On Fri, 22 Feb 2008 13:52:42 GMT, Jay Maynard
wrote:

On 2008-02-22, Ron Rosenfeld wrote:
The regulation requiring airliners to carry a medical kit which includes
certain prescription drugs is not in conflict with the Food & Drug act.

Not if the airline follows the Food & Drug Act and has a prescription or
other order from a docttor to have it. The regulation cannot override or
waive the law.



You're discussing two different issues.
One is whether or not the epinephrine can be legally carried in the medical
kit of a certificated airliner. It can be, and is.

If a doctor orders it. It's not difficult to obtain such an order, but
without it, they can't do it legally. The law says that the medication may
not be dispensed without the order of a physician. Dispensed does not mean
"used or administered", it means "sold or delivered by a pharmacy or drug
distributor or manufacturer".

I agree that the regulation cannot waive the law, but I don't believe that
these emergency kits violate any law. If there is some legal requirement
for a physician to have a role in the stocking of the kit, I'd guess that
requirement would be met by running the paper through the airline medical
department.

My understanding is that the kit (the one with the restricted stuff in it)
is for use only by medical professionals. At least that's what I've read
in medical literature.
Ron (EPM) (N5843Q, Mooney M20E) (CP, ASEL, ASES, IA)