Question about refilling a controlled substance

Here is the scenario:

-A 30 day prescription for a schedule IV controlled substance was filled by a pharmacy on June 1st and picked up from the pharmacy on the next day (June 2nd).

-There were no refills authorized

-On Jun 20th, a new 30 day prescription for the same medication was submitted by the doctor and received by the pharmacy the same day (June 20th).

-the following is the governing state law:

Quote:

Refilling of prescriptions for controlled substances

1. Prescriptions for a schedule II controlled substance and those schedule III or schedule IV controlled substances which the commissioner may require by regulation may not be refilled.

2. A prescription, except for a schedule II controlled substance or those schedule III or schedule IV controlled substances which the commissioner may require by regulation may be refilled not more than the number of times specifically authorized by the prescriber upon the prescription, provided however no such authorization shall be effective for a period greater than six months from the date the prescription is signed. In the event that the prescription authorizes the dispensing of more than a thirty day supply of schedule III, schedule IV or schedule V substances pursuant to regulations of the commissioner enumerating conditions warranting specified greater supplies, the prescription may be refilled only once.

3. Unless an earlier refilling is authorized by the prescriber, no prescription for a controlled substance may be refilled earlier than seven days prior to the date the previously dispensed supply would be exhausted if used in conformity with the directions for use.

Here is the question:

What is the earliest date that prescription for the refill (second prescription) of the controlled substance can be filled?

Thanks in advance for anyone who answers.

Quote: fleaswatter

Here is the scenario:

-A 30 day prescription for a schedule IV controlled substance was filled by a pharmacy on June 1st and picked up from the pharmacy on the next day (June 2nd).

-There were no refills authorized

-On Jun 20th, a new 30 day prescription for the same medication was submitted by the doctor and received by the pharmacy the same day (June 20th).

-the following is the governing state law:

Quote:

Refilling of prescriptions for controlled substances

1. Prescriptions for a schedule II controlled substance and those schedule III or schedule IV controlled substances which the commissioner may require by regulation may not be refilled.

2. A prescription, except for a schedule II controlled substance or those schedule III or schedule IV controlled substances which the commissioner may require by regulation may be refilled not more than the number of times specifically authorized by the prescriber upon the prescription, provided however no such authorization shall be effective for a period greater than six months from the date the prescription is signed. In the event that the prescription authorizes the dispensing of more than a thirty day supply of schedule III, schedule IV or schedule V substances pursuant to regulations of the commissioner enumerating conditions warranting specified greater supplies, the prescription may be refilled only once.

3. Unless an earlier refilling is authorized by the prescriber, no prescription for a controlled substance may be refilled earlier than seven days prior to the date the previously dispensed supply would be exhausted if used in conformity with the directions for use.

Here is the question:

What is the earliest date that prescription for the refill (second prescription) of the controlled substance can be filled?

Thanks in advance for anyone who answers.

Your answer can be found in clause 3, namely 7 days. This is assuming no early dispensing authorization by the prescriber and no change in directions that would necessitate an early refill. In addition, many third party payers will reject the claim in real time as being too early.

Source: Me, licensed phamacist since 1993.

Quote: GenoDRPh

Quote: fleaswatter

Here is the scenario:

-A 30 day prescription for a schedule IV controlled substance was filled by a pharmacy on June 1st and picked up from the pharmacy on the next day (June 2nd).

-There were no refills authorized

-On Jun 20th, a new 30 day prescription for the same medication was submitted by the doctor and received by the pharmacy the same day (June 20th).

-the following is the governing state law:

Quote:

Refilling of prescriptions for controlled substances

1. Prescriptions for a schedule II controlled substance and those schedule III or schedule IV controlled substances which the commissioner may require by regulation may not be refilled.

2. A prescription, except for a schedule II controlled substance or those schedule III or schedule IV controlled substances which the commissioner may require by regulation may be refilled not more than the number of times specifically authorized by the prescriber upon the prescription, provided however no such authorization shall be effective for a period greater than six months from the date the prescription is signed. In the event that the prescription authorizes the dispensing of more than a thirty day supply of schedule III, schedule IV or schedule V substances pursuant to regulations of the commissioner enumerating conditions warranting specified greater supplies, the prescription may be refilled only once.

3. Unless an earlier refilling is authorized by the prescriber, no prescription for a controlled substance may be refilled earlier than seven days prior to the date the previously dispensed supply would be exhausted if used in conformity with the directions for use.

