Amended in Senate April 23, 2014

Amended in Senate March 25, 2014

Senate Bill No. 1258

Introduced by Senator DeSaulnier

February 21, 2014

An act to amend Sections 4071 and 4072 of the Business and Professions Code, and to amend Sections 11151, 11158, 11164, 11164.1, 11164.5, 11165, 11165.1, 11165.5, 11166, and 11200 of the Health and Safety Code, relating to controlled substances.

LEGISLATIVE COUNSEL’S DIGEST

SB 1258, as amended, DeSaulnier. Controlled substances: prescriptions: reporting.

(1) Existing law classifies certain controlled substances into designated schedules. Existing law requires the Department of Justice to maintain the Controlled Substance Utilization Review and Evaluation System (CURES) for the electronic monitoring of the prescribing and dispensing of Schedule II, Schedule III, and Schedule IV controlled substances by all practitioners authorized to prescribe or dispense these controlled substances. Existing law requires specified information regarding prescriptions for Schedule II, Schedule III, and Schedule IV controlled substances, including the ultimate user of the prescribed controlled substance and the National Drug begin delete Control end delete begin insert Code end insert number of the controlled substance dispensed, to be reported to the Department of Justice.

This bill would additionally require the prescribing and dispensing of Schedule V controlled substances to be monitored in CURES and would require specified information regarding prescriptions for Schedule V controlled substances to be reported to the Department of Justice.

(2) Existing law requires licensed health care practitioners, as specified, and pharmacists to apply to the Department of Justice to obtain approval to access information contained in the CURES Prescription Drug Monitoring begin delete System end delete begin insert Program end insert (PDMP) regarding the controlled substance history of a patient under his or her care. Existing law requires the Department of Justice, upon approval of that application, to provide to that health care practitioner or pharmacist the history of controlled substances dispensed to an individual under his or her care.

This bill would also authorize an individual designated to investigate begin delete an applicant for, or end delete a holder begin delete of, end delete begin insert of end insert a professional license to apply to the Department of Justice to obtain approval to access information contained in the CURES PDMP regarding the controlled substance history of begin delete an applicant or end delete a licensee for the purpose of investigating the alleged substance abuse of begin delete an applicant or end delete a licensee. The bill would, upon approval of that application, require the department to provide to that individual the history of controlled substances dispensed to the applicant or licensee.

(3) Existing law generally requires, subject to specified exceptions, that a prescription for Schedule II, Schedule III, Schedule IV, or Schedule V controlled substances be made on a certain controlled substance prescription form and meet several requirements, including that the prescription be signed and dated by the prescriber in ink. Existing law authorizes, as an exception to that requirement, a Schedule III, Schedule IV, or Schedule V controlled substance to be dispensed upon an oral or electronically transmitted prescription, which must be produced in hard copy form and signed and dated by the pharmacist filling the prescription or another authorized person.

This bill would instead require, subject to specified exceptions, begin insert commencing January 1, 2016, end insert that a prescription for a controlled substance be made by an electronically transmitted prescription that complies with regulations promulgated by the Drug Enforcement Agency, which, except as specified, must be produced in hard copy form and signed and dated by the pharmacist filling the prescription or another authorized person. begin insert The bill would provide that those requirements apply to medical practices with 2 or fewer physicians and medical providers in underserved rural areas commencing January 1, 2017. end insert

(4) Existing law prohibits a prescription for a Schedule II controlled substance from being refilled and prohibits a prescription for a Schedule III or IV controlled substance from being refilled more than 5 times and in an amount, for all refills of that prescription taken together, exceeding a 120-day supply.

This bill would prohibit, subject to specified exceptions, a person from prescribing a controlled substance, or filling, compounding, or dispensing a prescription for a controlled substance, in a quantity exceeding a begin delete 30 day end delete begin insert 30-day end insert supply. The bill would also prohibit a person from issuing a prescription for a controlled substance, or from filling, compounding, or dispensing a prescription for a controlled substance, for an ultimate user for whom a previous prescription for begin delete a end delete begin insert that end insert controlled substance was issued within the immediately preceding 30 days until the ultimate user has exhausted all but a 7-day supply of begin delete the end delete begin insert that end insert controlled substance filled, compounded, or dispensed from the previous prescription.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 4071 of the Business and Professions
Code is amended to read:

4071.  

