152501 To allow practitioners to issue multiple prescriptions for Schedule II controlled substances to authorize the patient to receive up to a ninety (90)-day supply.

DEPARTMENT OF HEALTH

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NOTICE OF FINAL RULEMAKING

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The Director of the Department of Health, pursuant to the authority set forth in section 19(a)(3) of the District of Columbia Pharmacist and Pharmacy Regulation Act of 1980, effective September 16, 1980 (D.C. Law 3-98; D.C. Official Code § 47-2885.18.01(a)(3)); section 301 of the District of Columbia Uniform Controlled Substances Act of 1981, effective August 5, 1981, (D. C. Law 4-29; D.C. Official Code § 48-901.01); Mayor’s Order 98-48, dated April 15, 1998, section 4902 of the Fiscal Year 2002 Budget Support Act of 2001, effective October 3, 2001, (D.C. Law 14-28; D.C. Official Code § 7-731); section 15 of the District of Columbia Drug Manufacture and Distribution Licensure Act of 1990, effective June 13, 1990, (D.C. Law 8-137; D.C. Official Code § 48-714(a)); and Mayor’s Order 98-88, dated May 29, 1998, hereby gives notice of the adoption of the following amendments to Chapter 13 (Prescriptions and Distribution) of Title 22 of the District of Columbia Municipal Regulations (DCMR).

 

The purpose of this amendment is to conform the District’s regulations with their Federal counterpart as set forth in 21 CFR § 1306.12, which allows practitioners to issue multiple prescriptions for Schedule II controlled substances to authorize the patient to receive up to a ninety (90)-day supply.

 

These rules were previously published in the D.C. Register as proposed rulemaking on July 10, 2009 at 56 DCR 5620 and on November 13, 2009 at 56 DCR 8853.  No written comments were received from the public in connection with the November 13, 2009 publication and no changes have been made from the rulemaking published on November 13, 2009.  These final rules will be effective upon publication of this notice in the D.C. Register.

 

 

CHAPTER 13 (PRESCRIPTIONS AND DISTRIBUTION) of Title 22 DCMR is amended as follows:

 

Section 1306.2 is amended to read as follows:

 

1306.2       A prescription for a controlled substance listed in Schedule II shall not be filled if submitted more than thirty (30) days after the date on which the prescription is written; except as follows:

 

(a)                      A pharmacist may fill a prescription for a controlled substance listed in Schedule II that was submitted to the pharmacy more than thirty (30) days after the date on which it was written, if it is clear on the face of the prescription that the individual practitioner issued multiple prescriptions authorizing the patient to receive a total of up to a ninety (90)-day supply of the Schedule II controlled substance and:

 

(i)        Each separate prescription was issued for a legitimate medical purpose by an individual practitioner acting in the usual course of professional practice;

 

(ii)        The individual practitioner provided written instructions on each prescription (other than the first prescription, if the prescribing practitioner intends for that prescription to be filled immediately) indicating the earliest date on which a pharmacy may fill each prescription; and

 

(iii)       The prescription is presented to the pharmacy for filling not more than ninety (90) days after the date on which the prescription was written.