Pharmacy Services

Changes to CII prescribing - Postdating no longer allowed

March 23, 2005

Please see FAQ Newsletter (available to University of Utah Staff only) (https://hscintranet.utah.edu/document_center/Documents/DIS-Newsletter-Prescribing-of-Schedule-II-Controlled-Substances-FAQ.pdf)

The Federal Register recently retracted a DEA web site statement about writing multiple prescriptions for a schedule II controlled substance on the same day for one patient. The information posted on the August 2004 FAQ page of the Diversion Control Program web site stated the following:

"Schedule II prescriptions may not be refilled; however, a physician may prepare multiple prescriptions on the same day with instructions to fill on different dates."

Since that time, a retraction of the latter half of this statement was posted to the web site stating that the "document was not approved as an official statement of the agency and did not and does not have the force and effect of law." Post-dating prescriptions is considered the same as prescribing refills and is not legal.

Prior to the Federal Register’s ruling, the Utah Controlled Substance Act 58-37-6(f) and Rules R156-37-603 clearly allowed for the practice of postdating (See the content of the Utah Controlled Substance Act and Rules below.). Since the Controlled Substance Acts of individual states may vary, other states may also have allowed this practice.

The recent Federal Register ruling supersedes any state regulations that allow postdating. Federal regulations allow states to be more restrictive in their controlled substance policies. However, if the federal regulations are stricter than the individual state’s, the state must comply with the federal standards and may not have less restrictive regulations. Since the Federal Register has revoked the practice of postdating, State Boards of Pharmacy may not override this ruling.

The federal regulations do not specify how much time may elapse between writing and dispensing the prescription.  In Utah, prescriptions for Schedule II substances must be presented to the pharmacy within 30 days of when the prescription is written.  Because requirements may differ in other states, prescribers and pharmacists should consult the Controlled Substance Act of the individual state.

Effective immediately, pharmacies may not accept "post-dated" prescriptions for schedule II controlled substances.  Please contact the Drug Information Service at 801-581-2073 if you have any questions.

References:

  • Drug Enforcement Administration: Diversion Control Program. Prescription Pain Medications: Frequently Asked Questions and Answers for Health Care Professionals and Law Enforcement Personnel.  www.deadiversion.usdoj.gov/faq/pain_med_faqs.htm. Accessed on January 19, 2005.
  • Drug Enforcement Agency. Misstatements in the August 2004 FAQ. Federal Register. November 16, 2004;69(220):67171-2.
  • Utah Controlled Substance Act http://www.dopl.utah.gov/licensing/statutes_and_rules/58-37.PDF – NOTE: State regulations are superceded by federal regulations when the federal regulation is more stringent.

    58-37-6(f)
    (IV)       Any prescription for a Schedule II substance may not be dispensed if it is not presented to a pharmacist for dispensing by a pharmacist or a pharmacy intern within 30 days after the date the prescription was issued, or 30 days after the dispensing date, if that date is specified separately from the date of issue.
    (V)        A practitioner may issue more than one prescription at the same time for the same Schedule II controlled substance, but only under the following conditions:
    (a)        no more than three prescriptions for the same Schedule II controlled substance may be issued at the same time;
    (b)        no one prescription may exceed a 30-day supply;
    (c)        a second or third prescription shall include the date of issuance and the date for dispensing; and
    (d)        unless the practitioner determines there is a valid medical reason to the contrary, the date for dispensing a second or third prescription may not be fewer than 30 days from the dispensing date of the previous prescription.

  • Utah Controlled Substance Act Rules http://www.dopl.utah.gov/licensing/statutes_and_rules/R156-37.PDF – NOTE: State regulations are superceded by federal regulations when the federal regulation is more stringent.

    R156-37-603
    (4)       In accordance with Subsection 58-37-6(7)(f)(v)(D), the dispensing date of a second or third prescription shall be no less than 20 days from the dispensing date of the previous prescription, to allow for receipt of the subsequent prescription before the previous prescription runs out.

Updated
March 23, 2005; February 17, 2005; January 20, 2005; University of Utah, Drug Information Service. Copyright 2009, Drug Information Service, University of Utah, Salt Lake City, UT.