Notwithstanding any other begin delete provision of end delete law, a prescriber
may authorize his or her agent on his or her behalf to orally or
electronically transmit a prescription to the furnisher. The furnisher
shall make a reasonable effort to determine whether the person
who transmits the prescription is authorized to do so and shall
record the name of the authorized agent of the prescriber who
transmits the order.

SEC. 2.  

Section 4072 of the Business and Professions Code is
amended to read:

4072.  

(a) Notwithstanding any other law, a pharmacist,
registered nurse, licensed vocational nurse, licensed psychiatric
technician, or other healing arts licentiate, if so authorized by
administrative regulation, who is employed by or serves as a
consultant for a licensed skilled nursing, intermediate care, or other
health care facility, may orally or electronically transmit to the
furnisher a prescription lawfully ordered by a person authorized
to prescribe drugs or devices pursuant to Sections 4040 and 4070.
The furnisher shall take appropriate steps to determine whether
the person who transmits the prescription is authorized to do so
and shall record the name of the person who transmits the order.
This section does not apply to oral orders for Schedule II controlled
substances.

(b) In enacting this section, the Legislature recognizes and
affirms the role of the State Department of Public Health in
regulating drug order processing requirements for licensed health
care facilities as set forth in Title 22 of the California Code of
Regulations as they may be amended from time to time.

SEC. 3.  

Section 11151 of the Health and Safety Code is
amended to read:

11151.  

A prescription issued by an unlicensed person lawfully
practicing medicine pursuant to Section 2065 of the Business and
Professions Code, shall be filled only at a pharmacy maintained
in the hospital which employs begin delete such end delete begin insert that end insert unlicensed person.

SEC. 4.  

Section 11158 of the Health and Safety Code is
amended to read:

11158.  

(a)  Except as provided in Section 11159, 11159.1,
11159.2, 11167, or 11167.5, or in subdivision (b) of this section,
a controlled substance classified in Schedule II shall not be
dispensed without a prescription meeting the requirements of this
chapter. Except as provided in Section 11159, 11159.1, 11159.2,
11167, or 11167.5, or when dispensed directly to an ultimate user
by a practitioner, other than a pharmacist or pharmacy, a controlled
substance classified in Schedule III, IV, or V shall not be dispensed
without a prescription meeting the requirements of this chapter.

(b)  A practitioner specified in Section 11150 may dispense
directly to an ultimate user a controlled substance classified in
Schedule II in an amount not to exceed a 72-hour supply for the
patient in accordance with directions for use given by the
dispensing practitioner only if the patient is not expected to require
any additional amount of the controlled substance beyond the 72
hours.

(c)  Except as otherwise prohibited or limited by law, a
practitioner specified in Section 11150, may administer controlled
substances in the regular practice of his or her profession.

SEC. 5.  

Section 11164 of the Health and Safety Code is
amended to read:

11164.  

Except as provided in Section 11158, 11159, 11159.1,
11159.2, 11167, or 11167.5, a person shall not prescribe a
controlled substance, nor shall any person fill, compound, or
dispense a prescription for a controlled substance, unless it
complies with the requirements of this section.

(a) (1)  begin delete A end delete begin insert (A) end insert begin insert   end insert begin insert Except as provided in subparagraph (B),
commencing January 1, 2016, a end insert prescription for a controlled
substance classified in Schedule II, III, IV, or V shall be made by
an electronically transmitted prescription that complies with
regulations promulgated by the begin insert United States end insert Drug Enforcement
begin delete Agency end delete begin insert Administration end insert , which shall be produced in hard copy
form and signed and dated by the pharmacist filling the prescription
or by any other person expressly authorized by provisions of the
Business and Professions Code. Any person who transmits,
maintains, or receives any electronically transmitted prescription
shall ensure the security, integrity, authority, and confidentiality
of the prescription.

begin insert

(B) For medical practices with two or fewer physicians, and
for medical providers in underserved rural areas, the requirements
in subparagraph (A) shall apply commencing January 1, 2017.

end insert

(2) A prescription issued pursuant to this subdivision shall meet
the following requirements:

(A) The prescription shall contain the prescriber’s address and
telephone number; the name of the ultimate user or research
subject, or contact information as determined by the Secretary of
the United States Department of Health and Human Services; refill
information, such as the number of refills ordered and whether the
prescription is a first-time request or a refill; and the name,
quantity, strength, and directions for use of the controlled substance
prescribed.

