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On Feb 20, 8:08*am, Mxsmanic wrote:
Robert M. Gary writes: Have her bring an Epipen. In fact they may have them onboard. Our Boy Scout Troop has several (we have several Drs in the Troop so they provided them). Federal law prohibits the dispensing of Epipen without a prescription. So are you saying the Epipens that several of the dads in the troop who are medical doctors put in the kit are fake? I'm not following what you are saying. Are you saying that all the emergency drugs in an ambulance are available without a Dr's concent? -Robert |
#2
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On 2008-02-20, Robert M. Gary wrote:
Are you saying that all the emergency drugs in an ambulance are available without a Dr's concent? When I was a volunteer paramedic, all of the drugs on our ambulance had prescriptions on file from our medical director. I wouldn't be surprised if the airlines had similar arrangements. -- 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 |
#3
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Jay Maynard wrote:
On 2008-02-20, Robert M. Gary wrote: Are you saying that all the emergency drugs in an ambulance are available without a Dr's concent? When I was a volunteer paramedic, all of the drugs on our ambulance had prescriptions on file from our medical director. I wouldn't be surprised if the airlines had similar arrangements. Not to mention, most major airlines today have instant medical consultation available to the flight crew, via satellite link. Happy Flying! Scott Skylane |
#4
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Jay Maynard wrote:
On 2008-02-20, Robert M. Gary wrote: Are you saying that all the emergency drugs in an ambulance are available without a Dr's concent? When I was a volunteer paramedic, all of the drugs on our ambulance had prescriptions on file from our medical director. I wouldn't be surprised if the airlines had similar arrangements. No, airline personnel aren't nearly as well trained as paramedics. Some of the stuff can be used only if an MD can be found on the flight. |
#5
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Robert M. Gary writes:
So are you saying the Epipens that several of the dads in the troop who are medical doctors put in the kit are fake? I'm saying that each needs a prescription for use. Epipens contain controlled substances. They can only be used subsequent to a valid prescription. You cannot just carry them around for self-service any more than you can carry Fentanyl around. |
#6
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Mxsmanic wrote:
Robert M. Gary writes: So are you saying the Epipens that several of the dads in the troop who are medical doctors put in the kit are fake? I'm saying that each needs a prescription for use. Epipens contain controlled substances. They can only be used subsequent to a valid prescription. You cannot just carry them around for self-service any more than you can carry Fentanyl around. You just simply don't know what you are talking about. Federal regulation pertaining to U.S. certificated Part 121 air carriers trumps any prescription laws. § 121.803 Emergency medical equipment. And, in particular, Appendix A to 121.803. |
#7
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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. -- 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 |
#8
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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) |
#9
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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 |
#10
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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) |
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