Prescription (law)

“ For the law allows prescription only in supply of the loss of a grant, and therefore every prescription presupposes a grant to have existed. Thus a lord of a manor cannot prescribe to raise a tax or toll upon strangers ”

“ Negative prescription is the loss or forfeiture of a right, by the proprietor's neglecting to exercise or prosecute it during the whole period which the law hath declared to be sufficient to infer the loss of it. ”

“ Exceptions were taken by the defendant to the rulings and decision of the court upon three grounds, as follows: (1.) Because the bringing of the first suit did not interrupt the prescription established by the laws of the State. (2.) Because the civil war did not interrupt the prescription under the rule established by the decisions of the Supreme Court of the State. (3.) Because the courts of the United States are bound to follow the decisions of the Supreme Court of the State in respect to the law of prescription, as applied to such causes of action. ”

“ Even if a physician writes a prescription wrongly it is expected that the druggist will know enough to detect the error, and whether he does so or not he still compounds it at his peril. For one man’s negligence or omission of duty is no palliation of another’s, and under the doctrine of joint liability the apothecary or druggist who compounds, knowingly or not, a noxious prescription, commits a joint tort with the physician who writes it (469) . ”

“ Prescription in a due estate lies at common law by reason of continuous and immemorial enjoyment by the claimant, a person seised in fee, and all those whose estate he had (toux ceux que estate il ad) . The Prescription Act fixes a definite period and does away with the necessity which existed at common law of prescribing in the name of the person seised in fee. Prescription in a man and his ancestors is not of ordinary occurrence in practice. Corporations, however, occasionally claim by a prescription analogous to this, viz. ”

“ Prescriptions may be filled but once, and no copy may be given, except to an officer of the law, and the drug must be delivered in a container labeled with the serial number of the prescription, with the date when filled and the name of the person for whose use the medicine is intended, the name of the physician, and the name and address of the dispenser. ”

“ The period, as he reckoned it, would prove to be long enough to satisfy the law as to prescription; it was very unlikely that any document existed—or anyhow could be found—which would serve to explain away the presumption which uses such as this gave. ”

“ In the courts of England and America, that defense is governed by the law of the forum, as being a matter of mere procedure; while in continental Europe, the defense of prescription is regarded as going to the substance of the contract, and therefore is governed by the law of the seat of the obligation. ”

“ An act relating to pharmacy; requiring the removal of specified drugs from the negative formulary for generic and brand-name drugs established in s. 465.025 (6) , F.S.; providing that the act does not amend existing law relating to a physician's authority to prohibit generic drug substitution by writing "medically necessary" on the prescription; providing an effective date. ”

“ In addition, such physicians have been accepting the statements of laymen, not only as to the composition of the nostrums, but as to their use. In every state the practice of pharmacy is regulated by law: before assuming the responsibility of compounding medicines a druggist must have studied and passed an examination in pharmacy. Public safety demands and the law requires it. There are some doctors, however, who will allow laymen who are not chemists, pharmacists or physicians to formulate and compound a prescription and tell them what it is good for and how to use it. ”

“ If a person under disability has been without an agent by law within six months prior to the maturity of the period of extinctive prescription, the prescription shall not become complete against him for a period of six months from the time when he becomes a person of full capacity or when an agent by law assumes office. ”

“ But accompanying this medicine was a prescription of the proprietor stating the quantity to be taken, and the evidence tended to show that the quantity thus prescribed contained iodide of potash to such an extent as, when taken by the plaintiff, produced the injury and damage complained of. The liability of the plaintiff in error to the person injured arises, not by contract, but for a wrong committed by the proprietor in the prescription and direction as to the dose that should be taken. ”

“ Let me now give an example to show the practical importance, for the decision of actual cases, of understanding the reasons of the law, by taking an example from rules which, so far as I know, never have been explained or theorized about in any adequate way. I refer to statutes of limitation and the law of prescription. The end of such rules is obvious, but what is the justification for depriving a man of his rights, a pure evil as far as it goes, in consequence of the lapse of time? ”

“ And by the same Act, for the further protection, security, and benefit of George the Third’s subjects it was declared, that if any one using the art or mystery of an apothecary, should deliberately or negligently, unfaithfully, fraudulently or unduly make, mix, prepare or sell any medicines, as directed by any prescription signed by any |177| licensed physician, such apothecary shall, on conviction before a Justice of the Peace, unless good cause be shown to the contrary, forfeit for the first offence £5, for second, £10, and for third he shall forfeit his certificate. ”

“ Requests to dispense incompatible or over-dosage prescriptions and prescriptions may be dispensed only after the prescribing physician makes corrections or re-signs the order.
⁠Drug distributors shall indicate the origin of the Chinese medicinal materials to be sold.
⁠Legally qualified pharmacists or other pharmaceutical professionals shall be responsible for the drug management, prescription examination and dispensing, and guidance of rational use of drugs. ”

“ Such term does not include a wholesale distributor of drugs or a retail pharmacy licensed under State law. “ (6) NEGOTIATED PRICE.—The term ‘negotiated price’ has the meaning given such term in section 423.100 of title 42, Code of Federal Regulations (or any successor regulation) , except that, with respect to an applicable drug, such negotiated price shall not include any dispensing fee for the applicable drug. “ (7) QUALIFIED RETIREE PRESCRIPTION DRUG PLAN.—The term ‘qualified retiree prescription drug plan’ has the meaning given such term in section 1860D–22 (a) (2) .”. ”