Here is the question:

What is the earliest date that prescription for the refill (second prescription) of the controlled substance can be filled?

Thanks in advance for anyone who answers.

Your answer can be found in clause 3, namely 7 days. This is assuming no early dispensing authorization by the prescriber and no change in directions that would necessitate an early refill. In addition, many third party payers will reject the claim in real time as being too early.

Source: Me, licensed phamacist since 1993.

Thank you for the reply.

I agree with you 100%, that is exactly how I read and understood the law. It seems completely obvious.

Here is what actually happened. The person (not that it matters but it is not me but I handle the meds for a family member) receiving the medication has been on it for years and monthly gets a new 30 day prescription. Last month the meds were picked up on June 26th and a new prescription was sent to and received by the pharmacy on July 21st. On July 23rd I checked online and the pharmacy indicated that the “order is being processed”. On July 24th I called the pharmacy and asked about the meds and they said that it has not been filled but would be filled in 90 minutes. Well, nothing happened on the 24th so on July 25th I went into the pharmacy to see if the prescription was ready.

The meds were not ready and the pharmacy technician had me go talk to the pharmacist. I explained everything to the pharmacist and inquired as to why wasn’t the prescription filled. I was told that it could not be filled until July 26th. I was surprised to say the least and asked for an explanation but none was given.

I was not happy and went home and researched online to find the governing law, which I included in my earlier posting.

I returned to the pharmacy on July 26th picked up the meds and asked to talk to the pharmacist. I explained everything about the dates to her (a different pharmacist than I talked to the previous day). She said that they were not allowed by law to dispense the meds earlier than July 26th. I then showed her a copy of the law and asked her to read clause 3 and I said that the law allows refills up to 7 days early. She said that is not what the law is and stood by the refill date of July 26th. I told her that it was clear what the clause 3 says about early refills and she continued to say that is NOT what the law says and that she went to school and she knows the rules.

After a little back and forth about our differing opinions about the law she THEN says something to the effect of that if over the total time that a person has been on the medication that if that person obtained refills a total of 7 days early that they could no longer have the medication refilled early. The person has been on this med for over 8 years.

I asked her where does it say that. She could not answer and said that she will go to her computer to look up the law/regulation. After her looking for about 10 minutes I told her to forget about it and I left.

I hope I explained everything relatively clearly.

One further thing, this all happened at a new pharmacy which took over the prescriptions due to Rite Aid closing.

Very frustrating to say the least.

I am switching insurance companies on August 1, going from ‘regular’ insurance to a ‘Medicare advantage plan’. I plan on going to the pharmacy today to see what prescriptions I can fill before August 1, and for those that can’t, what date can they be. The way it works now for me is I get a text telling me my scrips will be ready in a few days for pick up. I’m guessing I’m not the first person to switch insurances and this process will go seamlessly?

Quote: SOOPOO

I am switching insurance companies on August 1, going from ‘regular’ insurance to a ‘Medicare advantage plan’. I plan on going to the pharmacy today to see what prescriptions I can fill before August 1, and for those that can’t, what date can they be. The way it works now for me is I get a text telling me my scrips will be ready in a few days for pick up. I’m guessing I’m not the first person to switch insurances and this process will go seamlessly?

One can only hope. New insurance company=new and probably different preferred drug formulary. You shouldn't have any trouble with the cheap(er) generics. Brand name stuff you might have trouble with, at least initially. I shall cheer for you, Spaniard.

Quote: fleaswatter

Quote: GenoDRPh

Quote: fleaswatter

Here is the scenario:

-A 30 day prescription for a schedule IV controlled substance was filled by a pharmacy on June 1st and picked up from the pharmacy on the next day (June 2nd).

-There were no refills authorized

-On Jun 20th, a new 30 day prescription for the same medication was submitted by the doctor and received by the pharmacy the same day (June 20th).

-the following is the governing state law:

Quote:

Refilling of prescriptions for controlled substances

1. Prescriptions for a schedule II controlled substance and those schedule III or schedule IV controlled substances which the commissioner may require by regulation may not be refilled.

2. A prescription, except for a schedule II controlled substance or those schedule III or schedule IV controlled substances which the commissioner may require by regulation may be refilled not more than the number of times specifically authorized by the prescriber upon the prescription, provided however no such authorization shall be effective for a period greater than six months from the date the prescription is signed. In the event that the prescription authorizes the dispensing of more than a thirty day supply of schedule III, schedule IV or schedule V substances pursuant to regulations of the commissioner enumerating conditions warranting specified greater supplies, the prescription may be refilled only once.

