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DEA Issues Policy Statement on Role of Agents in Communicating CS Prescriptions
Drug Enforcement Administration (DEA) issued a statement of policy that clarifies the proper role of a duly authorized agent of a DEA-registered individual practitioner in communicating controlled substance (CS) prescription information to a pharmacy. The statement, published October 6, 2010, in the Federal Register, reminds health care providers that a prescription for a CS medication must be issued by a DEA-registered practitioner acting in the usual course of professional practice. Such a practitioner may authorize an agent to “perform in a limited role in communicating such prescriptions to a pharmacy in order to make the prescription process more efficient,” and the guidance emphasizes that medical determinations to prescribe CS medications may be made by the practitioner only.
The specific circumstances in which an agent may assist in communicating prescription information to a pharmacy are detailed and include:
- An authorized agent may prepare the prescription, based on the instructions of the prescribing practitioner, for the signature of that DEA-registered practitioner.
- For a Schedule III–V drug, an authorized agent may transmit a practitioner-signed prescription to a pharmacy via facsimile, or may communicate the prescription orally to a pharmacy on behalf of the practitioner.
- An authorized agent may transmit by facsimile a practitioner-signed Schedule II prescription for a patient in a hospice or long-term care facility (LTCF) on behalf of the practitioner.
The guidance also makes clear that generally, Schedule II prescriptions may not be transmitted by facsimile and that the hospice and LTCF situations are exceptions. Further, Schedule II prescriptions may only be communicated orally by the DEA-registered practitioner and only in emergency situations. DEA stresses that the practitioner should decide who may act as his or her authorized agent and advises that such designation be established in writing. An example written agreement is included along with additional guidance related to designating an authorized agent. DEA also notes that as electronic prescribing for controlled substances is implemented and its use increases, the role of the agent in communicating CS prescriptions will likely be reduced over time.
