§ 1306.25 Transfer between pharmacies of prescription information for Schedules III, IV, and V controlled substances for refill purposes.(a) The transfer of original prescription information for a controlled substance listed in Schedule III, IV, or V for the purpose of refill dispensing is permissible between pharmacies on a one-time basis only. However, pharmacies electronically sharing a real-time, online database may transfer up to the maximum refills permitted by law and the prescriber's authorization. Show (b) Transfers are subject to the following requirements: (1) The transfer must be communicated directly between two licensed pharmacists. (2) The transferring pharmacist must do the following: (i) Write the word “VOID” on the face of the invalidated prescription; for electronic prescriptions, information that the prescription has been transferred must be added to the prescription record. (ii) Record on the reverse of the invalidated prescription the name, address, and DEA registration number of the pharmacy to which it was transferred and the name of the pharmacist receiving the prescription information; for electronic prescriptions, such information must be added to the prescription record. (iii) Record the date of the transfer and the name of the pharmacist transferring the information. (3) For paper prescriptions and prescriptions received orally and reduced to writing by the pharmacist pursuant to § 1306.21(a), the pharmacist receiving the transferred prescription information must write the word “transfer” on the face of the transferred prescription and reduce to writing all information required to be on a prescription pursuant to § 1306.05 and include: (i) Date of issuance of original prescription. (ii) Original number of refills authorized on original prescription. (iii) Date of original dispensing. (iv) Number of valid refills remaining and date(s) and locations of previous refill(s). (v) Pharmacy's name, address, DEA registration number, and prescription number from which the prescription information was transferred. (vi) Name of pharmacist who transferred the prescription. (vii) Pharmacy's name, address, DEA registration number, and prescription number from which the prescription was originally filled. (4) For electronic prescriptions being transferred electronically, the transferring pharmacist must provide the receiving pharmacist with the following information in addition to the original electronic prescription data: (i) The date of the original dispensing. (ii) The number of refills remaining and the date(s) and locations of previous refills. (iii) The transferring pharmacy's name, address, DEA registration number, and prescription number for each dispensing. (iv) The name of the pharmacist transferring the prescription. (v) The name, address, DEA registration number, and prescription number from the pharmacy that originally filled the prescription, if different. (5) The pharmacist receiving a transferred electronic prescription must create an electronic record for the prescription that includes the receiving pharmacist's name and all of the information transferred with the prescription under paragraph (b)(4) of this section. (c) The original and transferred prescription(s) must be maintained for a period of two years from the date of last refill. (d) Pharmacies electronically accessing the same prescription record must satisfy all information requirements of a manual mode for prescription transferal. (e) The procedure allowing the transfer of prescription information for refill purposes is permissible only if allowable under existing State or other applicable law. [75 FR 16309, Mar. 31, 2010] Alert: E-prescribing Laws Take Effect January 1, 2022 1. Does the pharmacy need to have the capability of receiving electronic data transmission prescriptions from all prescribers? Under California Business and Professions Code (BPC) section
688(b), a pharmacy must have the capability to receive an electronic data transmission prescription on behalf of a patient from a health care practitioner authorized to issue a prescription pursuant to BPC section 4040. 2. Does BPC section 688(b) apply to both non-controlled and controlled substances? BPC section 688(b) applies to both non-controlled and controlled substances with regard to a pharmacy’s capability to receive electronic data transmission prescriptions. However, under BPC section 688(c), a prescription for a
controlled substance, as defined by BPC 4021, the electronic data transmission prescription must comply with Parts 1300, 1304, 1306, and 1311 of Title 21 of the Code of Federal Regulations (CFR). Note: The Board of Pharmacy recommends practitioners contact their respective regulatory boards for guidance on their requirements for issuing a prescription. 3. On or after 01/01/2022, may a pharmacy dispense a prescription medication if it receives a prescription that is not transmitted to the pharmacy as an electronic data transmission prescription? BPC section 688(i) states that a pharmacist who receives a written, oral, or faxed prescription is not required to verify that the prescription properly falls under one of the exceptions in subdivision (e). Pharmacists may continue to dispense medications from legally valid written, oral, or faxed prescriptions pursuant to this division. 4. Can an unfilled non-controlled electronic data transmission prescription received by a pharmacy be transferred or forwarded to another pharmacy? BPC section 688(g) states a pharmacy that receives an electronic data transmission prescription from a prescribing health care practitioner who has issued the prescription but has not
