NC Controlled Substances Act 90-106 The preprinting of or use of preprinted prescription blanks with the name of scheduled substances is prohibited. If it has a code on it, you may dispense up to a 90 day supply with 1 refill: Code A: Panic Disorders, Code B: ADHD, Code C: Seizure/convulsive disorders, Code D: Pain, Code E: Narcolepsy. endstream endobj 84 0 obj <>stream (f) A prescription may be prepared by the secretary or agent for the signature of a practitioner, but the prescribing practitioner is responsible in case the prescription does not conform in all essential respects to the law and regulations. (d) If the content of any of the information required under 1306.05 for a controlled substance prescription is altered during the transmission, the prescription is deemed to be invalid and the pharmacy may not dispense the controlled substance. 90-day supply required : 090 : The prescription is written for less than a 90-day supply. This auxiliary procedure must ensure that refills are authorized by the original prescription order, that the maximum number of refills has not been exceeded, and that all of the appropriate data are retained for online data entry as soon as the computer system is available for use again. 1306.24 Labeling of substances and filling of prescriptions. This shall include, but is not limited to, data such as the original prescription number; date of issuance of the original prescription order by the practitioner; full name and address of the patient; name, address, and DEA registration number of the practitioner; and the name, strength, dosage form, quantity of the controlled substance prescribed (and quantity dispensed if different from the quantity prescribed), and the total number of refills authorized by the prescribing practitioner. New rules proposed by the USDrug Enforcement Administration (DEA) will allow physicians to writeprescriptions for 90-day supplies ofpotent painkillers and otherSchedule II controlled substances,including OxyContin (oxycodone)and Ritalin (methylphenidate). [36 FR 7799, Apr. Rx Delivery by Mail in 90-day supplies. (c) To annotate an electronic prescription, a pharmacist must include all of the information that this part requires in the prescription record. Sec. Rather, individual practitioners must determine on their own, based on sound medical judgment, and in accordance with established medical standards, whether it is appropriate to issue multiple prescriptions and how often to see their patients when doing so. (3) Retrieval of partially filled Schedule II prescription information is the same as required by 1306.22(b) (4) and (5) for Schedule III and IV prescription refill information. statute provides for day supply limits: The quantity of Schedule II controlled substances prescribed or dispensed at any one time shall be limited to a thirty-day supply. (e) The prescribing practitioner may authorize additional refills of Schedule III or IV controlled substances on the original prescription through an oral refill authorization transmitted to the pharmacist provided the following conditions are met: (1) The total quantity authorized, including the amount of the original prescription, does not exceed five refills nor extend beyond six months from the date of issue of the original prescription. What We Do 24, 1997]. (e) Where a prescription that has been prepared in accordance with section 1306.12(b) contains instructions from the prescribing practitioner indicating that the prescription shall not be filled until a certain date, no pharmacist may fill the prescription before that date. (ii) The controlled substance is to be administered by injection or implantation; (3) The pharmacy and the practitioner are authorized to conduct such activities specified in this paragraph (f) under the law of the State in which such activities take place; (4) The prescription is not issued to supply any practitioner with a stock of controlled substances for the purpose of general dispensing to patients; (5) The controlled substance is to be administered only to the patient named on the prescription not later than 14 days after the date of receipt of the controlled substance by the practitioner; and. E-prescribing Controlled Substances (TMA) Information on Controlled Substance Prescriptions from Advanced Practice Registered Nurses and Physician Assistants. 21 United States Code (USC) Controlled Substances Act, Section 802. The controlled substance law and regulations may be viewed online at: www.nyhealth.gov/professionals/narcotic/. (iii) Record the date of the transfer and the name of the pharmacist transferring the information. Manufacture or cultivation. Starting January 1, 2020, OptumRx is changing how it accepts controlled substance prescriptions. 