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Ex. AGY-FED-HEALTH-OTHER-019 Order Primary source read

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

DEA 5 percent practitioner exception (final)

William T. McDermott, Assistant Administrator, Diversion Control Division, DEA · United States (federal); Drug Enforcement Administration, Diversion Control Division (Federal)

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The record

Jurisdiction
United States (federal); Drug Enforcement Administration, Diversion Control Division
Level
Federal
Authority
21 C.F.R. 1307.03; exception to 21 C.F.R. 1307.11(a)(1)(iv) (five percent rule)
Issued
2020-04-13 Apr. 13, 2020
Effective
2020-04-13
End
For the duration of the public health emergency (read as 2021-09-30)
In force
Apr. 13, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Health care ordersSupply chainOther
Addressees
  • DEA-registered practitioners (including hospitals and pharmacies)
Functions reached
  • SC supply chain (hospital-to-hospital transfers)
  • IP inpatient surge
  • WH pharmacy inventory
Collection
Other federal health agencies AGY-FED-HEALTH-OTHER

Operative words

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's 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

Notes

Permitted hospitals and pharmacies to redistribute sedatives and other shortage drugs to one another during ICU surges.