dispensed the medication to the patient must, at the request of the patient or a person authorized to make a request on behalf of the patient, immediately transfer or forward the electronic data transmission prescription to an alternative pharmacy designated by the requester. 5. Can an unfilled Schedule II-V controlled substance electronic data transmission prescription received by a pharmacy be transferred or forwarded to another pharmacy? BPC section 688(g) states a pharmacy that receives an electronic data transmission prescription from a prescribing health care practitioner who has issued the prescription but has not dispensed the medication to the patient must, at the request of the patient or a person authorized to make a request on behalf of the patient, immediately transfer
or forward the electronic data transmission prescription to an alternative pharmacy designated by the requester. 6. What are the record-keeping requirements for a pharmacy that transfers or forwards electronic data transmission prescriptions? What are the record-keeping requirements for a pharmacy that receives a transfer or forward of electronic data transmission prescriptions? Record-keeping must comply with California Code of Regulations (CCR) section 1717(e) and 21 CFR 1306.25, if applicable 7. If a licensed non-resident pharmacy is located outside of California and services a patient in California, is an electronic data transmission prescription required? BPC section 688(b) states a pharmacy, pharmacist, or other practitioner authorized under California law to dispense or furnish a prescription pursuant to section 4040 must have the capability
to receive an electronic data transmission prescription on behalf of a patient. Depending on the scenario, the pharmacy would not need to question a non-electronic data transmission prescription under BPC section 688(i). 8. How does BPC section 688 apply to out-of-state telemedicine doctors or telephonic/faxed prescriptions from out-of-state? BPC section 688(a) states a health care practitioner authorized to issue a prescription pursuant to section 4040 must have the capability to issue an electronic data transmission prescription, as defined under section 4040 on behalf of a patient and to transmit that electronic data transmission prescription to a pharmacy selected by the patient. Depending on the scenario, the pharmacy would not need to question a non-electronic data
transmission prescription under BPC section 688(i). Note: The Board of Pharmacy recommends practitioners contact their respective regulatory boards for guidance on their requirements for issuing a prescription. 9. BPC section 688(e)(1) contains an exception to the law referencing California Health and Safety Code (HSC) section 11159.2, which discusses controlled substance prescriptions issued to terminally ill patients. Does HSC 11167.5 remain effective for those that practice in the applicable hospice and long-term care settings? HSC section 11167.5 will remain effective in the applicable hospice and long-term care settings. 10. Is there an instance when an electronic data transmission prescription must be printed? Under certain circumstances as outlined in Health and Safety Code (HSC) section 11167.5, there may be instances where a long-term care or hospice care pharmacy may need to print the electronic transmission prescription. Additionally, BPC section 688(e)(4)(A)(B) references instances when a prescription must be electronically issued but does not require electronic transmission and may be provided directly to the patient. Controlled
substance prescriptions provided directly to the patient also must comply with federal law. Depending on the scenario, the pharmacy would not need to question a non-electronic data transmission prescription under BPC section 688(i). 11. Does the hospital retail pharmacy have the option to only receive electronic data transmission prescription from its own hospital health care practitioners, but not from any other health care practitioner? BPC section 688(a) is inclusive of all health care practitioners authorized to issue a prescription pursuant
to BPC section 4040. As indicated in BPC section 688(b), a pharmacy must have the capability to receive an electronic data transmission prescription on behalf of a patient from all types of health care practitioners pursuant to BPC section 4040. BPC section 688(e)(7) provides a potential exemption if the health care practitioner and the dispenser are the same entity. 12. Is posting a prescription in a health care provider’s system accessible by pharmacists in their system considered transmission? Under BPC section 688(e)(7), if the prescribing health care practitioner and dispenser are the same entity, electronic transmission prescriptions are not required. Based on the Board’s
