Re: NO FEDERAL LAW on Validity Criteria !!!

[Guest guest]

Dear All,

I do not know why this will not work from this site. My favorites

works fine. I will post the site addy it again:

http://www.medsch.wisc.edu/painpolicy/eguide2000/text_version/section7

..html#14

If it does not work try a cut and paste into your search window, if

that does not work try the handtyping method.

Love to all

Jeanetta

> Dear ALL,

>

> On many sites there have been discussions about Prescription Law

and

> Controlled Substance Act. In particular this site has had a major

> discussion as to how long a Class II Rx is valid--- meaning how

long

> does a patient have from the time the physician wrote the Class II

Rx

> to the time it can no longer be filled.

>

> We decided that it may be state regulated. But I believed that

there

> was a Federal Law that stated the maximum time. Several other

members

> stated the same thing. A few of us thought 30 days.

>

>

> In California, as I reported the old law was 7 days and new law is

14

> days.

> Delaware is 7 days according to what I found out by going to that

> state board site!

> Della or someone else from Texas reported 30 days.

> Char said her state of Washington said 6 months!!

>

> I really had a hard time with 6 mmonths!!! I thought well if these

> are soooooooooo damn controlled why would they allow a patient to

> walk around with a prescription for 6 months (paper not med)!

>

>

> So I had to KNOW!!! I have searched most of this day. I found the

> Controlled Substance Act and NO WHERE in there does it say!!!! But

it

> does state 6 months and no more than 5 refills for Class III and

IV.

> I also found the Regulations from the DEA site. But no where in

> there does it state.

>

> So I then did a google.com search. LOW and BEHOLD!!! I found it

> Eureka!! Maybe not what I thought it was but at least there is an

> answer or someone addressing this issue!

>

> The following is a cut and paste:

>

>

> " Welcome to the

> Pain & Policy Studies Group

> University of Wisconsin

> Comprehensive Cancer Center

>

>

>

http://www.medsch.wisc.edu/painpolicy/eguide2000/text_version/section7

> .html#14

>

> Criterion 14. Length of prescription validity is restricted

> In a balanced drug control policy, efforts to reduce drug diversion

> do not interfere with availability of medications to the patient.

> Federal law and most state laws do not establish a period of

validity

> for a controlled substances prescription (i.e., the number of days

> within which the prescription must be dispensed following its

issue).

> However, some states have limited the period of validity to as

little

> as 3 days, apparently in an effort to reduce " uncashed, " although

> valid, prescriptions as a possible source of diversion.

> Unrealistically short validity periods can make it difficult for a

> patient to obtain medications without having to make extraordinary

> and sometimes expensive arrangements, especially when fraud, slow

> mail delivery, or other extenuating circumstances exist. Exceeding

a

> prescription's validity period may necessitate issuance of a new

> prescription and a return visit to the physician.

> In 1994, the U.S. Agency for Health Care Policy and Research stated:

> " The panel recommends that laws and regulatory policies aimed at

> diversion control not hamper the appropriate use of opioid

analgesics

> for cancer pain. " (34) "

>

>

> So the answer is THE FEDERAL LAW DOES NOT address this issue at

all

> and it is TOTALLY state regulated.

>

> Now let us take a look at Class III and Class IV! Since the maximum

> time allowed to fill or refill Class III or IV Rx is 6 months, it

> would stand to reason that states would most likely not allow more

> than 6 months for a Class II, yet there is nothing to stop them by

> Federal Law, only common sense.

>

>

> Okay there you have it!! I am sorry that I have not done this

search

> earlier. It sure woudl have saved some discussion time. But I do

> believe that we have all learned from this experience. Especially

me!

>

> Thank you all for participating in the discussion and for your

> patience.

>

> Respectfully,

> Jeanetta Mastron CPhT BS Chemistry

> Pharmacy Technician Educator

> Founder/Owner

[Guest guest]

Okay people, I do not know what is the problem here! I did however

cut the site addy to the 'root' of

http://www.medsch.wisc.edu/painpolicy

and that got me to the home page.

So from there you can play around to find this.

Take care and let me know if this does not work.

Jeanetta

> > Dear ALL,

> >

> > On many sites there have been discussions about Prescription Law

> and

> > Controlled Substance Act. In particular this site has had a major

> > discussion as to how long a Class II Rx is valid--- meaning how

> long

> > does a patient have from the time the physician wrote the Class

II

> Rx

> > to the time it can no longer be filled.

