Tx law, controlled substances questions

This forum made possible through the generous support of SDN members, donors, and sponsors. Thank you.

Rphnewbie

New Member
10+ Year Member
Joined
Jan 27, 2011
Messages
4
Reaction score
0
Dear All,

I am studying for Texas Law Exam. According to the law for transferring between pharmacies of prescription information for cIII-V for refill purposes:
prescription information for cIII-V may be transferred between pharmacies only one time. Does one time mean that between
A & B there is only one time regardless if it's from A to B or vice versa?

The question is that if I transfer a prescription from Pharmacy A to B now.
1) Next month, Can I transfer from B to C?
2) Or if I change my mind and want to refill again at Pharmacy A

Can I do that (assuming all pharmacies located in Texas) ?


Thank you all for your time and help.

Members don't see this ad.
 
I was under the impression that state law dictates that CIII-CV may only be transfered once. If it is transferred from A to B, it cannot be transfered from B to A or from B to C.
 
Dear All,

I am studying for Texas Law Exam. According to the law for transferring between pharmacies of prescription information for cIII-V for refill purposes:
prescription information for cIII-V may be transferred between pharmacies only one time. Does one time mean that between
A & B there is only one time regardless if it's from A to B or vice versa?

The question is that if I transfer a prescription from Pharmacy A to B now.
1) Next month, Can I transfer from B to C?
2) Or if I change my mind and want to refill again at Pharmacy A

Can I do that (assuming all pharmacies located in Texas) ?

Federal law details the requirements for a transfer of a controlled substance prescription. It can only be transfered one time. From the DEA's Pharmacits Manual @ http://www.deadiversion.usdoj.gov/pubs/manuals/pharm2/pharm_manual.htm#4

Transfer of Schedules III-V Prescription Information
A DEA registered pharmacy may transfer original prescription information for schedules III, IV, and V controlled substances to another DEA registered pharmacy for the purpose of refill dispensing between pharmacies, on a one time basis only. However, pharmacies electronically sharing a real-time, on-line database may transfer up to the maximum refills permitted by law and the prescriber's authorization.

Transfers are subject to the following requirements:

1.Write the word "VOID" on the face of the invalidated prescription; for electronic prescriptions, information that the prescription has been transferred must be added to the prescription record.
2.Record on the reverse of the invalidated prescription the name, address, and DEA registration number of the pharmacy to which it was transferred and the name of the pharmacist receiving the prescription information; for electronic prescriptions, such information must be added to the prescription record.
3.Record the date of the transfer and the name of the pharmacist transferring the information.
For paper prescriptions and prescriptions received orally and reduced to writing by the pharmacist, the pharmacist receiving the transferred prescription information must write the word "transfer" on the face of the transferred prescription and reduce to writing all information required to be on a prescription and include:

1.Date of issuance of original prescription.
2.Original number of refills authorized on original prescription.
3.Date of original dispensing
4.Number of valid refills remaining and date(s) and locations of previous refill(s).
5.Pharmacy's name, address, DEA registration number, and prescription number from which the prescription information was transferred.
6.Name of pharmacist who transferred the prescription.
7.Pharmacy's name, address, DEA registration number, and prescription number from which the prescription was originally filled.
For electronic prescriptions being transferred electronically, the transferring pharmacist must provide the receiving pharmacist with the following information in addition to the original electronic prescription data:

1.The date of the original dispensing
2.The number of refills remaining and the date(s) and locations of previous refills
3.The transferring pharmacy's name, address, DEA registration number, and prescription number for each dispensing.
4.The name of the pharmacist transferring the prescription.
5.The name, address, DEA registration number, and prescription number from the pharmacy that originally filled the prescription, if different.
The pharmacist receiving a transferred electronic prescription must create an electronic record for the prescription that includes the receiving pharmacist's name and all of the information transferred with the prescription (listed above).

The original and transferred prescription(s) must be maintained for a period of two years from the date of last refill.

Pharmacies electronically accessing the same prescription record must satisfy all information requirements of a manual mode for prescription transferal.

The procedure allowing the transfer of prescription information for refill purposes is permissible only if allowable under existing State or other applicable law.

Pharmacies electronically sharing a real time, online database may transfer up to the maximum refills permitted by law and the prescriber's authorization.
 
Members don't see this ad :)
Thank you all for the answers. It's been very helpful.
 
Last edited:
If you're within the same system, let's use CVS as an example. You can transfer it back and forth as many times as you want (as long as there are refills). But if you are going to transfer from CVS to Walgreens, then you can only transfer once.
 
If you're within the same system, let's use CVS as an example. You can transfer it back and forth as many times as you want (as long as there are refills). But if you are going to transfer from CVS to Walgreens, then you can only transfer once.


Are you sure about this?
 
I don't think so. Two different CVSs are, by law, considered two different pharmacies. They have two different pharmacy DEA numbers, state board numbers, etc. One transfer means one transfer. It doesn't matter if they are owned by the same corporation. All of the rules apply.

If the pharmacy has a live 24 hour linked system, like Walgreens, it can be transferred back and forth within Walgreens' pharmacies.
 
Is this new in the last few years? Back when I worked for the you could not do this.

from a few posts up:

However, pharmacies electronically sharing a real-time, on-line database may transfer up to the maximum refills permitted by law and the prescriber’s authorization.
 
If the pharmacy has a live 24 hour linked system, like Walgreens, it can be transferred back and forth within Walgreens' pharmacies.

Yes. the statement in the law says "Pharmacies electronically sharing a real time, online database may transfer up to the maximum refills permitted by law and the prescriber's authorization."

In our law class they said only some pharmacy chains had implemented this, particularly for cross-state transfers. While any major chain is theoretically allowed unlimited transfers within the chain under this clause, our law prof told us that many chains either had not implemented an internal policy to cover it , or else had not spent the time/effort to make sure that their online database was fully compliant with the govt's definition, and thus had an internal company policy to just comply with the more restrictive "one transfer only" definition of the law.
 
I've done it before electronically
 
Last edited:
I've done it before electronically
CVS new system RxConnect uses real time but it will not let you transfer prescriptions back and forth it's one and done- I am almost certain that Walgreens stopped that practice as well- but the law does says it's allowable if it's on real time basis.
 
I've transferred a CS script more than once between Walgreens. But I've also been told by pharmacists that "it's illegal." It's not, per the DEA and per our state law. Once I questioned them about it, they did the transfer. I was doing a lot of traveling and had a PRN med I needed to get in a few different cities.
 
I've transferred a CS script more than once between Walgreens. But I've also been told by pharmacists that "it's illegal." It's not, per the DEA and per our state law. Once I questioned them about it, they did the transfer. I was doing a lot of traveling and had a PRN med I needed to get in a few different cities.

I have worked with several pharmacists that always say "It's illegal" for anything they don't want to do. Corny if you ask me.
 
I have worked with several pharmacists that always say "It's illegal" for anything they don't want to do. Corny if you ask me.

OMG yes. It's that pharmacist tendency to make up laws that Old Timer is always talking about. It's straight up true. And annoying. 👎
 
Top