1306.23 Partial filling of prescriptions. (e) A prescription prepared in accordance with 1306.05 written for a Schedule II narcotic substance to be compounded for the direct administration to a patient by parenteral, intravenous, intramuscular, subcutaneous or intraspinal infusion may be transmitted by the practitioner or the practitioner's agent to the pharmacy by facsimile. Code E Instructions for Downloading Viewers and Players. "Control" means to regulate or change the placement of a controlled substance or immediate precursor; under the provisions of this act. 1306.27 Provision of prescription information between retail pharmacies and central fill pharmacies for initial and refill prescriptions of Schedule III, IV, or V controlled substances. (g) An individual practitioner exempted from registration under 1301.22(c) of this chapter shall include on all prescriptions issued by him the registration number of the hospital or other institution and the special internal code number assigned to him by the hospital or other institution as provided in 1301.22(c) of this chapter, in lieu of the registration number of the practitioner required by this section. A CDS prescription must be presented for filling no more than 30 days after the date on which it was written, regardless of the schedule. . (d) A practitioner may sign a paper prescription in the same manner as he would sign a check or legal document (e.g., J.H. (d) each prescription writtenby a practitioner in this statefor a controlledsubstance listed in schedule ii, schedule iii, or schedule iv must include a writtenand a numerical notation of the quantity of the controlled substance prescribed and a notation of the datein numerical, month/day/year format, or with the abbreviated month writtenout, or the month writtenout in . The new Public Health Law that went into full effect on April 19, 2006 made no changes to the requirements for electronic prescribing. The following requirements shall also apply: (a) Prescriptions for controlled substances listed in Schedule II may be transmitted electronically from a retail pharmacy to a central fill pharmacy including via facsimile. (2) The practitioner is in compliance with DEA regulations regarding treatment qualifications, security, records, and unsupervised use of the drugs pursuant to the Act. (2) Nothing in this paragraph (b) shall be construed as mandating or encouraging individual practitioners to issue multiple prescriptions or to see their patients only once every 90 days when prescribing Schedule II controlled substances. The quantity of Schedule III, IV or V controlled substances prescribed or dispensed at any one time shall be limited to a ninety-day supply and shall be prescribed and dispensed in compliance with the general provisions of sections 195.005 to 195.425. 1306.12 Refilling prescriptions; issuance of multiple prescriptions. The partial filling of a prescription for a controlled substance listed in Schedule III, IV, or V is permissible, provided that: (a) Each partial filling is recorded in the same manner as a refilling, (b) The total quantity dispensed in all partial fillings does not exceed the total quantity prescribed, and. Narcolepsy Both the pharmacist and the prescribing practitioner have a corresponding responsibility to assure that the controlled substance is for a terminally ill patient. 823(g)(2)(G)(iii), in accordance with 1306.05 for a Schedule III, IV, or V controlled substance for the purpose of maintenance or detoxification treatment for the purposes of administration in accordance with section 309A of the Act (21 U.S.C. the patient to receive up to a 90-day supply of a Schedule II CDS over those multiple prescriptions.6 Can a Schedule III-V prescription be refilled? (b) A pharmacy may fill an electronically transmitted prescription for a controlled substance provided the pharmacy complies with all other requirements for filling controlled substance prescriptions in this part and with the requirements of part 1311 of this chapter. [62 FR 13965, Mar. (a) No prescription for a controlled substance listed in Schedule III or IV shall be filled or refilled more than six months after the date on which such prescription was issued. Such a book or file must be maintained at the pharmacy employing such an application for a period of two years after the date of dispensing the appropriately authorized refill. Electronic entry. Section 80.67 - Schedule II and certain other substances. CIII-CV may have up to 5 refills. Code A For example, this would include a refill-by-refill audit trail for any specified strength and dosage form of any controlled substance (by either brand or generic name or both). A paper prescription for a Schedule II controlled substance may be transmitted by the practitioner or the practitioner's agent to a pharmacy via facsimile equipment, provided that the original manually signed prescription is presented to the pharmacist for review prior to the actual dispensing of the controlled substance, except as noted in paragraph (e), (f), or (g) of this section. Licensed Physician's Assistants (PAs) who are registered with DEA may prescribe schedule III, IV, and V controlled substances if authorized by a supervising physician. An order purporting to be a prescription issued not in the usual course of professional treatment or in legitimate and authorized research is not a prescription within the meaning and intent of section 309 of the Act (21 U.S.C. (a) The pharmacist filling a prescription for a controlled substance listed in Schedule III, IV, or V shall affix to the package a label showing the pharmacy name and address, the serial number and date of initial filling, the name of the patient, the name of the practitioner issuing the prescription, and directions for use and cautionary statements, if any, contained in such prescription as required by law. A corresponding liability rests upon the pharmacist, including a pharmacist employed by a central fill pharmacy, who fills a prescription not prepared in the form prescribed by DEA regulations. Phar 8.08 Controlled substances in emergency kits for