Cal. Code Regs. Tit. 16, § 1745 - Partial Filling of Schedule II Prescriptions

(a) A prescription for a Schedule II controlled substance (as defined in Health and Safety Code section 11055) may be partially filled, as defined in paragraph (b), if:

(1) The prescription is for an inpatient of a skilled nursing facility as defined in Health and Safety Code section 1250; or

(2) The prescription is for a terminally ill patient. "Terminally ill" as used herein means a patient for whom a licensed physician and surgeon has made and documented a diagnosis of illness or disease that will result in death.

(b) A "partially filled" prescription is a prescription from which only a portion of the amount for which the prescription is written is filled at any one time; provided that regardless of how many times the prescription is partially filled, the total amount dispensed shall not exceed that written on the face of the prescription.

(c) When partially filling a prescription pursuant to subsection (a), all of the following conditions must be met:

(1) The prescription must be tendered and at least partially filled within 60 days following the date of issue;

(2) The pharmacist records the date and amount of each partial filling in a readily retrievable form or on the original prescription, also recording the initials of the pharmacist dispensing the prescription;

(3) No portion of the prescription is dispensed more than 60 days from the date of issuance of the prescription; and

(d) A pharmacist may partially fill a prescription for a controlled substance listed in Schedule II, if the pharmacist is unable to supply the full quantity ordered by the prescriber. The pharmacist shall make a notation of the quantity supplied on the face of the written prescription. The remaining portion of the prescription may be filled within 72 hours of the first partial filling. If the remaining portion is not filled within the 72-hour period, the pharmacist shall notify the prescriber. The pharmacist may not supply the drug after 72 hour period has expired without a new prescription.

Notes

Cal. Code Regs. Tit. 16, § 1745

1. New section filed 9-14-60; designated effective 1-1-61 (Register 60, No. 20). For history of former section see Register 21, No. 7.
2. Repealer filed 8-3-73; effective thirtieth day thereafter (Register 73, No. 31).
3. New section filed 9-3-92; operative 10-5-92 (Register 92, No. 36).
4. Editorial correction of subsection (a)(2) (Register 95, No. 16).
5. Change without regulatory effect amending NOTE filed 9-11-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 37).
6. Amendment of subsection (c)(1) filed 2-10-2003; operative 3-12-2003 (Register 2003, No. 7).
7. Amendment of section and NOTE filed 9-7-2005; operative 10-7-2005 (Register 2005, No. 36).
8. Amendment of subsection (c)(2) filed 2-24-2014; operative 4-1-2014 (Register 2014, No. 9).

Note: Authority cited: Section 4005, Business and Professions Code. Reference: Section 4301, Business and Professions Code; and Sections 11055, 11153, 11154, 11166 and 11200, Health and Safety Code.

1. New section filed 9-14-60; designated effective 1-1-61 (Register 60, No. 20). For history of former section see Register 21, No. 7.
2. Repealer filed 8-3-73; effective thirtieth day thereafter (Register 73, No. 31).
3. New section filed 9-3-92; operative 10-5-92 (Register 92, No. 36).
4. Editorial correction of subsection (a)(2) (Register 95, No. 16).
5. Change without regulatory effect amending Note filed 9-11-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 37).
6. Amendment of subsection (c)(1) filed 2-10-2003; operative 3-12-2003 (Register 2003, No. 7).
7. Amendment of section and Note filed 9-7-2005; operative 10-7-2005 (Register 2005, No. 36).
8. Amendment of subsection (c)(2) filed 2-24-2014; operative 4-1-2014 (Register 2014, No. 9).