DEA Rule Revision: Allows Multiple RXs for Schedule II Drugs

The Drug Enforcement Agency (DEA) has recently announced a proposed regulation allowing physicians to write multiple prescriptions for Schedule II controlled substances to be filled sequentially, up to a 90 day supply. This proposed rule is undergoing a 60- day public comment period ending on November 6, 2006. Comments can be emailed to the DEA at deadiversion.policy@usdoj.gov or by using the federal eRulemaking portal at http://www.regulations.gov. All comments should specify Docket No. DEA-287N.

"The current law prohibits refilling powerful Schedule II controlled substance prescriptions, but the regulation that implement the statue did not address the issuance of multiple prescriptions. There was silence on the regulations on this." stated Karen P. Tandy, DEA Administrator. "We heard from hundreds of doctors and patients about the burdensome requirement of repeated visits to a doctor's office each month to get a new prescription for an already diagnosed chronic condition such as attention deficit disorder/hyperactivity disorder or chronic pain. We hope to fix that, which is why we are proposing the new regulation."

If physicians decide to use multiple prescriptions for appropriate patients, it is important to take proper steps in writing prescriptions in order to prevent misuse or diversion. For example, write 3 separate prescriptions. the first one dated November 1, the second one write "do not fill until November 30"; the third one write "Do not fill until December 30".

It is very important to keep accurate records in the patient's chart so that additional prescriptions are not inadvertently given and it is important to watch for "lost prescriptions". There is a high potential for patients who want to abuse and/or misdirect schedule II drugs to try to "work the system". Make sure that your office is able to keep close tabs on these multiple prescriptions.

The proposed rule can be viewed at http://www.deadiversion.usdoj.gov/fed_regs/rules/2006/fr0906.htm