> >

> > We decided that it may be state regulated. But I believed that

> there

> > was a Federal Law that stated the maximum time. Several other

> members

> > stated the same thing. A few of us thought 30 days.

> >

> >

> > In California, as I reported the old law was 7 days and new law

is

> 14

> > days.

> > Delaware is 7 days according to what I found out by going to that

> > state board site!

> > Della or someone else from Texas reported 30 days.

> > Char said her state of Washington said 6 months!!

> >

> > I really had a hard time with 6 mmonths!!! I thought well if

these

> > are soooooooooo damn controlled why would they allow a patient to

> > walk around with a prescription for 6 months (paper not med)!

> >

> >

> > So I had to KNOW!!! I have searched most of this day. I found the

> > Controlled Substance Act and NO WHERE in there does it say!!!!

But

> it

> > does state 6 months and no more than 5 refills for Class III and

> IV.

> > I also found the Regulations from the DEA site. But no where in

> > there does it state.

> >

> > So I then did a google.com search. LOW and BEHOLD!!! I found it

> > Eureka!! Maybe not what I thought it was but at least there is

an

> > answer or someone addressing this issue!

> >

> > The following is a cut and paste:

> >

> >

> > " Welcome to the

> > Pain & Policy Studies Group

> > University of Wisconsin

> > Comprehensive Cancer Center

> >

> >

> >

>

http://www.medsch.wisc.edu/painpolicy/eguide2000/text_version/section7

> > .html#14

> >

> > Criterion 14. Length of prescription validity is restricted

> > In a balanced drug control policy, efforts to reduce drug

diversion

> > do not interfere with availability of medications to the patient.

> > Federal law and most state laws do not establish a period of

> validity

> > for a controlled substances prescription (i.e., the number of

days

> > within which the prescription must be dispensed following its

> issue).

> > However, some states have limited the period of validity to as

> little

> > as 3 days, apparently in an effort to reduce " uncashed, " although

> > valid, prescriptions as a possible source of diversion.

> > Unrealistically short validity periods can make it difficult for

a

> > patient to obtain medications without having to make

extraordinary

> > and sometimes expensive arrangements, especially when fraud, slow

> > mail delivery, or other extenuating circumstances exist.

Exceeding

> a

> > prescription's validity period may necessitate issuance of a new

> > prescription and a return visit to the physician.

> > In 1994, the U.S. Agency for Health Care Policy and Research

stated:

> > " The panel recommends that laws and regulatory policies aimed at

> > diversion control not hamper the appropriate use of opioid

> analgesics

> > for cancer pain. " (34) "

> >

> >

> > So the answer is THE FEDERAL LAW DOES NOT address this issue at

> all

> > and it is TOTALLY state regulated.

> >

> > Now let us take a look at Class III and Class IV! Since the

maximum

> > time allowed to fill or refill Class III or IV Rx is 6 months, it

> > would stand to reason that states would most likely not allow

more

> > than 6 months for a Class II, yet there is nothing to stop them

by

> > Federal Law, only common sense.

> >

> >

> > Okay there you have it!! I am sorry that I have not done this

> search

> > earlier. It sure woudl have saved some discussion time. But I do

> > believe that we have all learned from this experience. Especially

> me!

> >

> > Thank you all for participating in the discussion and for your

> > patience.

> >

> > Respectfully,

> > Jeanetta Mastron CPhT BS Chemistry

> > Pharmacy Technician Educator

> > Founder/Owner

[Guest guest]

Texas used to be 2 days after the Rx was written (we still see some VERY old

rx's from dr's who only rarely write C-II's), but now it is good for 7 days

after the date it was written. The day the Rx is written doesn't count as a

day.

Della

NO FEDERAL LAW on Validity Criteria !!!

> Dear ALL,

>

> Della or someone else from Texas reported 30 days.

[Guest guest]

OOPS! Sorry! That was suuposed to be 7 days on my earlier post.

It was B and Dell who had osted that Texas was 7 days.

Jeanetta

> Texas used to be 2 days after the Rx was written (we still see some

VERY old

> rx's from dr's who only rarely write C-II's), but now it is good

for 7 days

> after the date it was written. The day the Rx is written doesn't

count as a

> day.

>

> Della

>

> NO FEDERAL LAW on Validity

Criteria !!!

>

>

> > Dear ALL,

> >

> > Della or someone else from Texas reported 30 days.

[Guest guest]

Dear Della,

I bet this isn't even on Naplex!

