Current through Register Vol. 48, No. 9, September 27, 2024
(a)
No prescription for a controlled substance listed in schedule III, IV, or V
shall be filled or refilled more than six months after the date on which such
prescription was issued and no such prescription may be refilled more than five
times. Additional quantities of controlled substances listed in schedule III,
IV, or V may only be authorized by a prescribing practitioner through issuance
of a new prescription as provided in §
1201 which shall be a new and
separate prescription.
(b) An
automated data processing system may be used for the storage and retrieval of
refill information for prescription orders for controlled substances in
Schedules III, IV, and V, subject to the following conditions:
(1) Any such proposed computerized system
shall provide online retrieval (via CRT display or hard-copy printout)
information for those prescription orders which are currently authorized for
refilling. This shall include, but is not limited to data such as the original
prescription number, date of issuance of the original prescription order by the
practitioner, full name and address of the patient, name, address, and DEA
registration number of the practitioner, and the name, strength, dosage form,
quantity of the controlled substance prescribed (and quantity dispensed if
different from the quantity prescribed), and the total number of refills
authorized by the prescribing practitioner.
(2) Any such proposed computerized system
shall also provide on-line retrieval (via CRT display or hard-copy printout) of
the current refill history for Schedule III, IV, or V controlled substance
prescription orders (those authorized for refill during the past six months).
This refill history shall include, but is not limited to, the name of the
controlled substance, the date of refill, the quantity dispensed, the
identification code, or name or initials of the dispensing pharmacist for each
refill and the total number of refills dispensed to date for that prescription
order.
(3) Documentation of the
fact that the refill information entered into the computer each time a
pharmacist refills an original prescription order for a Schedule III, IV, or V
controlled substance is correct shall be provided by the individual pharmacist
who makes use of such a system. If such a system provides a hard-copy of each
day's controlled substance prescription order refill data, that print-out shall
be verified, dated, and signed by the individual pharmacist who refilled such a
prescription order. The individual pharmacist shall verify that the data
indicated is correct and then sign this document in the same manner as he or
she would sign a check or legal document (e.g. J.H. Smith or John H. Smith).
This document shall be maintained in a separate file at that pharmacy for a
period of two years from the dispensing date. This printout of the day's
controlled substance prescription order refill data shall be provided to each
pharmacy using such a computerized system within 72 hours of the date on which
the refill was dispensed. It shall be verified and signed by each pharmacist
who is involved with such dispensing. In lieu of such a printout, the pharmacy
shall maintain a bound log book, or separate file, in which each individual
pharmacist involved in such dispensing shall sign a statement (in the manner
previously described) each day, attesting to the fact that the refill
information entered into the computer that day has been reviewed by him or her
and is correct as shown. Such a book or file shall be maintained at the
pharmacy employing such a system for a period of two years after the date of
dispensing the appropriately authorized refill.
(4) Any such computerized system shall have
the capability of producing a print-out of any refill data which the user
pharmacy is responsible for maintaining under the Act and its implementing
regulation. 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.) Such a print-out shall indicate name of the
prescribing practitioner, name and address of the patient, quantity dispensed
on each refill, date of dispensing for each refill, name or identification code
of the dispensing pharmacist and the number of the original prescription order.
In any computerized system employed by a user pharmacy the central
record-keeping location shall be capable of sending the print-out to the
pharmacy within 48 hours, and if a DEA Special Agent or compliance Investigator
or an Inspector from DHEC requests a copy of such print-out from the user
pharmacy it shall, if requested to do so by the Agent, Investigator, or
Inspector verify the print-out transmittal capability of its system by
documentation (e.g. postmark).
(5)
In the event that a pharmacy which employs such a computerized system
experiences system down-time, the pharmacy shall have an auxiliary procedure
which will be used for the documentation of refills of Schedule III, IV, and V
controlled substance prescription orders. This auxiliary procedure shall insure
that refills are authorized by the original prescription order, that the
maximum number of refills has not been exceeded, and that all of the
appropriate data is retained for on-line data entry as soon as the computer
system is available for use again.
(c) When filing refill information for
original prescription orders for Schedule III, IV, or V controlled substances,
a pharmacy may use the system described in either paragraph (a) or (b) of this
section.