Talk:Sua sponte

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  sua sponte:

In United States v. Rosen, 582 F. 2d 1032, ( 5th. Cir.,1978 ), a case that involved the conviction of a physician for dispensing controlled substances for other than a legitimate purpose, a constellation of nine obvious signals purported to indicate that a physician was illegally prescribing controlled substances.

None of these indicators equated to any legal interpretation that it was unlawful to write multiple prescriptions for a legitimate medical purpose on the same day - with instructions to fill them on different dates.

The DEA did not quote from Rosen to demonstrate that the court made any such legal interpretation as to prescribing methods.The DEA then referenced these indicators in crafting it`s own interpretation as to what ostensibly constituted prohibited prescription refilling "sua sponte" and not in keeping within the bounds of what truly constituted a prohibited prescription, under 21 U.S.C. 829(a) or it`s implementing regulation, 21 C.F.R. 1306.12. Thus, this was merely an opinion issuing from the DEA alone.