Time to medical help

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)

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".
--
Jay Maynard, K5ZC http://www.conmicro.com
http://jmaynard.livejournal.com http://www.tronguy.net
http://www.hercules-390.org (Yes, that's me!)
Buy Hercules stuff at http://www.cafepress.com/hercules-390

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)

On 2008-02-22, Ron Rosenfeld wrote:
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.

I didn't say the kits violated the law. I just said that they needed a
doctor's order to obtain. I'm certain the airline has such an order from a
doctor in its inhouse medical department, or other physician. That's all
I've been saying.
--
Jay Maynard, K5ZC http://www.conmicro.com
http://jmaynard.livejournal.com http://www.tronguy.net
http://www.hercules-390.org (Yes, that's me!)
Buy Hercules stuff at http://www.cafepress.com/hercules-390

Sam Spade writes:

Federal regulation pertaining to U.S. certificated Part 121 air carriers
trumps any prescription laws.

No, it does not.

Ron Rosenfeld writes:

One is whether or not the epinephrine can be legally carried in the medical
kit of a certificated airliner. It can be, and is.

It is legal to carry and possess prescription drugs in certain contexts, but
that is distinct from the authority to dispense or administer them.

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.

Where can I find this list?

Jay Maynard writes:

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".

Not true. Drug manufacturers deliver drugs all the time to pharmacies and
they do this without prescriptions.

Hilton writes:

Not for the single passenger.

That's a problem for the single passenger, not the rest of the flight.

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 FAA didn't pull 121.803 out of their butt. Congress provided them
with stautory authority in some manner.

Mxsmanic wrote:

Sam Spade writes:


Federal regulation pertaining to U.S. certificated Part 121 air carriers
trumps any prescription laws.


No, it does not.

Thanks Captain, I knew you would set me straight from your MicroSoft
Simulator perch.