(c) No dispensing occurs after 6 months after the date on which the prescription was issued. [39 FR 37986, Oct. 25, 1974, as amended at 70 FR 36344, June 23, 2005; 85 FR 69167, Nov. 2, 2020]. (e) The procedure allowing the transfer of prescription information for refill purposes is permissible only if allowable under existing State or other applicable law. 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. 1306.06 Persons entitled to fill prescriptions. 823(g)(2)(G)(iii)); and, (i) The practitioner who issued the prescription is a qualifying practitioner as defined in section 303(g) of the Act (21 U.S.C. endstream endobj 84 0 obj <>stream The drug's intended duration, as defined by the prescriber, or the estimated number of days a prescription will last, based on the number of days a given prescription should last if taken according to the instructions. (2) Ensure that all information required to be on a prescription pursuant to Section 1306.05 of this part is transmitted to the central fill pharmacy (either on the face of the prescription or in the electronic transmission of information); (3) Maintain the original prescription for a period of two years from the date the prescription was filled; (4) Keep a record of receipt of the filled prescription, including the date of receipt, the method of delivery (private, common or contract carrier) and the name of the retail pharmacy employee accepting delivery. A controlled substance prescription issued by a NP must contain the imprinted name of the NP but is not required to contain the imprinted name of the collaborating physician. Code F (1) Authorized to prescribe controlled substances by the jurisdiction in which he is licensed to practice his profession and (2) Either registered or exempted from registration pursuant to . [62 FR 13965, Mar. 801 et seq.) (b) A prescription may not be issued in order for an individual practitioner to obtain controlled substances for supplying the individual practitioner for the purpose of general dispensing to patients. (Added 1989, No. Redesignated at 38 FR 26609, Sept. 24, 1973, as amended at 62 FR 13965, Mar. 1306.07 Administering or dispensing of narcotic drugs. Electronic entry. Both the pharmacist and the prescribing practitioner have a corresponding responsibility to assure that the controlled substance is for a terminally ill patient. Prescriptions. 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. Prescriptions for controlled substances are limited to a 30-day supply. 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. (b)(1) 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: (i) Each separate prescription is issued for a legitimate medical purpose by an individual practitioner acting in the usual course of professional practice; (ii) The individual practitioner provides written instructions on each prescription (other than the first prescription, if the prescribing practitioner intends for that prescription to be filled immediately) indicating the earliest date on which a pharmacy may fill each prescription; (iii) The individual practitioner concludes that providing the patient with multiple prescriptions in this manner does not create an undue risk of diversion or abuse; (iv) The issuance of multiple prescriptions as described in this section is permissible under the applicable state laws; and. (2) Either registered or exempted from registration pursuant to 1301.22(c) and 1301.23 of this chapter. (e) The specific directions for use of the controlled drug by the patient. 31, 2010]. Sec. This class of drugs can be faxed but not emailed. Quantities Allowable on Controlled Substance Prescriptions 24, 1997; 68 FR 37410, June 24, 2003; 72 FR 64930, Nov. 19, 2007]. Definitions. Section 4064.5 - 90-day supply of dangerous drug other than controlled substance (a) A pharmacist may dispense not more than a 90-day supply of a dangerous drug other than a controlled substance pursuant to a valid prescription that specifies an initial quantity of less than a 90-day supply followed by periodic refills of that amount if all of the following requirements are satisfied: (1) The . The pharmacy must receive the written prescription within 7 days, and it must state on the face "Authorization for Emergency Dispensing" with the date of the oral order. (b) In accordance with the Act, it is unlawful for any person to knowingly or intentionally fill a prescription for a controlled substance that was issued in a manner that constitutes dispensing by means of the Internet unless such person is a pharmacist who is acting in the usual course of his professional practice and is acting on behalf of a pharmacy whose registration has been modified under sections 1301.13 and 1301.19 of this chapter to authorize it to operate as an online pharmacy. 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). (6) Notwithstanding any exceptions under section 307 of the Act (21 U.S.C. [36 FR 7799, Apr. from the practitioner's computer to the pharmacy's computer. 21 USC 829(a), 21 CFR 1306.12(a). Prescription Code D (2) Keep a record of the date of receipt of the transmitted prescription, the name of the licensed pharmacist filling the prescription, and dates of filling or refilling of the prescription; Authority: 21 U.S.C. (ii) Original number of refills authorized on original prescription. 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. (iv) The name of the pharmacist transferring the prescription. (c) The following information must be retrievable by the prescription number: (1) The name and dosage form of the controlled substance. Under parameters established by the New York State Board of Pharmacy, prescriptions for non-controlled substances may continue to be electronically transmitted to the pharmacy, either: [36 FR 18733, Sept. 21, 1971. 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. 453.410 Dispensing of controlled substances by practitioner. (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. (a) A person knowingly and unlawfully manufacturing or cultivating a regulated drug shall be imprisoned not more than 20 years or fined not more than $1,000,000.00, or both. inventory count for a drug is 120 units and the actual count is 90. [68 FR 37410, June 24, 2003, as amended at 75 FR 16308, Mar. The practitioner or the practitioner's agent will note on the prescription that the patient is a hospice patient. The controlled substance law and regulations may be viewed online at: www.nyhealth.gov/professionals/narcotic/. 24, 1971. Smith or John H. Smith). "Days" means calendar days. 90-day supply required : 090 : The prescription is written for less than a 90-day supply. 827), the prescribing practitioner, and the practitioner administering the controlled substance, as applicable, shall maintain complete and accurate records of all controlled substances delivered, received, administered, or otherwise disposed of, under this paragraph (f), including the persons to whom the controlled substances were delivered and such other information as may be required under this chapter. Yes (30-day supply). (a) All prescriptions for controlled substances shall be dated as of, and signed on, the day when issued and shall bear the full name and address of the patient, the drug name, strength, dosage form, quantity prescribed, directions for use, and the name, address and registration number of the practitioner. Under parameters established by the New York State Board of Pharmacy, prescriptions for non-controlled substances may continue to be electronically transmitted to the pharmacy, either: Both transmissions are considered electronic prescribing, therefore it is The new Public Health Law that went into full effect on April 19, 2006 made no changes to the requirements for electronic prescribing. Not more than one day's medication may be administered to the person or for the person's use at one time. Narcolepsy (b) A prescription issued by an individual practitioner may be communicated to a pharmacist by an employee or agent of the individual practitioner. 1306.24 Labeling of substances and filling of prescriptions. (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. from the practitioner's computer to the pharmacy's computer. (a) Schedule II Prescriptions. 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. the last working day of November 2021. A mechanism already exists, however, for practitioners in N.Y. State to provide patients with a 90-day supply of a controlled substance. Attention deficit disorder OptumRx will contact your doctor to help them send controlled substance prescriptions electronically, if they don't already do so. During the 2018 legislative session, HB 2250 passed, which was intended to certify PAs for 90-day prescription privileges for non-opioid schedule II and III controlled substances. (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. (d) A prescription may be issued by a qualifying practitioner, as defined in section 303(g)(2)G)(iii) of the Act (21 U.S.C. May be communicated orally, in writing, or by fax. Manufacture or cultivation. (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.
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