(B) The prescription shall contain the address of the person for
whom the controlled substance is prescribed. If the prescriber does
not specify this address on the prescription, the pharmacist filling
the prescription or an employee acting under the direction of the
pharmacist shall include the address on the prescription or maintain
this information in a readily retrievable form in the pharmacy.

(3) Pursuant to an authorization of the prescriber, an agent of
the prescriber on behalf of the prescriber may electronically
transmit a prescription for a controlled substance classified in
Schedule II, III, IV, or V, if the prescription specifies the name of
the agent of the prescriber transmitting the prescription.

(b) (1) A prescription for a controlled substance classified in
Schedule II, III, IV, or V, may be written on a controlled substance
prescription form as specified in Section 11162.1, or for a
controlled substance classified in Schedule III, IV, or V, may be
made orally, if technological failure prevents the electronic
transmission of a prescription pursuant to subdivision (a) or if the
prescription will be filled by a pharmacist located outside of
California, provided that the order contains all information required
by subdivision (a) and, if the prescription is written on a controlled
substance prescription form, is signed and dated by the prescriber
in ink.

(2) If a prescriber is permitted to make an oral prescription
pursuant to this section, pursuant to an authorization of the
prescriber, an agent of the prescriber on behalf of the prescriber
may orally transmit a prescription for a controlled substance
classified in Schedule II, III, IV, or V, if the written record of the
prescription specifies the name of the agent of the prescriber
transmitting the prescription.

(c) The use of commonly used abbreviations shall not invalidate
an otherwise valid prescription.

(d) Notwithstanding any provision of subdivisions (a) and (b),
prescriptions for a controlled substance classified in Schedule V
may be for more than one person in the same family with the same
medical need.

SEC. 6.  

Section 11164.1 of the Health and Safety Code is
amended to read:

11164.1.  

(a) (1) Notwithstanding any other law, a prescription
for a controlled substance issued by a prescriber in another state
for delivery to a patient in another state may be dispensed by a
California pharmacy, if the prescription conforms with the
requirements for controlled substance prescriptions in the state in
which the controlled substance was prescribed.

(2) All prescriptions for Schedule II, Schedule III, Schedule IV,
and Schedule V controlled substances dispensed pursuant to this
subdivision shall be reported by the dispensing pharmacy to the
Department of Justice in the manner prescribed by subdivision (d)
of Section 11165.

(b) Pharmacies may dispense prescriptions for Schedule III,
Schedule IV, and Schedule V controlled substances from
out-of-state prescribers pursuant to Section 4005 of the Business
and Professions Code and Section 1717 of Title 16 of the California
Code of Regulations.

SEC. 7.  

Section 11164.5 of the Health and Safety Code is
amended to read:

11164.5.  

(a)  A pharmacy or hospital shall receive electronic
data transmission prescriptions or computer entry prescriptions or
orders as specified in Section 4071.1 of the Business and
Professions Code, for controlled substances in Schedule II, III, IV,
or V in accordance with regulations promulgated by the begin insert United
States end insert Drug Enforcement Administration.

(b)  Notwithstanding paragraph (1) of subdivision (a) of Section
11164, a pharmacy or hospital receiving an electronic transmission
prescription or a computer entry prescription or order for a
controlled substance classified in Schedule II, III, IV, or V is not
required to reduce that prescription or order to writing or to hard
copy form, if for three years from the last day of dispensing that
prescription, the pharmacy or hospital is able, upon request of the
board or the Department of Justice, to immediately produce a hard
copy report that includes for each date of dispensing of a controlled
substance in Schedules II, III, IV, and V pursuant to the
prescription all of the information described in subparagraphs (A)
to (E), inclusive, of paragraph (1) of subdivision (a) of Section
4040 of the Business and Professions Code and the name or
identifier of the pharmacist who dispensed the controlled substance.

(c)  If only recorded and stored electronically, on magnetic
media, or in any other computerized form, the pharmacy’s or
hospital’s computer system shall not permit the received
information or the controlled substance dispensing information
required by this section to be changed, obliterated, destroyed, or
disposed of, for the record maintenance period required by law,
once the information has been received by the pharmacy or the
hospital and once the controlled substance has been dispensed,
respectively. Once the controlled substance has been dispensed,
if the previously created record is determined to be incorrect, a
correcting addition may be made only by or with the approval of
a pharmacist. After a pharmacist enters the change or enters his
or her approval of the change into the computer, the resulting
record shall include the correcting addition and the date it was
made to the record, the identity of the person or pharmacist making
the correction, and the identity of the pharmacist approving the
correction.

