New State Law Changes Requirements for Triplicate Drug Prescription Forms

Exerpted from February 2004 Action Report

Currently, under existing law, a prescription for a Schedule II controlled substance must be prescribed on a triplicate prescription blank that is issued by the Department of Justice.

Effective July 1, 2004, a new law eliminates the triplicate prescription requirement for Schedule II controlled substances and, on and after Jan.1, 2005, Schedule II controlled substances prescribers are required to meet the same prescription requirements imposed on other prescribable controlled substances.

Effective Jan.1, 2005, prescriptions for any controlled substance must be issued on controlled substance prescription forms obtained from a security printer approved by the Board of Pharmacy. However, between July 1, 2004, and Jan. 1, 2005, these prescriptions are permitted using either the triplicate form or the security forms.

The new law makes the Controlled Substance Utilization Review and Evaluation System (CURES) program applicable to Schedule III drugs if there is adequate funding. The Department of Justice is in the process of obtaining funds to insure the inclusion of Schedule III drugs.

The law adds Health and Safety Code section 11029.5 that defines the term "security printer" as a person approved to produce controlled substance prescription forms. Additional information on the controlled substance prescription forms can be found at Health and Safety Code section 11161.5. Every practitioner who prescribes a controlled substance classified in Schedule II must make a record that shows all of the following:

1. Name and address of patient
2. Date
3. Name, strength and quantity of the controlled substances

The prescriber's record must show the pathology and purpose for which the controlled substance is prescribed. For each prescription for a Schedule II controlled substance dispensed, the prescriber must record and maintain the following:

1. Full name, address, gender, and date of birth of the patient
2. The prescriber's license number, federal controlled substance registration number, and the state medical license number of any prescriber using the federal controlled substance registration number of a government-exempt facility
3. Pharmacy prescription number, license number, and federal controlled substance registration number
4. National Drug Code number of the controlled substance dispensed
5. Quantity of the controlled substance dispensed
6. ICD-9 (diagnosis code), if available
7. Date of dispensing of the prescription

Each prescriber who dispenses controlled substances must provide the Department of Justice with the information required by this law on a monthly basis in either hard copy or electronic form.

The Board encourages all physicians who prescribe Schedule II controlled substances to read the new codes. Go to: www.leginfo.ca.gov, check Health and Safety Code, scroll down and fill in the new code section 11029.5, and the amended code section 11159.2, and click on search. The intent of this legislation is to increase patient access to appropriate pain medication and prevent the diversion of controlled substances for illicit use, and to provide that the forms required by the act for controlled substance prescriptions may be used to prescribe any prescription drug or device.

Note: Per newly amended Health and Safety Code section 11159.2, a prescription for a Schedule II controlled substance for use by a patient who has a terminal illness will not be subject to Health and Safety Code section 11164.