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ALBOP Clarification on Partial Fills of CIIs and Transfers

Friday, July 14, 2017   (0 Comments)
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ALBOP Clarification on Partial Fills of CIIs and Transfers

The Alabama Board of Pharmacy has provided clarification about the law as it pertains to controlled drugs and CARA (Comprehensive Addiction and Recovery Act):

 

BOARD OF PHARMACY CLARIFICATION:

CII prescriptions can be returned to the patient if the pharmacy received a hard copy of the prescription originally.

An electronic CII could be forwarded to another pharmacy if the two pharmacies had the ability to forward the original.

 

PARTIAL FILLS

PUBLIC LAW 114–198—JULY 22, 2016

Sec 702 PARTIAL FILLS OF SCHEDULE II CONTROLLED SUBSTANCES.

(a)  IN GENERAL.— Section 309 of the Controlled Substances Act (21 U.S.C. 829) is amended by adding at the end the following:

‘‘(f) PARTIAL FILLS OF SCHEDULE II CONTROLLED SUBSTANCES.—

‘‘(1) PARTIAL FILLS.—A prescription for a controlled substance in schedule II may be partially filled if —

‘‘(A) it is not prohibited by State law;

‘‘(B) the prescription is written and filled in accordance with this title, regulations prescribed by the Attorney General, and State law;

‘‘(C) the partial fill is requested by the patient or the practitioner that wrote the prescription; and

‘‘(D) the total quantity dispensed in all partial fillings does not exceed the total quantity prescribed.

‘‘(2) REMAINING PORTIONS.—

‘‘(A) IN GENERAL.— Except as provided in subparagraph (B), remaining portions of a partially filled prescription for a controlled substance in schedule II—

‘‘(i) may be filled; and

‘‘(ii) shall be filled not later than 30 days after the date on which the prescription is written.

‘‘(B) EMERGENCY SITUATIONS.—In emergency situations, as described in subsection (a), the remaining portions of a partially filled prescription for a controlled substance in schedule II—

‘‘(i) may be filled; and

‘‘(ii) shall be filled not later than 72 hours after the prescription is issued.

“(3) CURRENTLY LAWFUL PARTIAL FILLS.—Notwithstanding paragraph (1) or (2), in any circumstance in which, as of the day before the date of enactment of this subsection, a prescription for a controlled substance in schedule II may be lawfully partially filled, the Attorney General may allow such a prescription to be partially filled.’’

(b) RULE OF CONSTRUCTION. — Nothing in this section shall be construed to affect the authority of the Attorney General to allow a prescription for a controlled substance in schedule III, IV, or V of section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) to be partially filled.

 

TRANSFERS

PART 1306 — PRESCRIPTIONS
CONTROLLED SUBSTANCES LISTED IN SCHEDULES III, IV, and V
§1306.25 Transfer between pharmacies of prescription information for Schedules III, IV, and V controlled substances for refill purposes.

(a) The transfer of original prescription information for a controlled substance listed in Schedule III, IV, or V for the purpose of refill dispensing is permissible between pharmacies on a one-time basis only. However, pharmacies electronically sharing a real-time, online database may transfer up to the maximum refills permitted by law and the prescriber's authorization.

(b) Transfers are subject to the following requirements:

(1) The transfer must be communicated directly between two licensed pharmacists.

(2) The transferring pharmacist must do the following:

(i)    Write the word “VOID” on the face of the invalidated prescription; for electronic prescriptions, information that the prescription has been transferred must be added to the prescription record.

(ii)   Record on the reverse of the invalidated prescription the name, address, and DEA registration number of the pharmacy to which it was transferred and the name of the pharmacist receiving the prescription information; for electronic prescriptions, such information must be added to the prescription record.

 (iii) Record the date of the transfer and the name of the pharmacist transferring the information.

(3) For paper prescriptions and prescriptions received orally and reduced to writing by the pharmacist pursuant to §1306.21(a), the pharmacist receiving the transferred prescription information must write the word “transfer” on the face of the transferred prescription and reduce to writing all information required to be on a prescription pursuant to §1306.05 and include:

(i)    Date of issuance of original prescription.

(ii)   Original number of refills authorized on original prescription.

(iii)  Date of original dispensing.

(iv)  Number of valid refills remaining and date(s) and locations of previous refill(s).

(v)  Pharmacy's name, address, DEA registration number, and prescription number from which the prescription information was transferred.

(vi) Name of pharmacist who transferred the prescription.

 (vii) Pharmacy's name, address, DEA registration number, and prescription number from which the prescription was originally filled.

(4) For electronic prescriptions being transferred electronically, the transferring pharmacist must provide the receiving pharmacist with the following information in addition to the original electronic prescription data:

(i)    The date of the original dispensing.

(ii)   The number of refills remaining and the date(s) and locations of previous refills.

(iii) The transferring pharmacy's name, address, DEA registration number, and prescription number for each dispensing.  

(iv) The name of the pharmacist transferring the prescription.

 (v) The name, address, DEA registration number, and prescription number from the pharmacy that originally filled the prescription, if different.

(5) The pharmacist receiving a transferred electronic prescription must create an electronic record for the prescription that includes the receiving pharmacist's name and all of the information transferred with the prescription under paragraph (b)(4) of this section.

(c) The original and transferred prescription(s) must be maintained for a period of two years from the date of last refill.

(d) Pharmacies electronically accessing the same prescription record must satisfy all information requirements of a manual mode for prescription transferal.

(e) The procedure allowing the transfer of prescription information for refill purposes is permissible only if allowable under existing State or other applicable law.


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