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On Fri, 22 Feb 2008 11:08:42 GMT, Jay Maynard
wrote: On 2008-02-22, Sam Spade wrote: Federal regulation pertaining to U.S. certificated Part 121 air carriers trumps any prescription laws. Uh, no. A federal regulation does not trump a federal law. The law requiring things to be dispensed only on the order of a physician is a federal law. Now, it is possible that the law that authorizes the FAA also creates an exemption to the Food & Drug Act (or whatever it's called), but the FAA itself cannot override a law. The regulation requiring airliners to carry a medical kit which includes certain prescription drugs is not in conflict with the Food & Drug act. 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. Two is the process under which the epinephrine gets used. There are a variety of personnel authorized to administer regulated drugs without having a prescription. Physicians are certainly on that list. Ron (EPM) (N5843Q, Mooney M20E) (CP, ASEL, ASES, IA) |
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