longterm care facilities. It does not allow refilling of Schedule II medicationslong prohibited under federal lawthus the need for three prescriptions for a 90-day supply. Controlled Substances in Schedules III-V may always be prescribed by oral prescription under 21 U.S.C. Section 80.65 - Purpose of issue. (a) Schedule II Prescriptions. The Controlled Substances Act (CSA) places all regulated substances under existing federal law into 1 of 5 schedules. The facsimile serves as the original written prescription for purposes of this paragraph (f) and it shall be maintained in accordance with 1304.04(h). Ohio. 353(b)) only pursuant to a written prescription signed by the practitioner, except as provided in paragraph (d) of this section. The rules are modernized to reflect current pharmacy practices without changing significant . NY state: All schedules of controlled substances can only have a 30 day supply at a time. (b) This section shall not apply to the cultivation of cannabis. private, common or contract carrier). (2) Any such proposed computerized application must also provide online retrieval (via computer monitor or hard-copy printout) of the current refill history for Schedule III or IV controlled substance prescription orders (those authorized for refill during the past six months). Code F Attention deficit disorder . (N.J.A.C. However, a practitioner may prescribe up to a three-month supply of a controlled substance, including human chorionic gonadotropin (hcg), or up to a six-month supply of an anabolic steroid for treatment of the following conditions: Code A Panic disorder Quantities Allowable on Controlled Substance Prescriptions 24, 1971; 36 FR 13386, July 21, 1971, unless otherwise noted. A controlled substance prescription issued by a PA must contain the imprinted names of When prescribing more than a 30-day supply of a controlled substance to treat one of the above conditions, a practitioner must write on the face of the prescription either the condition or the Code designating the condition. [68 FR 37410, June 24, 2003, as amended at 70 FR 36343, June 23, 2005]. number of state controlled substance registrations that are issued to NPs. (vi) Name of pharmacist who transferred the prescription. Sec. Relief of pain in patients suffering from diseases known to be chronic and incurable Sec. (e) The procedure allowing the transfer of prescription information for refill purposes is permissible only if allowable under existing State or other applicable law. All rules governing pharmacies and pharmacy practice are consolidated into the new chapter 246-945 WAC. Section 80.66 - Schedule I substances. (ii) Original number of refills authorized on original prescription. Issuance of Multiple Prescriptions for Schedule II Substances Under DEA regulations which became e ective in 2007, an individual practitioner may issue multiple prescriptions authorizing the patient to receive a total of up to a 90-day supply of a schedule II controlled substance provided the following conditions are met: 1. Redesignated at 38 FR 26609, Sept. 24, 1973 and amended at 53 FR 4964, Feb. 19, 1988; 59 FR 26111, May 19, 1994; 59 FR 30832, June 15, 1994; 62 FR 13964, Mar. (b) If the prescription is filled at a central fill pharmacy, the central fill pharmacy shall affix to the package a label showing the retail pharmacy name and address and a unique identifier, (i.e. Licensed Nurse Practitioners (NPs) who are registered with the Drug Enforcement Administration (DEA) are authorized to prescribe schedule II, III, IV, and V controlled substances. (b) A prescription issued by an individual practitioner may be communicated to a pharmacist by an employee or agent of the individual practitioner. Section 80.63 - Prescribing. [62 FR 13965, Mar. Practitioners with questions about official prescriptions or controlled substances may contact the Bureau of Narcotic Enforcement at (866) 811-7957 or online at: narcotic@health.ny.gov. A prescription that is partially filled and does not contain the notation "terminally ill" or "LTCF patient" shall be deemed to have been filled in violation of the Act. 1306.06 Persons entitled to fill prescriptions. (c) Where a prescription is for gamma-hydroxybutyric acid, the practitioner shall note on the face of the prescription the medical need of the patient for the prescription. Note: this does not include assisted living facilities. Code F Redesignated at 38 FR 26609, Sept. 24, 1973, and amended at 39 FR 37986, Oct. 25, 1974; 70 FR 36343, June 23, 2005; 85 FR 69167, Nov. 2, 2020]. the central fill pharmacy's DEA registration number) indicating that the prescription was filled at the central fill pharmacy, in addition to the information required under paragraph (a) of this section. amended Oct. 26, 1972, P.L.1048, No.263) "Controlled substance" means a drug, substance, or immediate precursor included in schedules I through V of this act. 823(g)); and. 24, 1971, as amended at 36 FR 18733, Sept. 21, 1971. (f) A prescription is not required for distribution or dispensing of the substance pursuant to any other Federal, State or local law. Rule 338.2411 Delegation of prescribing controlled substances to nurse practitioner or nurse midwife; limitation. (a) A prescription for a controlled substance may be issued only by an individual practitioner who is: (1) Authorized to prescribe controlled substances by the jurisdiction in which he is licensed to practice his profession and. (4) Within 7 days after authorizing an emergency oral prescription, the prescribing individual practitioner shall cause a written prescription for the emergency quantity prescribed to be delivered to the dispensing pharmacist. (2) A CRNP may prescribe a Schedule III or IV controlled substance for up to a 90 day supply as identified in the collaborative agreement. 