856 IAC 2-6-9 Schedule II controlled substances; partial filling of prescriptions

Sec. 9. (a) The partial filling of a prescription for a controlled substance listed in schedule II under IC 35-48-2-6, as amended, is permissible if the pharmacist is unable to supply the full quantity called for in a prescription written either manually or electronically in accordance with applicable federal regulations, or emergency oral prescription and makes a notation of the quantity supplied on the face of the written prescription, on the written record of the emergency oral prescription or electronically recorded if electronically transmitted. The remaining portion of the prescription may be filled within seventy-two (72) hours of the first partial filling. However, if the remaining portion is not or cannot be filled within the seventy-two (72) hour period, the pharmacist shall so notify the prescribing individual practitioner. No further quantity may be supplied beyond seventy-two (72) hours without a new prescription. (b) A prescription prescribed, either in writing or electronically in accordance with applicable federal regulations, for a schedule II controlled substance for patients in long-term care facilities may be filled in partial quantities to include individual dosage units. For each partial filling, the dispensing pharmacist shall record on the back of the prescription (or on another appropriate record, uniformly maintained, and readily retrievable) the: (1) date of the partial filling; (2) quantity dispensed; (3) remaining quantity authorized to be dispensed; and (4) identification of the dispensing pharmacist. The total quantity of a schedule II controlled substance dispensed in all partial fillings must not exceed the total quantity prescribed. A schedule II prescription, for a patient in a long-term care facility, shall be valid for a period not to exceed sixty (60) days from the issue date unless sooner terminated by the discontinuance of medication. (c) A prescription for a schedule II controlled substance prescribed, either in writing or electronically in accordance with applicable federal regulations, for a patient with a medical diagnosis documenting a terminal illness may be filled in partial quantities to include individual dosage units. If there is any question whether a patient may be classified as having a terminal illness, the pharmacist must contact the practitioner prior to partially filling the prescription. The pharmacist has a responsibility to assure that the controlled substance is for a terminally ill patient. The pharmacist must record on the prescription the patient is "terminally ill". A prescription that is partially filled and does not contain the notation "terminally ill" shall be deemed to have been filled in violation of this section. For each partial filling, the dispensing pharmacist shall record on the back of the prescription (or on another appropriate record, uniformly maintained and readily retrievable) the: (1) date of the partial filling; (2) quantity dispensed; (3) remaining quantity authorized to be dispensed; and (4) identification of the dispensing pharmacist. Prior to any subsequent partial filling, the pharmacist is to determine that the additional partial filling is necessary. The total quantity of a schedule II controlled substance dispensed in all partial fillings must not exceed the total quantity prescribed. A schedule II prescription for a patient with a medical diagnosis documenting a terminal illness shall be valid for a period not to exceed sixty (60) days from the issue date unless sooner terminated by the discontinuance of medication.