PARTIAL FILLS OF SCHEDULE II CONTROLLED SUBSTANCES.

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) [21 U.S.C. 829 note] 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.