1306.04 Purpose of issue of prescription. . 31, 2010]. Narcolepsy If there is any question whether a patient may be classified as having a terminal illness, the pharmacist must contact the practitioner prior to partially filling the prescription. (f) No refills shall be authorized for controlled drugs in schedule II of the current chapter 21, Code of Federal Regulations. (c) The requirements of paragraph (a) of this section do not apply when a controlled substance listed in Schedule II is prescribed for administration to an ultimate user who is institutionalized: Provided, That: (1) Not more than 7-day supply of the controlled substance listed in Schedule II is dispensed at one time; (2) The controlled substance listed in Schedule II is not in the possession of the ultimate user prior to the administration; (3) The institution maintains appropriate safeguards and records regarding the proper administration, control, dispensing, and storage of the controlled substance listed in Schedule II; and. 13:45H-7.5) . The prescription must clearly state on its face that it is for initial or ongoing therapy. (d) If the pharmacist merely initials and dates the back of the prescription or annotates the electronic prescription record, it shall be deemed that the full face amount of the prescription has been dispensed. (h) An official exempted from registration under 1301.23(a) of this chapter must include on all prescriptions issued by him his branch of service or agency (e.g., "U.S. Army" or "Public Health Service") and his service identification number, in lieu of the registration number of the practitioner required by this section. (a) A practitioner may administer or dispense directly (but not prescribe) a narcotic drug listed in any schedule to a narcotic dependant person for the purpose of maintenance or detoxification treatment if the practitioner meets both of the following conditions: (1) The practitioner is separately registered with DEA as a narcotic treatment program. (Ill. Admin. It must be verified and signed by each pharmacist who is involved with such dispensing. (v) Pharmacy's name, address, DEA registration number, and prescription number from which the prescription information was transferred. 1306.26 Dispensing without prescription. (f) As an alternative to the procedures provided by paragraphs (a) through (e) of this section, a computer application may be used for the storage and retrieval of refill information for original paper prescription orders for controlled substances in Schedule III and IV, subject to the following conditions: (1) Any such proposed computerized application must provide online retrieval (via computer monitor or hard-copy printout) of original prescription order information for those prescription orders that are currently authorized for refilling. You may dispense up to a 90-day supply for drugs that fall under this category. (iv) Number of valid refills remaining and date(s) and locations of previous refill(s). 821, 823, 829, 829a, 831, 871(b) unless otherwise noted. The controlled substance law and regulations may be viewed online at: www.nyhealth.gov/professionals/narcotic/. Licensed Physician's Assistants (PAs) who are registered with DEA may prescribe schedule III, IV, and V controlled substances if authorized by a supervising physician. Sec. (4) The system employed by the pharmacist in filling a prescription is adequate to identify the supplier, the product, and the patient, and to set forth the directions for use and cautionary statements, if any, contained in the prescription or required by law. (b) Each refilling of a prescription shall be entered on the back of the prescription or on another appropriate document or electronic prescription record. 1306.11 Requirement of prescription. 24, 1997, as amended at 75 FR 16308, Mar. The original prescription shall be maintained in accordance with 1304.04(h) of this chapter. The quantity of Schedule III, IV or V controlled substances prescribed or dispensed at any one time shall be limited to a ninety-day supply . (4 ounces) of any other such controlled substance nor more than 48 dosage units of any such controlled substance containing opium, nor more than 24 dosage units of any other such controlled substance may be dispensed at retail to the same purchaser in any given 48-hour period; (c) The purchaser is at least 18 years of age; (d) The pharmacist requires every purchaser of a controlled substance under this section not known to him to furnish suitable identification (including proof of age where appropriate); (e) A bound record book for dispensing of controlled substances under this section is maintained by the pharmacist, which book shall contain the name and address of the purchaser, the name and quantity of controlled substance purchased, the date of each purchase, and the name or initials of the pharmacist who dispensed the substance to the purchaser (the book shall be maintained in accordance with the recordkeeping requirement of 1304.04 of this chapter); and.
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