Days supply limit on CII Rx in CA?

[meister]

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I work for CVS in CA as a pharmacy tech and I had a question for you all. My store received an Rx for Ritalin 10mg tid #360 with 3 refills. Now, I know refills are strictly prohibited by the controlled substance act and thus are invalidated. However, I can find no legal restriction on the days supply of the original fill for a CII.

My two store pharmacists disagree, one saying 30 days supply max and the other saying unlimited within his discretion. I've scoured both the DEA website, the pharmacy law book and even called our local DEA office (who told me it was state law), so my question to you is: what the hell is the answer?!

 

[soyroger]

A CII script with refills written in CA (or maybe anywhere else for that matter) is illegal/invalid in its entirety I believe. I don't think you can just ignore the illegal part and proceed with the rest as though it were legal. I'm not totally sure about this, but if it is legal I'd go with 30 days. Even CIIIs and CIVs have a max limit of 120 days total for the initial fill plus 5 fills (CA Health and Safety Code sec. 11200).

 

[patmcd]

I'm going to go with no more than 30 days. Other wise what would the point be of not allowing refills?

 

[Doctor M]

federal law does not prohibit a 3 month supply. If your state law prohibits it, then the stricter law applies. Some states require a diagnosis on the rx in order to dispense a 3 month supply. Its funny how CIII are restricted to 1 month but CII are not. If Im wrong on this, let me know!!😀

 

[patmcd]

federal law does not prohibit a 3 month supply. If your state law prohibits it, then the stricter law applies. Some states require a diagnosis on the rx in order to dispense a 3 month supply. Its funny how CIII are restricted to 1 month but CII are not. If Im wrong on this, let me know!!😀

CIII are not. They are only limited to rx's good for 6 months or 5 refills.

 

[Doctor M]

CIII are not. They are only limited to rx's good for 6 months or 5 refills.

http://www.doh.state.fl.us/mqa/pharmacy/info_dearuling.pdf

I guess this article may help, but I think it may be state specific? Good luck!!

 

[meister]

Just as I thought, no one really knows! I'm starting to suspect that in California the limits are:

CII: no limit (standard of practice applies)
CIII: 120 days
CIV: 120 days
CV: no limit (standard of practice applies)

My pharmacy manager is actually good friends with one of the pharmacists at the state board so he's going to call him tomorrow to ask him personally. Guess we'll see then.

 

[meister]

In case anyone cares, there is no strict limit for a single CII prescription when it comes to days supply, or CV for that matter. CIII and CIV is 120 days.

However, if a physician utilizes the new multiple CII Rx for same medication on same day protocol that the DEA just allowed, there is a 90 day restriction total for Rx's written that day.

Seems like federalism gone mad if you ask me.