Ay way what I wanted toknow is if Texas stillhas paper CII's like Ca

or if they are paperless/electronic.

Some states are paperless. California is going over to this either

next yr or this yr.

If Texas is paperless can you explain the system? I am having

difficulty in understanding how it works.

Thanks

Jeanetta

> Texas used to be 2 days after the Rx was written (we still see some

VERY old

> rx's from dr's who only rarely write C-II's), but now it is good

for 7 days

> after the date it was written. The day the Rx is written doesn't

count as a

> day.

>

> Della

>

> NO FEDERAL LAW on Validity

Criteria !!!

>

>

> > Dear ALL,

> >

> > Della or someone else from Texas reported 30 days.

[Guest guest]

Jeanetta: Thank-you for opening our eyes!! I appreciate all your research

as I kept hitting brick walls--haha char

Charleen A. CphT

Technician Representative

Spokane Pharmacy Association

&

Pharmacy Technician/Trainer

Sixth Avenue Pharmacy

W. 508 6th Avenue

Spokane, WA 99204

(509) 455-9345 wk.

(509) 953-9308 cell.

[Guest guest]

Dearest Char,

You are most welcome! I wanted to research sooner, but I have had

much to do at work keeping me busy. After the 'poster' sessions on

Wed, I just jumped into it since I was so 'concerned' about the study

group members having some law questions on the exam. So I delved in!

Plus I realized that I may have to update my curriculum!

Love ya,

Jeanetta

-- In @y..., char6ave@a... wrote:

> Jeanetta: Thank-you for opening our eyes!! I appreciate all your

research

> as I kept hitting brick walls--haha char

>

> Charleen A. CphT

> Technician Representative

> Spokane Pharmacy Association

> &

> Pharmacy Technician/Trainer

> Sixth Avenue Pharmacy

> W. 508 6th Avenue

> Spokane, WA 99204

> (509) 455-9345 wk.

> (509) 953-9308 cell.

[Guest guest]

Jeanetta,

is right in that we are going from triplicate (3 part) C-II rx's to a

single sheet RX. It still has the same information on it (Dr's name,

Address, DEA #, DPS #, RX blank Control #, etc). It's just does not have

the 3 copies to it.

DPS stands for the Department of Public Safety, it is the Texas 'police' per

say. You get your Drivers License from the DPS. The DPS Officers cover

'all' of Texas on the roads, and etc.

As far as transmitting to DPS over the computer, each company has it set up

a little different, but the information to submit is the same. At Kroger,

where I work, the computer generates a file, we save it to a computer disk,

and we physically mail the disk to the processing company that keeps track

of all the info for the DPS. Other companies may transmit the data

electronically to the processing company.

We are still using paper Rx's for C-II's, though. Those are not allowed to

only be transmitted to the pharmacy electrically (like thru handhelds, etc),

from my knowledge (which could be wrong, I've just never heard of it

happening), since they have to have control numbers. Each blank Rx on the

pad for a C-II has a unique identification number, which is called the

control number, which is how the DPS keeps track of which blanks have been

used.

Hopefully this makes sense. I'm up _way_ early on a Saturday for me,

becuase I've gotta go to the last part of a Symposium at my rotation site

this morning.

Della

Re: NO FEDERAL LAW on Validity Criteria

!!!

> Dear ,

>

> I am very interested in any state's method of 'change over' from

> triplicate (Ca currently has this) to single paper to electronic.

>

> I am not sure about what " DPS " is over the computer? Is this a scan

> of the Rx? or data input? Secondly what is DPS? Pardon my ignorance.

> and how long is ths kept on file - how many years? Please clarify.

>

> I appreciate your assistance in helping me and others to learn how

> this system works.

>

> Thanks

> Jeanetta

>

>

> > > Texas used to be 2 days after the Rx was written (we still see

> some

> > VERY old

> > > rx's from dr's who only rarely write C-II's), but now it is good

> > for 7 days

> > > after the date it was written. The day the Rx is written doesn't

> > count as a

> > > day.

> > >

> > > Della

[Guest guest]

Dear Della,

Thanks for the input. I think I still may have a question or two. But

I need sleep. Maybe this will look different later. Have a great day

at the Symposium.

Jeanetta

> > > > Texas used to be 2 days after the Rx was written (we still see

> > some

> > > VERY old

> > > > rx's from dr's who only rarely write C-II's), but now it is

good

> > > for 7 days

> > > > after the date it was written. The day the Rx is written

doesn't

> > > count as a

> > > > day.

> > > >

> > > > Della