understanding of the scenario posed, “posting” of the prescription in an electronic medical record for dispensing by a pharmacy of the same entity meets the intent of California law. Controlled substance prescriptions must also comply with federal law. 13. Under BPC 688(e)(7), what does “same entity” mean? Same location or just same health care system? As described in BPC 688(e)(7), “same entity” refers to the same health care system which may or may not be the same physical location. 14. For prescribers working under exempted medical practices described in BPC 688(e), do they still need to comply with BPC 688(a) and have the capability of issuing and transmitting an electronic data transmission prescription? BPC section 688(d) would not be applicable to a health care practitioner prescribing a prescription pursuant to subdivision (e). However, the health care practitioner must have the capability to issue and transmit an electronic data transmission prescription as defined under BPC section 4040 and BPC section 688(a). Note: The California State Board of Pharmacy recommends practitioners contact their respective regulatory boards for guidance on their requirements for issuing a prescription. Reference: BPC 688(a), 688(d), 688(e), 4040 15. Does an e-mail qualify as “an electronic data transmission prescription,” or does the prescription need to come from an electronic prescribing platform? BPC section 4040(c) describes an “electronic data transmission prescription” as any prescription order other than an electronic image prescription that is electronically transmitted from a licensed prescriber to a pharmacy. An email could potentially qualify as an electronic data transmission prescription for noncontrolled substances; however, this does not appear to meet the spirit of
the law. However, under BPC section 688(c), a prescription for a controlled substance as defined by BPC section 4021, the electronic data transmission prescription must comply with Parts 1300, 1304, 1306, and 1311 of Title 21 of the Code of Federal Regulations (CFR). Note: The Board of Pharmacy recommends practitioners contact their respective regulatory boards for guidance on their requirements for issuing a prescription. 16. If after speaking with the prescriber/agent a modification is made, would the electronic data transmission prescription be voided, and does the prescription need to be rewritten as a telephone prescription? BPC section 688 does not address the modification of an electronic data transmission prescription. For a noncontrolled and Schedule III-V prescription, a pharmacy may reduce the oral prescription to writing as described in BPC section 4070(a)
and HSC section 11164(b). Note: DEA registrants also must comply with federal law regarding controlled substances. 17. Does a pharmacist have a responsibility to report prescribers who are not complying with BPC section 688? The law does not require pharmacists to notify the respective regulatory agency of issues of non-compliance, but they may choose to do so. 18. Do health care practitioners, pharmacists, or pharmacies, when providing health care services to an inmate, individual on parole, or youth under the jurisdiction of the Department of Corrections and Rehabilitation, need to comply with BPC section 688? BPC section 688(k) indicates this section must not apply in the scenario
described. However, if an inmate, individual on parole, or youth is not under the jurisdiction of the Department of Corrections and Rehabilitation, BPC section 688 would apply. September 2021 Can Adderall be transferred to a different pharmacy?There are certain medications like Adderall, Percocet, and Oxycontin that may not be transferred to a new pharmacy. There are medications that you can transfer only once. These medications include Ambien and Xanax. In both instances, you will need a new prescription to get more medications.
Can you fill a controlled substance prescription out of state in California?Section 11164.1 - Out-of-state prescription for controlled substance (a) (1) Notwithstanding any other law, a prescription for a controlled substance issued by a prescriber in another state for delivery to a patient in another state may be dispensed by a California pharmacy, if the prescription conforms with the ...
Can CVS transfer prescriptions to another CVS?No problem. Whether it's across the country or just moving to another part of town, transferring your prescriptions from one CVS to another is simple. Just enter your current CVS location and then select your new CVS Pharmacy to pick up future refills.
Can you get a 90 day supply of a controlled substance in Florida?However, pursuant to 21 CFR 1306.12(b) “an individual practitioner may issue multiple prescriptions authorizing the patient to receive a total of up to a 90-day supply of a schedule II controlled substance, subject to specific conditions are met.
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Can a controlled substance prescription be transferred to another state
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