{"id":"AGY-FED-HEALTH-OTHER-019","kind":"order","level":"federal","jurisdiction":"United States (federal); Drug Enforcement Administration, Diversion Control Division","state":"","metro":"","industry":"","agency":"FED-HEALTH-OTHER","eco":"","issuer":"William T. McDermott, Assistant Administrator, Diversion Control Division, DEA","authority":"21 C.F.R. 1307.03; exception to 21 C.F.R. 1307.11(a)(1)(iv) (five percent rule)","instrument":"DEA-DC-029 (DEA085), letter granting a temporary exception to the five percent rule for practitioners distributing controlled substances to other registrants during the COVID-19 emergency","title":"DEA 5 percent practitioner exception (final)","dateIssued":"2020-04-13","effective":"2020-04-13","end":"For the duration of the public health emergency","startDate":"2020-04-13","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["SUPPLY","HC","OTHER"],"addressees":["DEA-registered practitioners (including hospitals and pharmacies)"],"clause":"Under normal circumstances, DEA would not consider issuing a general exception to the five percent rule as it is essential to the diversion control regime of the CSA to generally limit activities involving controlled substances to those authorized by a person\u0027s registration.... pursuant to 21 CFR 1307.03, DEA hereby grants the following temporary exception to 21 CFR 1307.11(a)(1)(iv).","enforcement":"Distribution without a distributor registration otherwise unlawful under 21 U.S.C. 841(a) and 842","functions":["SC supply chain (hospital-to-hospital transfers)","IP inpatient surge","WH pharmacy inventory"],"notes":"Permitted hospitals and pharmacies to redistribute sedatives and other shortage drugs to one another during ICU surges.","sourceUrl":"https://www.deadiversion.usdoj.gov/GDP/(DEA-DC-029)(DEA085)_DEA_5_percent_practitioner_exception_(final).pdf","snapshot":"https://web.archive.org/web/20200419025707/https://www.deadiversion.usdoj.gov/GDP/(DEA-DC-029)(DEA085)_DEA_5_percent_practitioner_exception_(final).pdf","fileExists":true,"fileBytes":187146,"grade":"primary","character":"","description":"","collection":"AGY-FED-HEALTH-OTHER","url":"/library/AGY-FED-HEALTH-OTHER-019","exhibitUrl":"/exhibit/AGY-FED-HEALTH-OTHER-019","citation":"William T. McDermott, Assistant Administrator, Diversion Control Division, DEA, DEA-DC-029 (DEA085), letter granting a temporary exception to the five percent rule for practitioners distributing controlled substances to other registrants during the COVID-19 emergency (Apr. 13, 2020) (Ex. AGY-FED-HEALTH-OTHER-019)","stateName":"","related":["AGY-FED-HEALTH-OTHER-017","AGY-FED-HEALTH-OTHER-018"]}