3. Unless an earlier refilling is authorized by the prescriber, no prescription for a controlled substance may be refilled earlier than seven days prior to the date the previously dispensed supply would be exhausted if used in conformity with the directions for use.

Here is the question:

What is the earliest date that prescription for the refill (second prescription) of the controlled substance can be filled?

Thanks in advance for anyone who answers.

Your answer can be found in clause 3, namely 7 days. This is assuming no early dispensing authorization by the prescriber and no change in directions that would necessitate an early refill. In addition, many third party payers will reject the claim in real time as being too early.

Source: Me, licensed phamacist since 1993.

Thank you for the reply.

I agree with you 100%, that is exactly how I read and understood the law. It seems completely obvious.

Here is what actually happened. The person (not that it matters but it is not me but I handle the meds for a family member) receiving the medication has been on it for years and monthly gets a new 30 day prescription. Last month the meds were picked up on June 26th and a new prescription was sent to and received by the pharmacy on July 21st. On July 23rd I checked online and the pharmacy indicated that the “order is being processed”. On July 24th I called the pharmacy and asked about the meds and they said that it has not been filled but would be filled in 90 minutes. Well, nothing happened on the 24th so on July 25th I went into the pharmacy to see if the prescription was ready.

The meds were not ready and the pharmacy technician had me go talk to the pharmacist. I explained everything to the pharmacist and inquired as to why wasn’t the prescription filled. I was told that it could not be filled until July 26th. I was surprised to say the least and asked for an explanation but none was given.

I was not happy and went home and researched online to find the governing law, which I included in my earlier posting.

I returned to the pharmacy on July 26th picked up the meds and asked to talk to the pharmacist. I explained everything about the dates to her (a different pharmacist than I talked to the previous day). She said that they were not allowed by law to dispense the meds earlier than July 26th. I then showed her a copy of the law and asked her to read clause 3 and I said that the law allows refills up to 7 days early. She said that is not what the law is and stood by the refill date of July 26th. I told her that it was clear what the clause 3 says about early refills and she continued to say that is NOT what the law says and that she went to school and she knows the rules.

After a little back and forth about our differing opinions about the law she THEN says something to the effect of that if over the total time that a person has been on the medication that if that person obtained refills a total of 7 days early that they could no longer have the medication refilled early. The person has been on this med for over 8 years.

I asked her where does it say that. She could not answer and said that she will go to her computer to look up the law/regulation. After her looking for about 10 minutes I told her to forget about it and I left.

I hope I explained everything relatively clearly.

One further thing, this all happened at a new pharmacy which took over the prescriptions due to Rite Aid closing.

Very frustrating to say the least.

I will also state that pharmacies-independent or chain-also have their own rules on when they fill stuff and how soon they will do so. And they are allowed to do that, since there is law preventing such politices and no law compels filling any prescription.

That being said, a polite discussion about how long this patient has been taking this, the diagnosis and clinical reason as well as just asking how soon can each refill be would go a long way. No pharmacist wants to be a prick. We want to help, but stay within the law and stay within our employers rules. Stories I could tell...

Quote: GenoDRPh

. I shall cheer for you, Spaniard.

I didn't remember that line, but that's because I thought it was from "The Princess Bride" not "Gladiator".

Quote: SOOPOO

I am switching insurance companies on August 1, going from ‘regular’ insurance to a ‘Medicare advantage plan’. I plan on going to the pharmacy today to see what prescriptions I can fill before August 1, and for those that can’t, what date can they be. The way it works now for me is I get a text telling me my scrips will be ready in a few days for pick up. I’m guessing I’m not the first person to switch insurances and this process will go seamlessly?

I switched on July 1st. I am now with Blue Cross so I anticipate it will be much better. They are going to hate me as in the past week I have had a CT scan, Ultrasound, a Nephrologist and Urologist appointment. I also just found out I have a 2.5cm or one inch bladder stone, Diverticulitis, bilateral inguinal hernias, and calcified aortic plaque on top of my stage 3 kidney failure.

Quote: rxwine

I didn't remember that line, but that's because I thought it was from "The Princess Bride" not "Gladiator".

Not instantly recognizing that's a line from "Gladiator"? INCONCEIVABLE!

Quote: GenoDRPh

Not instantly recognizing that's a line from "Gladiator"? INCONCEIVABLE!

The actor who had that line did an offbeat movie called "My dinner with Andre". I remember it as being pretty good, but don't remember anything else about it.