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Vermont News: New Laws Regarding Schedule II Drugs
Published in the September 2008 Vermont Board of Pharmacy Newsletter
(Title 18 VSA §4215. Authorized Sales By Pharmacists)
In the last three years the Board of Pharmacy has received numerous comments and complaints about the rule that required prescriptions for Schedule II drugs to be filled within 10 days. After consultation with physicians and others affected by the limitation, the Board drafted a proposal to change this law. Because of the way the statutes were written by the legislature, a mere change of the Board’s rules would not alone permit the change. Last fall the Board of Pharmacy gave its proposal to the Office of Professional Regulation, which included it in its yearly bill.
To change the 10-day limitation the Board suggested the language quoted below. The legislature adopted the Board’s suggestions; and, effective July 1, 2008, Vermont law now permits more flexible prescribing of Schedule II drugs.
The discussion of the old limitations on Schedule II drugs prompted the Board of Pharmacy to review all its rules. Its final draft proposal will soon appear on its Web site at http://vtprofessionals.org.
The New Law: 18 VSA §4215
- Prescriptions for Schedule II drugs written without a future fill date may be filled anytime up to 30 days after the prescription issuance date, but not thereafter.
- Prescriptions for Schedule II drugs may now be written with a future fill date and may not be filled before the fill date. Prescriptions must show the date the prescriber actually issues the prescription. In no event can a future fill date prescription be filled more than 90 days after the prescription issuance date.
Under the old law the prescriber who wanted to prescribe a long-term prescription had to write the prescription so that the entire amount was dispensed at once. This led to obvious abuse potential.
Under the new law, the prescriber can have more control over the amount of the drug put into the patient’s hands. For example:
1. On July 1, 2008, a prescription is written for Ritalin®. The prescription has no fill date. The prescription may be filled by a pharmacist any time up to July 31, 2008.
Or using future date prescribing:
2. On July 1, 2008, multiple issue prescriptions are written for Ritalin to be filled as follows:
- one prescription for 30 dosage units immediately;
- one prescription for 30 dosage units for a future fill date of August 1;
- one prescription for 30 dosage units for a future fill date on September 1.
The first 30 dosage units may be dispensed anytime within the first 30 days. (Note: the prescriber may write that the prescriptions must be filled within a certain amount of time shorter than the 30 days, or the prescrip¬tion will be void). The second 30-day prescription may be dispensed after August 1, the third 30-day prescription on September 1.
Note: Multiple issue prescriptions cannot exceed a 90-day supply.
