Delaware News: Is an "Office Use" Prescription Valid?

September 1, 2007 3:55 PM

Published in the September 2007 Delaware State Board of Pharmacy Newsletter

The Board has often been asked whether a prescription for “office use” is valid. In essence the answer is “no.” Medications prescribed must be dispensed to a patient. When medication is sent from a pharmacy to a practitioner for dispensing or administration by that practitioner, the transfer of the medication is actually a distribution. Although the transfer of prescription medications is permitted from one licensee (the pharmacy) to another licensee (another pharmacy or practitioner) the transfer is not completed by means of a prescription. Both the seller licensee and the acquiring licensee are required to keep an invoice record of the transaction. The invoice record should have the name, strength, form of the medication, the name and address of both the seller and acquirer, and the date of the sale. The record should be kept in the pharmacy available for Board inspection for a minimum of three years.
There are additional requirements if the medication transferred is a controlled substance (CS). The invoice record in the case of CS should also include the Drug Enforcement Administration (DEA) registration numbers of the seller and acquirer. If the medication is a Schedule II CS, the acquiring purchaser must provide a DEA Form 222 to the supplier before the transfer is completed. Again, the CS records should be kept separate from non-CS and should be available for inspection.
Sales of both non-CS and CS should not exceed 5% of total sales revenue during any 12 consecutive month period.