The Board of Pharmacy recently provided CMA with a letter that physicians can present to pharmacists explaining and authorizing the use of regular, nonsecure prescription pads when prescribing controlled substances for patients in need.

As reported in the July 29 issue of CMA Alert, the state exhausted its supply of triplicate prescriptions earlier than anticipated and was unable to fill some orders received before the July 1 deadline.

The emergency prescription statute (Health and Safety Code §11167) permits the use of regular, nonsecure prescription forms for Schedule II prescriptions in “an emergency where failure to issue a prescription may result in the loss of life or intense suffering.” To do this, physicians simply write “11167” on the regular prescription form and submit it to a pharmacy.

Although section 11167 requires physicians to follow-up by submitting a triplicate or tamper-resistant form to the pharmacist within 7 days of the initial prescription, state Department of Justice (DOJ) and the pharmacy board recognize that because of the lack of proper prescription forms that may be impossible for some physicians. As a result, enforcement of the 7-day rule will be a low priority during the transition period, according to officials with DOJ and the pharmacy board.

The triplicate shortage was caused by an unanticipated increase in physician orders in the days before the July 1 ordering deadline for triplicates, which are being phased out of use during the next six months. During this transition period, both the current triplicate forms and the new tamper-resistant forms and may be used for prescribing Schedule II drugs. Beginning January 1, all prescriptions for controlled substances (Schedules II-V) must be written on the new, secure prescription forms. CMA continues to work with state officials and others to ensure the transition from triplicates to the new tamper-resistant forms is as easy and inexpensive as possible.

Click here to download a copy of the pharmacy board's letter.

Contact: CMA’s legal information line, 415/882-5144 or legalinfo@cmanet.org.