(d)  Nothing in this section shall be construed to exempt any
pharmacy or hospital dispensing Schedule II controlled substances
pursuant to electronic transmission prescriptions from existing
reporting requirements.

SEC. 8.  

Section 11165 of the Health and Safety Code is
amended to read:

11165.  

(a) To assist health care practitioners in their efforts
to ensure appropriate prescribing, ordering, administering,
furnishing, and dispensing of controlled substances, law
enforcement and regulatory agencies in their efforts to control the
diversion and resultant abuse of Schedule II, Schedule III, Schedule
IV, and Schedule V controlled substances, and for statistical
analysis, education, and research, the Department of Justice shall,
contingent upon the availability of adequate funds in the CURES
Fund, maintain the Controlled Substance Utilization Review and
Evaluation System (CURES) for the electronic monitoring of, and
Internet access to information regarding, the prescribing and
dispensing of Schedule II, Schedule III, Schedule IV, and Schedule
V controlled substances by all practitioners authorized to prescribe,
order, administer, furnish, or dispense these controlled substances.

(b) The Department of Justice may seek and use grant funds to
pay the costs incurred by the operation and maintenance of
CURES. The department shall annually report to the Legislature
and make available to the public the amount and source of funds
it receives for the support of CURES.

(c) (1) The operation of CURES shall comply with all
applicable federal and state privacy and security laws and
regulations.

(2) CURES shall operate under existing law to safeguard the
privacy and confidentiality of patients. Data obtained from CURES
shall only be provided to appropriate state, local, and federal public
agencies for disciplinary, civil, or criminal purposes and to other
agencies or entities, as determined by the Department of Justice,
for the purpose of educating practitioners and others in lieu of
disciplinary, civil, or criminal actions. Data may be provided to
public or private entities, as approved by the Department of Justice,
for educational, peer review, statistical, or research purposes,
provided that patient information, including any information that
may identify the patient, is not compromised. Further, data
disclosed to an individual or agency as described in this subdivision
shall not be disclosed, sold, or transferred to a third party. The
Department of Justice shall establish policies, procedures, and
regulations regarding the use, access, evaluation, management,
implementation, operation, storage, disclosure, and security of the
information within CURES, consistent with this subdivision.

(d) For each prescription for a Schedule II, Schedule III,
Schedule IV, or Schedule V controlled substance, as defined in
the controlled substances schedules in federal law and regulations,
specifically Sections 1308.12, 1308.13, 1308.14, and 1308.15,
respectively, of Title 21 of the Code of Federal Regulations, the
dispensing pharmacy, clinic, or other dispenser shall report the
following information to the Department of Justice as soon as
reasonably possible, but not more than seven days after the date a
controlled substance is dispensed, in a format specified by the
Department of Justice:

(1) Full name, address, and, if available, telephone number of
the ultimate user or research subject, or contact information as
determined by the Secretary of the United States Department of
Health and Human Services, and the gender, and date of birth of
the ultimate user.

(2) The prescriber’s category of licensure, license number,
begin delete national provider identifier end delete begin insert National Provider Identifier end insert (NPI)
number, if applicable, the 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, NPI number,
and federal controlled substance registration number.

(4) National Drug Code (NDC) number of the controlled
substance dispensed.

(5) Quantity of the controlled substance dispensed.

(6) International Statistical Classification of Diseases, 9th
revision (ICD-9) or 10th revision (ICD-10) Code, if available.

(7) Number of refills ordered.

(8) Whether the drug was dispensed as a refill of a prescription
or as a first-time request.

(9) Date of origin of the prescription.

(10) Date of dispensing of the prescription.

(e) The Department of Justice may invite stakeholders to assist,
advise, and make recommendations on the establishment of rules
and regulations necessary to ensure the proper administration and
enforcement of the CURES database. All prescriber and dispenser
invitees shall be licensed by one of the boards or committees
identified in subdivision (d) of Section 208 of the Business and
Professions Code, in active practice in California, and a regular
user of CURES.

(f) The Department of Justice shall, prior to upgrading CURES,
consult with prescribers licensed by one of the boards or
committees identified in subdivision (d) of Section 208 of the
Business and Professions Code, one or more of the boards or
committees identified in subdivision (d) of Section 208 of the
Business and Professions Code, and any other stakeholder
identified by the department, for the purpose of identifying
desirable capabilities and upgrades to the CURES Prescription
Drug Monitoring Program (PDMP).

