Control Rx from out of state

[mona2004]

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Can we fill Erx for control medication in CA send by MD from NY for pt from NY traveling LA?

 

[CetiAlphaFive]

Can we fill Erx for control medication in CA send by MD from NY for pt from NY traveling LA?

 

[GPharm19]

First, what control class is it? CII or CIII-CV? I don't know the CA laws, but I think your best bet is to check the CA Board of Pharmacy website. I checked for you and this is what I found;
This was on the controlled substance home page from the board of pharmacy:

Can a California pharmacy fill a controlled substance prescription written by an out of state prescriber for a patient that is a California resident?

California Code of Regulations section 1717(d), in accordance with Business and Professions Code section 4005(b), in general, allows written and oral prescriptions from out-of-state prescribers. Health and Safety Code 11164.1 allows Schedule CIII-V written by an out of state prescriber to be dispensed, but CII may not unless delivered to the California resident while out of state. Written controlled substance prescriptions must be on a form that meets the requirements for controlled substance prescriptions in the state in which it was prescribed. Pharmacies must verify the prescription. The pharmacist should use his or her best professional judgment when filling out-of-state prescriptions.

Updated 12/19/13

Can a California pharmacy fill a controlled substance prescription written by an out of state prescriber for a patient that resides out of state?

Health and Safety Code 11164.1 allows a California pharmacy to deliver the controlled substance to the patient in another state. The prescription must conform with controlled substance prescription form requirements of the state in which it was written. Schedule III, IV, and V controlled substances may be dispensed pursuant to Health and Safety Code 11164.1(b) but Schedule II must be delivered to the patient in another state per Health and Safety Code 11164.1(a)(1).

Updated 12/19/13.............SOURCE: http://www.pharmacy.ca.gov/licensees/prescribe_dispense.shtml

AND THIS: http://www.pharmacy.ca.gov/publications/eprescribing.pdf

Hate to say this also, but when in doubt, if you don't feel comfortable with it, maybe the best option is to just decline it. I'm sure the patient needs it right away, so let another pharmacy do it, until you find out the correct action per your state law. Then you'll know how to handle it next time

 

[Sine Cura]

Written or oral prescriptions from out-of-state prescribers may be filled (FYI to address the confusing FAQ from the BOP above, written prescriptions must meet the "controlled substance prescription form" requirements specific to California unless they are to be dispensed in a "mail order context" or delivered to a patient in another state, then the written prescriptions must meet the controlled substance prescription requirements of that state. Out-of-state prescribers generally don't have these California-specific forms.) =

There is no regulation that permits e-scripts or faxes for controlled substances from out-of-state prescribers. You can always obtain an oral order for CIII-CV, but not CII (in non-emergency situations).



This answer is based on the following:

Controlled substance prescription defined...

11027. Prescription Defined

(a) "Prescription" means an oral order or electronic transmission prescription for a controlled substance given individually for the person(s) for whom prescribed, directly from the prescriber to the furnisher or indirectly by means of a written order of the prescriber.

(b) "Electronic transmission prescription" includes both image and data prescriptions. "Electronic image transmission prescription" is any prescription order for which a facsimile of the order is received by a pharmacy from a licensed prescriber. "Electronic data transmission prescription" is any prescription order, other than an electronic image transmission prescription, which is electronically transmitted from a licensed prescriber to a pharmacy

These are the requirements for controlled substance prescriptions in California, which allows oral orders (http://law.justia.com/codes/california/2011/hsc/division-10/11150-11180/11164):

Except as provided in Section 11167, no person shall prescribe a controlled substance, nor shall any person fill, compound, or dispense a prescription for a controlled substance, unless it complies with the requirements of this section

(a) Each prescription for a controlled substance classified in Schedule II, III, IV, or V, except as authorized by subdivision (b), shall be made on a controlled substance prescription form as specified in Section 11162.1 and shall meet the following requirements:

...

(b) (1) Notwithstanding paragraph (1) of subdivision (a) of Section 11162.1, any controlled substance classified in Schedule III, IV, or V may be dispensed upon an oral or electronically transmitted prescription, which shall be produced in hard copy form and signed and dated by the pharmacist filling the prescription or by any other person expressly authorized by provisions of the Business and Professions Code. Any person who transmits, maintains, or receives any electronically transmitted prescription shall ensure the security, integrity, authority, and confidentiality of the prescription.

(note: 11162.1(1)(a) is referring to the "void" pattern on a photocopied hard copy; this might show up on a faxed written prescription).

FYI section 11167 refers to emergency dispensing of controlled substances.

Also FYI these are the requirements of controlled substance prescription forms (as a reminder only controlled substance prescriptions may be non-compliant only if they are dispensed in a "mail order" context and shipped to another state for delivery to the end user): https://oag.ca.gov/sites/all/files/agweb/pdfs/security-printers/hsc11162-1.pdf

This section authorizes electronic prescribing of schedule II controlled substances (receipt of "electronic data" transmissions of controlled substance prescriptions) (http://codes.findlaw.com/ca/health-and-safety-code/hsc-sect-11164-5.html):

11164.5. Electronic Prescriptions or Orders to Pharmacies and Hospitals

(a) Notwithstanding Section 11164, with the approval of the California State Board of Pharmacy and the Department of Justice, a pharmacy or hospital may receive electronic data transmission prescriptions or computer entry prescriptions or orders as specified in Section 4071.1 of the Business and Professions Code, for controlled substances in Schedule II, III, IV, or V if authorized by federal law and in accordance with regulations promulgated by the Drug Enforcement Administration. The California State Board of Pharmacy shall maintain a list of all requests and approvals granted pursuant to this subdivision

Now addressing prescriptions (not just controlled substance prescriptions) written by prescribers in another state (http://www.pharmacy.ca.gov/laws_regs/1717_exact.pdf):

(d) A pharmacist may furnish a drug or device pursuant to a written or oral order from a prescriber licensed in a State other than California in accordance with Business and Professions Code Section 4005.

And in case you were wondering what BPC section 4005 says (http://law.onecle.com/california/business/4005.html):

(b) Notwithstanding any provision of this chapter to the contrary, the board may adopt regulations permitting the dispensing of drugs or devices in emergency situations, and permitting dispensing of drugs or devices pursuant to a prescription of a person licensed to prescribe in a state other than California where the person, if licensed in California in the same licensure classification would, under California law, be permitted to prescribe drugs or devices and where the pharmacist has first interviewed the patient to determine the authenticity of the prescription.