule II, III, or IV controlled
substance sold at retail, a pharmacist or pharmacy shall
verify the full legal name, address and birth date of the
person picking up the controlled substance dispensed by
requiring the presentation of a valid government-issued
photo identification card. This information shall be reported
in accordance with the provisions of this article.
West Virginia
W. Va. Code
§§ 60A-2-212, 60A-
10-4, 60A-10-5.
A person purchasing any product containing as its single
active ingredient ephedrine, pseudoephedrine, or
phenylpropanolamine (Schedule V substances) at retail
must be at least age 18 and must show identification
documenting their date of birth. This does not apply to
products which are for pediatric use primarily intended for
administration to children under the age of 12.
© 2016 Research is current as of March 15, 2016. In order to ensure that the information contained herein is as current as possible, research
is conducted using nationwide legal database software and individual state legislative websites. Please contact Jon Woodruff at (703) 836-
6100, ext. 100 or [email protected] with any additional updates or information that may be relevant to this document. This document
is intended for educational purposes only and does not constitute legal advice or opinion. Headquarters Office: THE NATIONAL
ALLIANCE FOR MODEL STATE DRUG LAWS, 420 Park Street, Charlottesville, VA 22902.
27
State
Statute or
Regulation
Identification Required
Wisconsin
W.S.A. 450.11(1b)
(b) Except as provided under par. (e), a controlled
substance included in schedule II or III of ch. 961 may not
be dispensed, and may not be delivered to a representative
of the ultimate user, without an identification card
belonging to the person to whom the drug is being
dispensed or delivered.
* * *
(e) No identification card is required under par. (b) if any of
the following applies:
1. The drug is administered or dispensed directly to the
ultimate user by a practitioner.
2. The pharmacist or other person dispensing or delivering
the drug has personal knowledge of the person to whom the
drug is dispensed or delivered and that the person is the
ultimate user or the ultimate user’s authorized
representative.
3. The drug is delivered to a health care facility to be
administered in the health care facility.”
Wisconsin
Wis. Stat. Ann.
§§ 961.01, 961.22,
961.23, 961.235,
961.41, 961.43,
961.452, 961.253
Pseudoephedrine is a Schedule V substance that may only
be sold at a retail establishment by a registered pharmacist
or by a person who is working under the direction of a
registered pharmacist. A prospective purchaser must be at
least age 18 and present an identification card containing
the person’s photograph.
Wyoming
WY Rules and
Regulations AI
PDSC Ch. 6 s 7(a)
The pharmacist or employee under supervision must verify
the identity of the person presenting a controlled substance
prescription to the pharmacy for dispensing. This may be
done by visual recognition. If identity is not established by
visual recognition, a drivers license or similar photo
identification form is considered acceptable documentation.
The following information must be recorded on the reverse
of the prescription, if identification is utilized: name, type of
identification, and identification number.