(g) The Department of Justice may establish a process to educate
authorized subscribers of the CURES PDMP on how to access and
use the CURES PDMP.

SEC. 9.  

Section 11165.1 of the Health and Safety Code is
amended to read:

11165.1.  

(a) (1) (A) (i) A health care practitioner authorized
to prescribe, order, administer, furnish, or dispense Schedule II,
Schedule III, Schedule IV, or Schedule V controlled substances
pursuant to Section 11150 shall, before January 1, 2016, or upon
receipt of a federal Drug Enforcement Administration (DEA)
registration, whichever occurs later, submit an application
developed by the Department of Justice to obtain approval to access
information online regarding the controlled substance history of
a patient that is stored on the Internet and maintained within the
Department of Justice, and, upon approval, the department shall
release to that practitioner the electronic history of controlled
substances dispensed to an individual under his or her care based
on data contained in the CURES Prescription Drug Monitoring
Program (PDMP).

(ii) A pharmacist shall, before January 1, 2016, or upon
licensure, whichever occurs later, submit an application developed
by the Department of Justice to obtain approval to access
information online regarding the controlled substance history of
a patient that is stored on the Internet and maintained within the
Department of Justice, and, upon approval, the department shall
release to that pharmacist the electronic history of controlled
substances dispensed to an individual under his or her care based
on data contained in the CURES PDMP.

(iii) An individual designated by a board, bureau, or program
within the Department of Consumer Affairs to investigate begin delete an
applicant for, or end delete a holder of begin delete , end delete a professional license may, for the
purpose of investigating the alleged substance abuse of begin delete an applicant
or end delete a licensee, submit an application developed by the Department
of Justice to obtain approval to access information online regarding
the controlled substance history of begin delete an applicant or end delete a licensee that
is stored on the Internet and maintained within the Department of
Justice, and, upon approval, the department shall release to that
individual the electronic history of controlled substances dispensed
to the begin delete applicant or end delete licensee based on data contained in the CURES
PDMP. begin insert The application shall contain facts demonstrating the
probabl end insert begin insert e cause to believe the licensee has violated a law governing
controlled substances. end insert

(B) An application may be denied, or a subscriber may be
suspended, for reasons which include, but are not limited to, the
following:

(i) Materially falsifying an application for a subscriber.

(ii) Failure to maintain effective controls for access to the patient
activity report.

(iii) Suspended or revoked federal DEA registration.

(iv) Any subscriber who is arrested for a violation of law
governing controlled substances or any other law for which the
possession or use of a controlled substance is an element of the
crime.

(v) Any subscriber accessing information for any other reason
than caring for his or her patients.

(C) Any authorized subscriber shall notify the Department of
Justice within 30 days of any changes to the subscriber account.

(2) A health care practitioner authorized to prescribe, order,
administer, furnish, or dispense Schedule II, Schedule III, Schedule
IV, or Schedule V controlled substances pursuant to Section 11150
or a pharmacist shall be deemed to have complied with paragraph
(1) if the licensed health care practitioner or pharmacist has been
approved to access the CURES database through the process
developed pursuant to subdivision (a) of Section 209 of the
Business and Professions Code.

(b) Any request for, or release of, a controlled substance history
pursuant to this section shall be made in accordance with guidelines
developed by the Department of Justice.

(c) In order to prevent the inappropriate, improper, or illegal
use of Schedule II, Schedule III, Schedule IV, or Schedule V
controlled substances, the Department of Justice may initiate the
referral of the history of controlled substances dispensed to an
individual based on data contained in CURES to licensed health
care practitioners, pharmacists, or both, providing care or services
to the individual.

(d) The history of controlled substances dispensed to an
individual based on data contained in CURES that is received by
an authorized subscriber from the Department of Justice pursuant
to this section shall be considered medical information subject to
the provisions of the Confidentiality of Medical Information Act
contained in Part 2.6 (commencing with Section 56) of Division
1 of the Civil Code.

(e) Information concerning a patient’s controlled substance
history provided to an authorized subscriber pursuant to this section
shall include prescriptions for controlled substances listed in
Sections 1308.12, 1308.13, 1308.14, and 1308.15 of Title 21 of
the Code of Federal Regulations.

SEC. 10.  

