Thanks everyone for the clues, so, I researched and found:
For DEA, as of 10-18-2013, DEA still says: ASK STATE.
Evidence:
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QUOTE FROM: DEA WEB SITE:
http://www.deadiversion.usdoj.gov/faq/prescriptions.htm#rx-7
QUOTE STARTED:
Question: What changes may a pharmacist make to a prescription written for a controlled substance in schedule II?
Answer: On November 19, 2007, the DEA published in the Federal Register (FR) the Final Rule entitled Issuance of Multiple Prescriptions for Schedule II Controlled Substances (72 FR 64921). In the preamble to that Rule, DEA stated that "the essential elements of the [schedule II] prescription written by the practitioner (such as the name of the controlled substance, strength, dosage form, and quantity prescribed)…may not be modified orally."
The instructions contained in the Rule's preamble are in opposition to DEA's previous policy which permitted the same changes a pharmacist may make to schedules III-V controlled substance prescriptions after oral consultation with the prescriber. DEA recognizes the resultant confusion regarding this conflict and plans to resolve this matter through a future rulemaking. Until that time, pharmacists are instructed to adhere to state regulations or policy regarding those changes that a pharmacist may make to a schedule II prescription after oral consultation with the prescriber. (Policy Letter)
Therefore, when information is missing from or needs to be changed on a schedule II controlled substance prescription, DEA expects pharmacists to use their professional judgment and knowledge of state and federal laws and policies to decide whether it is appropriate to make changes to that prescription.
QUOTE ENDED.
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Okay, DEA wrote that we should ASK STATE.
My state is California, so, if you want to know about California, this is for you to please discuss:
After researching, I believe: only after talking to prescriber, then, pharmacist can fix error on C2 paper.
What can we fix? Except DATE AND SIGNATURE, pharmacist can fix the rest.
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Evidence:
QUOTE FROM: CALIFORNIA BOARD OF PHARMACY:
http://www.pharmacy.ca.gov/licensing/prescribe_dispense.shtml
QUOTE STARTED:
It appears that a pharmacist's ability to correct an error or errors on a Schedule II prescription is eliminated on January 1, 2005, is that true?
No, as of July 1, 2004, Health and Safety Code section 11164, subdivision (a)(5) allows a pharmacist to fill a Schedule II prescription containing errors if the pharmacist notifies the prescriber of the errors and the prescriber approves any correction. The prescriber must fax or mail a corrected prescription to the pharmacist within 7 days of the drug being dispensed. As of January 1, 2005, a Schedule II prescription containing errors should be handled as any other prescription that is uncertain, unclear, and/or ambiguous: the pharmacist must contact the prescriber to obtain the information to validate the prescription (Title 16 of the California Code of Regulations section 1761, subdivision (a).)
QUOTE ENDED.
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So, I went to read Law Book of California, which is a collection of many laws from many different sources for California.
That means: you do not have to look for Health and Safety Code. Why? Health and Safety Code is already in Law book of California, just look inside Law book of California.
That also means: you do not have to look for California Code of Regulations. Why? California Code of Regulations is already in Law book of California, just look inside Law book of California.
So, where is Law book of California? At the web page of Board of Pharmacy for California, link is here:
HTTP://WWW.PHARMACY.CA.GOV/LAWS_REGS/LAWBOOK.PDF.
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For version 2013, at page 176, I found CALIFORNIA CODE OF REGULATIONS, TITLE 16, ARTICLE 8, SECTION 1761, SUBDIVISION (A).
QUOTE STARTED:
1761. Erroneous or Uncertain Prescriptions.
(a) No pharmacist shall compound or dispense any prescription which contains any significant error, omission, irregularity, uncertainty, ambiguity or alteration. Upon receipt of any such prescription, the pharmacist shall contact the prescriber to obtain the information needed to validate the prescription.
(b) Even after conferring with the prescriber, a pharmacist shall not compound or dispense a controlled substance prescription where the pharmacist knows or has objective reason to know that said prescription was not issued for a legitimate medical purpose.
Authority cited: Section 4005, Business and Professions Code. Reference: Section 4005, Business and Professions Code; and Section 11153, Health and Safety Code.
QUOTE ENDED.
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Then, for version 2013, at page 273, I found Health and Safety Code section 11164.
Why is this important?
Remember California Pharmacy Board wrote:
"It appears that a pharmacist's ability to correct an error or errors on a Schedule II prescription is eliminated on January 1, 2005, is that true?
No, as of July 1, 2004, Health and Safety Code section 11164, subdivision (a)(5) allows a pharmacist to fill a Schedule II prescription containing errors if the pharmacist notifies the prescriber of the errors and the prescriber approves any correction. The prescriber must fax or mail a corrected prescription to the pharmacist within 7 days of the drug being dispensed. As of January 1, 2005, a Schedule II prescription containing errors should be handled as any other prescription that is uncertain, unclear, and/or ambiguous: the pharmacist must contact the prescriber to obtain the information to validate the prescription (Title 16 of the California Code of Regulations section 1761, subdivision (a).)"
I was curious: After January 1, 2005, do we still have Health and Safety Code section 11164, subdivision (a)(5)?
Guess what? Health and Safety Code section 11164, subdivision (a)(5) was removed. You can only find Health and Safety Code section 11164, subdivision (a)(1), then,(a)(2). Then, subdivision (b) started. No more subdivision (a)(5)
What does it mean?
It means you can cross out this below words because they do not exist any more:
as of July 1, 2004, Health and Safety Code section 11164, subdivision (a)(5) allows a pharmacist to fill a Schedule II prescription containing errors if the pharmacist notifies the prescriber of the errors and the prescriber approves any correction. The prescriber must fax or mail a corrected prescription to the pharmacist within 7 days of the drug being dispensed.
What does it
REALLY MEAN?
Most important for me is:
The prescriber
DO NOT must fax or mail a corrected prescription to the pharmacist within 7 days of the drug being dispensed.
So, thank you very following me in this presentation of my evidences to support my practice:
If C2 paper has error, after I talk with prescriber, I can fix most of the paper.
Except: I can not fix date for doctor.
Except: I can not fix signature for doctor.
Why pharmacist can not fix date and signature?
Evidence:
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QUOTE FROM: CALIFORNIA BOARD OF PHARMACY:
http://www.pharmacy.ca.gov/licensing/prescribe_dispense.shtml
QUOTE STARTED:
Can a pharmacist fill a prescription for a controlled substance if an error is found on the prescription?
The prescriber's signature and the date written are required to be written by the prescriber. Everything else can be written by the prescriber or his or her agent. Therefore, the pharmacist can make changes to any other information on the prescription as long as the pharmacist verifies the change with the prescriber first.
QUOTE ENDED
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In summary:
DEA wrote: ask state.
State wrote: call doctor, and then fix. Doctor does not have to send any new paper.
What do you think? Agree? Discussion? Teach me.....Thank you very much in advance.....
