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  #1  
Old 22-03-2012, 22:56
UptownToodeloo UptownToodeloo is offline
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Question about Prescription Fill Rule for Controlled Substance. (NY)

Hello folks, my name is Brendon. Short background, I'm someone who used to be moderately dependent on opiates, and now I am trying to get on a better track, and am being prescribed Suboxone films. I haven't used any other opiate for at least 4 months, getting close to 5.

My question is related to Prescription Filling rules for Controlled Substances regarding to Federal or New York State law. I believe Suboxone is Schedule III but I have not found sufficient information online to answer my specific question regarding my own situation.

At the beginning of this month, I ran short on my last 30 supply for Suboxone by a few days, I will admit, because I had used more than the maximum daily dose a few days trying to relax anxiety. You are welcome to scold and lecture me on my behavior if you wish, I know it is a stupid choice, and as you will see I will regret majorly again.. Luckily my prescribing physician I was scheduled to meet technically before that prescription was supposed to run out. When I took my new prescription to the pharmacy I learned about the 7 day rule, which is apparently a federal rule, that says something that like, a prescription can not be filled for a controlled substance within 30 days of the last prescription fill, until the user has but exhausted a 7 day supply of the last one.

My maximum daily dose is 1 strip, I get a 30 day prescription written, so 30 strips, but my next appointments with my Suboxone doctor are always 4 weeks later, not 30 days later.

Unfortunately nearing a month since my last prescription fill, I have realized that I have again mismanaged my prescription, taking more than prescribed, not caring until later on when I get into this predicament.

My specific question that I can't seem to figure out, just from knowing of this existing 7 day regulation, is about what counts as the start of 30 days for my last prescription, to figure out if I will be able to fill it the day I get the prescription written. I assume New York has an extensive prescription monitoring database keeping track of my prescriptions, so I am curious if it will be counted as 30 days from the day I actually had it filled, or from the day that it should have started if I had used the previous prescription the whole 30 days, as to know when exactly I am within the limits of the 7 day rule this current time. If it is not from the actual fill date but instead when it should been filled not 1 day early, then I can not have it filled the day it is written.

I know that from the way I described the 7 day rule it would be from when it was last filled, but I do not write it like that with any true confident knowledge of the answer to my question. Plus I somewhat remember my pharmacist telling me the next time I could fill was the date 7 days before if the last two prescriptions were honestly used in length, but I do not remember what he said for sure, so I could be making things up in my head.

Also, I do not think this is possible given a prescription monitoring database, but is it possible to get around the rule if I take it to another pharmacy?

A confident knowing answer, such as from a pharmacist, or anyone who understands these laws and the system greatly, or even someone with addictive behavior who has been through this situation before, I would prefer no one to speculate about what, that is all I have been doing.

It is a significant misfortune I am directly responsible for putting myself through by ignoring the recommendation of the prescription, and as it is the second time, my next prescription I absolutely will not be going over the maximum daily dose, at all, whatsoever, because the situation is one of anxiety not knowing if I will be able to have the medicine I need to function in my life every single day, or if I will have to suffer physically and psychologically as a result, and somehow try to sp???? out my remaining medication. It is also a reminder of what being dependent is like, and a motivation for me to hopefully soon start weaning off Suboxone entirely.

Thank you for any input.

Post Quality Evaluations:
By only requesting information from extremely knowledgable parties, you closed yourself off to all sorts of other replies. I understand why you did so, but even speculative responses could offer good insight or tips on where to find the info you need
  #2  
Old 14-08-2012, 11:37
BreakingGood BreakingGood is offline
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Re: Question about Prescription Fill Rule for Controlled Substance. (NY)

Alternate pharmacies and you will never have a problem. The DEA has bigger fish to fry. Your doctor can look on the database, but as long as he's not getting desperate phone calls, and you're within seven days, the worst than can happen is he'll tut-tut. The pharmacist on the other hand wont fill it early because of the pressure he's under. Do him a favor and take it to a different pharmacy so everyone's covered from the bureaucrats. Doctirs like you to be a bit ahead so that they dont get weekend phone calls. )
  #3  
Old 14-08-2012, 13:26
Phenoxide Phenoxide is offline
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Re: Question about Prescription Fill Rule for Controlled Substance. (NY)

From New York State statutes on public health, Article 33, Title 4, § 3339 (Controlled Substances, Dispensing to Ultimate Users, Refilling of prescriptions for controlled substances):

Quote:
3. Unless an earlier refilling is authorized by the prescriber, no prescription for a controlled substance may be refilled earlier than seven days prior to the date the previously dispensed supply would be exhausted if used in conformity with the directions for use.
So it'd seem to be based on the expected remaining supply rather than fill date, though it's not entirely clear on whether they carry over the expected remainder of previous prescriptions though. For example if the new prescription is written 28 days after the original then the person would be expected to have 2 strips left. If they refill that day then they'd be expected to have a 32 day supply rather than 30, which may mean the earliest next refill (unless the pharmacist is advised otherwise by the doctor) would be slightly later, 25 days rather than 23. The wording is a bit ambiguous as to whether cumulative previous scripts are taken into account - I'd assume so since the intention is to ensure that nobody is stockpiling medication in excess of what has been deemed medically necessary.

Quote:
Also, I do not think this is possible given a prescription monitoring database, but is it possible to get around the rule if I take it to another pharmacy?
State law requires electronic records to be maintained by both prescribing doctor and dispensing pharmacy. Pharmacists are also legally obligated to check the real-time registry before dispensing. Unless that other pharmacy is violating state law then they're going to be checking all the same records.

Last edited by Phenoxide; 14-08-2012 at 13:39.
  #4  
Old 22-08-2012, 15:45
Master_Khan Master_Khan is offline
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Re: Question about Prescription Fill Rule for Controlled Substance. (NY)

in my experience, no cumulative count is taken into account and the "shot clock" is refreshed with every prescription from the date of fill. Hope this helps and good luck getting to the wean. BTW this is why it's important to get right to the pharmacy the day a scrip is written because the shot clock doesn't start until it's filled.
  #5  
Old 31-08-2012, 19:40
UptownToodeloo UptownToodeloo is offline
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Re: Question about Prescription Fill Rule for Controlled Substance. (NY)

Thanks everyone for the responses, although they did not come on time lol. I took it to a different pharmacy just in case and had it filled the day of. The pharmacy I took it too is pretty meticulous so it would appear then that there is no cumulative count of past early days, otherwise I wouldn't have gotten the prescription. I did happen to read through the prescribing laws for New York State umpteen times through before the day of, and it wasn't that it was confusing, it just didn't seem to be entirely clear on the cumulative question. It's also a little bit unclear in that I don't think controlled substances can be written for greater than 30 days, and yet that use refill in the CS prescribing language.

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law and medicine, pharmacies, prescription opiates, prescription opioid narcotics, suboxone

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