Section 11165.5 of the Health and Safety Code is
amended to read:

11165.5.  

(a) The Department of Justice may seek voluntarily
contributed private funds from insurers, health care service plans,
qualified manufacturers, and other donors for the purpose of
supporting CURES. Insurers, health care service plans, qualified
manufacturers, and other donors may contribute by submitting
their payment to the Controller for deposit into the CURES Fund
established pursuant to subdivision (c) of Section 208 of the
Business and Professions Code. The department shall make
information about the amount and the source of all private funds
it receives for support of CURES available to the public.
Contributions to the CURES Fund pursuant to this subdivision
shall be nondeductible for state tax purposes.

(b) For purposes of this section, the following definitions apply:

(1) “Controlled substance” means a drug, substance, or
immediate precursor listed in any schedule in Section 11055,
11056, 11057, or 11058 of the Health and Safety Code.

(2) “Health care service plan” means an entity licensed pursuant
to the Knox-Keene Health Care Service Plan Act of 1975 (Chapter
2.2 (commencing with Section 1340) of Division 2 of the Health
and Safety Code).

(3) “Insurer” means an admitted insurer writing health insurance,
as defined in Section 106 of the Insurance Code, and an admitted
insurer writing workers’ compensation insurance, as defined in
Section 109 of the Insurance Code.

(4) “Qualified manufacturer” means a manufacturer of a
controlled substance, but does not mean a wholesaler or nonresident
wholesaler of dangerous drugs, regulated pursuant to Article 11
(commencing with Section 4160) of Chapter 9 of Division 2 of
the Business and Professions Code, a veterinary food-animal drug
retailer, regulated pursuant to Article 15 (commencing with Section
4196) of Chapter 9 of Division 2 of the Business and Professions
Code, or an individual regulated by the Medical Board of
California, the Dental Board of California, the California State
Board of Pharmacy, the Veterinary Medical Board, the Board of
Registered Nursing, the Physician Assistant Committee of the
Medical Board of California, the Osteopathic Medical Board of
California, the State Board of Optometry, or the California Board
of Podiatric Medicine.

SEC. 11.  

Section 11166 of the Health and Safety Code is
amended to read:

11166.  

A person shall not fill a prescription for a controlled
substance after six months has elapsed from the date the
prescription was issued by the prescriber. A person shall not
knowingly fill a mutilated or forged or altered prescription for a
controlled substance except for the addition of the address of the
person for whom the controlled substance is prescribed as provided
by paragraph (2) of subdivision (b) of Section 11164.

SEC. 12.  

Section 11200 of the Health and Safety Code is
amended to read:

11200.  

(a) A person shall not dispense or refill a controlled
substance prescription more than six months after the date thereof.

(b) (1) Except as provided in paragraph (2), a person shall not
prescribe a controlled substance, nor shall a person fill, compound,
or dispense a prescription for a controlled substance, in a quantity
exceeding a 30-day supply.

(2) A person may prescribe a controlled substance, and a person
may fill, compound, or dispense a prescription for a controlled
substance, in a quantity not exceeding a 90-day supply if the
prescription is issued in the treatment of one of the following:

(A) A panic disorder.

(B) Attention deficit disorder.

(C) A chronic debilitating neurologic condition characterized
as a movement disorder or exhibiting seizure, convulsive, or spasm
activity.

(D) Pain in patients with conditions or diseases known to be
chronic or incurable.

(E) Narcolepsy.

begin insert

(F) Any other condition or circumstance for which the physician
determines is a medical necessity, provided the reason for the
medical necessity is noted in the prescription and in the patient’s
medical record.

end insert

(c) (1) A prescription for a Schedule III or IV substance shall
not be refilled more than five times and in an amount, for all refills
of that prescription taken together, exceeding a 120-day supply.

(2) A prescription for a Schedule II substance shall not be
refilled.

(d) A person shall not issue a prescription for a controlled
substance, nor shall a person fill, compound, or dispense a
prescription for a controlled substance, for an ultimate user for
whom a previous prescription for begin delete a end delete begin insert that end insert controlled substance was
issued within the immediately preceding 30 days until the ultimate
user has exhausted all but a seven-day supply of begin delete the end delete begin insert that end insert controlled
substance filled, compounded, or dispensed from the previous
prescription. begin insert This subdivision does not prohibit an ultimate user
from being issued multiple prescriptions, each for a different
controlled substance, at a given time. end insert