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At all times, the patient must request the transfer, the transfer must be communicated between 2 licensed pharmacists, and the prescription must remain in its electronic form.Īdditionally, prescription contents must remain compliant with existing DEA requirements and may not be altered during the electronic transmission process from one pharmacy to the next. The therapeutic management of COVID-19 has evolved with the understanding of its clinical course of infection. The mechanics of the proposed rule impose requirements on the transferring pharmacist and the transferee pharmacist to remain compliant with the new transfer allowance. Clearly the increase in usage of electronic prescribing and technology advancements have driven the decision by the DEA to invoke the proposed rule. The DEA has said many states have some form of electronic requirement for controlled substances, which was not historically the case. This scenario poses a very cumbersome process for patients, pharmacies, and prescribers.Īs a result, the DEA is rethinking its position to allow prescriptions to be fulfilled without impeding patient care. At that point, the patient must contact the physician again and try to have it electronically prescribed to another pharmacy.

The pharmacy is unable to hand the patient an electronic prescription back as it would be able to do with a hard copy.

For example, if a pharmacy receives an electronic prescription for controlled substances that it is unable to fill, it is not able to do anything more than inform the patient of this. However, unlike an unfilled hard copy prescription, an electronic prescription cannot be “handed” to patients so that they may take it to other pharmacy locations for fulfillment. The reasons the DEA set forth in denying a one-time transfer of unfilled hard copy prescriptions is their portability and the patient’s ability to be handed back the prescription by the pharmacist. Notably, the DEA is refusing to allow transfer of unfilled hard copy prescriptions. Now the DEA has opted to change its position solely with respect to electronic prescriptions. DEA regulatory guidance previously made clear that unfilled prescriptions could not be transferred. Under current rules, the DEA does not have developed markers for the transfer of either electronic or paper prescriptions on an initial fill. The amendment would allow transfer of an electronic prescription for Schedule II to V drugs between DEA-registered retail pharmacies on a 1-time basis for an initial fill. The goal is to amend existing rules that do not permit the transfer of prescriptions between pharmacies for the initial fill of a prescription for a controlled substance. The US Drug Enforcement Administration (DEA) has issued a notice of proposed rulemaking to address the transfer of electronically prescribed controlled substances.