“ Between nations, therefore, it becomes necessary to admit prescription founded on length of time as a valid and incontestable title.' Book 2, c. 11, § 149. nd Wheaton, in his International Law, says: 'The writers on national law have questioned how far that peculiar species of presumption arising from the lapse of time, which is called 'prescription,' is justly applicable as between nation and nation ”

“ We are not studying etymology, but law. There are always two things to be asked: first, what are the facts which make up the group in question; and then, what are the consequences attached by the law to that group. The former generally offers the only difficulties.
Hence, it is almost tautologous to say that the protection which the law attaches by way of consequence to possession, is as truly a right in a legal sense as those consequences which are attached to adverse holding for the period of prescription, or to a promise for value or under seal. ”

“ Conforming Amendments.— (1) Section 422 (b) (2) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173) , as amended by section 1501 (c) , is amended by striking `` (7) and ́ ́ and inserting `` (4) (H) (vi) , (7) , and ́ ́. ”

“ Customs may be pleaded by prescription; but if, upon showing the custom, anything unreasonable appears in it, the prescription fails; for length of time works nothing towards the establishing anything that could never have a legal commencement. ”

“ They are equally unanimous in prescribing the remedy, by which this happy effect is to be produced. The prescription is no sooner made known, however, than a number of persons interpose, and, without denying the reality or danger of the disorder, assure the patient that the prescription will be poison to his constitution, and forbid him, under pain of certain death, to make use of it. Might not the patient reasonably demand, before he ventured to follow this advice, that the authors of it should at least agree among themselves on some other remedy to be substituted? ”

“ Such claims by either a person or a corporation are not within the Prescription Act, which applies only where there are dominant and servient tenements. By 32 Hen. VIII. c. 2 (1540) no person can make any prescription by the seisin or possession of his ancestor unless such seisen or possession had been within threescore years next before such prescription made. (5) A prescription cannot lie for a thing which cannot be granted, as it rests upon the presumption of a lost grant. ”

“ Every physician given a license to practice must take an oath that he shall faithfully fulfil all the requirements of the law, and in addition, whenever it comes to his knowledge that any apothecary has for sale drugs that are of less than normal strength, he shall report him to the court, and besides he shall give his advice to the poor without asking for any compensation. ”

“ Do the acts charged in this indictment constitute an offense within the meaning of the statute. As we have seen, the statute contains an exception to the effect that it shall not apply to the dispensing or distribution of such drugs to a patient by a registered physician in the course of his professional practice only, nor to the sale, dispensing, or distribution of the drugs by a dealer to a consumer under a written prescription by a registered physician. The rule applicable to such statutes is that it is enough to charge facts sufficient to show that the accused is not within the exception. ”

“ EXCEPTIONS- The Secretary may establish exceptions that permit a PDP sponsor offering a prescription drug plan to exclude from its formulary a particular covered part D drug in a category or class that is otherwise required to be included in the formulary under subclause (I) (or to otherwise limit access to such a drug, including through prior authorization or utilization management) . ”

“ The Centers for Medicare and Medicaid Services shall establish a process for determining the units and the allocated price for purposes of this section for those branded prescription drugs that are not separately payable or for which National Drug Codes are not reported. ”

“ When the use of the light has once commenced, the period of prescription will continue to run until some action be brought in which the right is disputed, or until there be some interruption which is permitted or acquiesced in by the person seeking to acquire the prescription, for a year after he had notice of such interruption and of the person making or authorizing it. ”

“ It therefore, will be seen that without violating laws, the validity of which is conceded, the owner of a drug store, whether a registered pharmacist or not, cannot purchase or dispense impure or inferior medicines; he cannot, unless he be a licensed physician, prescribe for the sick; he cannot unless be he a registered pharmacist, have charge of a drug store or compound a prescription. Thus, it would seem, every point at which the public health is likely to be injuriously affected by the act of the owner in buying, compounding, or selling drugs and medicines is amply safeguarded. ”

“ An act touching the sale of spirituous liquors or prescriptions by druggists, provides that no druggist shall sell more than at one time on the same prescription; nor shall the druggist or apothecary give any prescriptions for the sale of spirituous liquors to any person, unless such druggist or apothecary shall be a practicing physician, or in actual attendance on such patient. ”

“ In reference to the patronage on the part of Physicians of particular apothecaries, we are of opinion, as a general rule, that Graduates in Pharmacy should be encouraged in preference to others of the same date of business, and whilst admitting the abstract right of the physician to send his prescription where he pleases, we think that justice should dictate the propriety of his encouraging the nearest apothecary deserving of his confidence and that of the patient. ”

“ The term `filling new prescriptions for controlled substances in schedule III, IV, or V' means filling a prescription for an individual for a controlled substance in schedule III, IV, or V, if-- ` (A) the pharmacy dispensing that prescription has previously dispensed to the patient a controlled substance other than by means of the Internet and pursuant to the valid prescription of a practitioner that meets the applicable requirements of subsections (b) and (c) of section 309 (in this paragraph referred to as the `original prescription') ”

“ With some 500 inhabitants in our settlement with quite a number of cases, some of them very serious, there has never been a physician called to prescribe one single prescription to any of these people, and I have an idea that if we were to look at them to-day we would find them equally healthy with those of the adjacent town where there are several physicians with two drug stores to draw their supplies from. ”