Administering and Dispensing Q&A
Answer: Yes, if the patient executes a POA as described below. However, this option is limited to those controlled substances that either must (pursuant to FDA requirements) or should (for quality control or other reasons) be delivered directly to the administering practitioner for administration in a healthcare setting.
If a patient is issued a prescription for a controlled substance that fits these criteria, the patient may execute a POA, consistent with state law, that designates the administering practitioner as the patient’s agent for the limited purpose of accepting delivery of the patient’s prescribed medication from the dispensing pharmacy. The practitioner, as the patient’s agent, cannot legally take any actions involving the dispensed medication that a patient cannot take. Nor can the practitioner take any actions other than those specifically authorized by the patient in the POA.
Once dispensed to a patient, a prescribed controlled substance has left the closed system of distribution established by the CSA and generally may not re-enter the closed system. Under this POA option, the practitioner receives the dispensed controlled substance as the patient’s agent, not as a DEA registrant. Furthermore, if the dispensed controlled substance becomes waste or is unwanted, it cannot be returned to a DEA registrant but must be disposed of by the ultimate user through a mail-back package or collection receptacle. See 21 CFR 1317.30(b)(1), 1317.70, 1317.75.
This guidance is limited to prescriptions for controlled substances that either must (pursuant to FDA requirements) or should (for quality control or other reasons) be delivered directly to the administering practitioner for administration in a healthcare setting. This guidance does not impose any requirements regarding the content or structure of the POA between the patient and the administering practitioner, other than the POA be compliant with state law.
Both practitioners and pharmacies retain their continuing responsibility to ensure proper prescribing and dispensing of controlled substances under 21 CFR 1306.04(a). A valid POA relating to the delivery of a prescription does not alter this obligation. Additionally, all activities must be carried out in compliance with applicable state law and regulations.
If a practitioner issues a prescription for a controlled substance that will be delivered to an administering practitioner pursuant to a POA:
- The prescription should be for a dose of the controlled substance for direct administration to a named patient, not a take-home supply for that patient and not for the practitioner’s office stock. See 21 CFR 1306.04(b).
- The administering practitioner must keep the dispensed medications separate from any controlled substances held under the practitioner’s DEA registration.
- The prescribing practitioner must adhere to 21 CFR 1306.04(a), which requires that a prescription must be written for a legitimate medical purpose by an individual practitioner acting in the usual course of his/her professional practice. Prescriptions must contain the required information as set forth in 21 CFR 1306.05(a) or, if the prescription is electronic, the information set forth in 21 CFR 1311.120(b)(9).
- Practitioners are responsible for providing effective controls and procedures to guard against theft and diversion of controlled substances. 21 CFR 1301.71(a).
- The controlled substance can be administered only to the patient named on the prescription. See 21 CFR 1306.05(a).
- The administering practitioner named in the POA should consider maintaining a copy of the POA for a minimum of two years after the last delivery or administration under the POA, or longer if required by applicable law.
If a pharmacy fills a controlled substance prescription for delivery to the administering practitioner pursuant to the POA option discussed in this guidance:
- The pharmacy must comply with all requirements applicable to dispensing under the CSA and DEA regulations. These include, but are not limited to, maintaining records that indicate that the controlled substance was delivered to the practitioner. Such records should indicate the practitioner’s name and the address of the location to which it was delivered. See 21 CFR 1306.05(a).
- The controlled substance is delivered by the pharmacy to the prescribing practitioner or the practitioner administering the controlled substance, as applicable, at the address specified in the POA.
- The pharmacy should take steps to assure the existence and validity of any purported POA prior to dispensing a controlled substance to the prescribing and/or administering practitioner. This does not negate the pharmacy’s obligation to ensure that they are first dispensing a valid prescription. Moreover, failure on the pharmacy’s part to adequately verify the POA may risk diversion and expose the pharmacy to potential violations of state and federal law.
- The pharmacy should also consider maintaining a copy of the POA for a minimum of two years after the last delivery or administration under the POA, or longer if required by applicable law.
Nothing in this guidance changes, limits, or adds POA requirements to deliveries already authorized under 21 U.S.C. 829a .
The POA pathway described in this guidance document is an additional option. It is not a preferred or exclusive pathway.
As guidance, this information is non-binding. No patient or DEA registrant is required to implement a POA program. Dispensing registrants can continue to deliver dispensed controlled substances directly to the patient or a member of the patient’s household. DEA intends this to be a helpful alternative that allows for the safe and secure handling of controlled substance medications that is consistent with applicable FDA requirements, the CSA, and state law.
The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or Department of Justice policies.
EO-DEA315, October 14, 2026
Answer: Yes. One of the conditions imposed by the statute authorizing the delivery of opioids for maintenance or detoxification treatment of an opioid use disorder is that the controlled medication be delivered to the location that is listed on the practitioner’s certificate of registration. 21 U.S.C. 829a(a)(1). Thus, unless the practitioner is registered at a particular location, there is no authorization for delivery of the controlled medication to that location. Moreover, the CSA requires a separate registration "at each principal place of business or professional practice where the [registrant] . . . dispenses controlled substances." 21 U.S.C. 822(e)(1); see also 21 CFR 1301.12(a). The term "dispense," as defined in 21 U.S.C. 802(10), means to "deliver a controlled substance to an ultimate user or research subject by, or pursuant to the lawful order of, a practitioner, including the prescribing and administering of a controlled substance." EO-DEA285, DEA-DC82, February 21, 2024
Answer: Yes, with a limit. DEA will permit a physician who is registered with DEA to dispense controlled substances at a particular location in a state to travel to other unregistered locations in the same state to dispense controlled substances on an "as-needed and random basis," so long as the physician does not maintain a principal place of professional practice at any of those unregistered locations. See Jeffery J. Becker, D.D.S., 77 FR 72387, 72388 (Dec. 05, 2012); see also 21 U.S.C. 822(e)(1), 21 CFR 1301.12(b)(3). If a physician intends to dispense controlled substances from a particular location several times a week or month, he must first file a separate registration for the location. See Moore Clinical Trials, L.L.C., 79 FR 40145-02, 40155 (July 11, 2014) citing United States v. Clinical Leasing Serv., Inc., 930 F.2d 394, 395 (5th Cir. 1991). Registrants should keep themselves apprised of state and local laws otherwise consistent with DEA regulations regarding the dispensing of controlled substances in a patient's home residence. EO-DEA212, DEA-DC-047, October 8, 2020
Disclaimer: Guidance documents, like this document, are not binding and lack the force and effect of law, unless expressly authorized by statute or expressly incorporated into a contract, grant, or cooperative agreement. Consistent with Executive Order 13891 and the Office of Management and Budget implementing memoranda, the Department will not cite, use, or rely on any guidance document that is not accessible through the Department's guidance portal, or similar guidance portals for other Executive Branch departments and agencies, except to establish historical facts. To the extent any guidance document sets out voluntary standards (e.g., recommended practices), compliance with those standards is voluntary, and noncompliance will not result in enforcement action. Guidance documents may be rescinded or modified in the Department's complete discretion, consistent with applicable laws.
