DrugBuyers.Com: Walgreens won't refill my last valid perscription

Ok Here are the NYS regs:

NOTE PART (d) 2, i and ii; 3, i and ii

Effective Date: 09/08/99
Title: Section 80.69 - Schedule III, IV and V substances

80.69 Schedule III, IV and V substances. (a) In addition to the requirements set forth in sections 80.67 and 80.70 of this Part, substances in schedule III, IV or V shall be prescribed by a practitioner only by written prescription, in good faith, and in the course of his professional practice.

(b) The prescription shall contain the following:

(1) name, address and age of the ultimate user for whom the substance is intended, or, if the ultimate user is an animal, the species of such animal and the name and address of the owner or person in custody of such animal;

(2) printed name, address, Drug Enforcement Administration
registration number, telephone number and handwritten signature of the prescribing practitioner. The printed name of the prescriber who has signed the prescription shall be imprinted or stamped legibly and conspicuously on the prescription, shall appear in an appropriate location on the prescription form and shall not be entered in or upon the space or line reserved for the prescriber's signature. The imprinted or stamped name shall not be a substitute for or fulfill any legal requirement otherwise mandating that the prescription be signed by the prescriber;

(3) specific directions for use, including but not limited to the dosage and the maximum daily dosage; and

(4) the date upon which such prescription was actually signed by the prescribing practitioner. A prescription shall be dated as of, and signed on, the date when issued.

(c) Except as provided in subdivision (d) of this section, no such prescription shall be made for a quantity of substances which would exceed a 30-day supply if the substance were used in accordance with the directions for use, as specified on the prescription. No additional prescriptions for a controlled substance may be issued by a practitioner to an ultimate user within 30 days of the date of any prescription previously issued unless and until the ultimate user has exhausted all but a seven days' supply of that controlled substance provided by any previously issued prescription.

(d)(1) A practitioner may issue a prescription for up to a three month supply of a controlled substance or up to a six month supply of an anabolic steroid or chorionic gonadotrophin if used in accordance with the directions for use, provided that the prescription has been issued for the treatment of:

(i) attention deficit disorder;

(ii) chronic debilitating neurological conditions characterized as a movement disorder or exhibiting seizure, convulsive or spasm activity;

(iii) relief of pain in patients suffering from diseases known to be chronic and incurable;

(iv) narcolepsy;

(v) panic disorders; or

(vi) hormone deficiency states in males, gynecologic conditions that are responsive to treatment with anabolic steroids or chorionic gonadotrophin, metastatic breast cancer in women, anemia and angioedema.

(2) Such prescription shall specify the condition being treated on the face of the prescription. The practitioner issuing such prescription shall either:

(i) specify the name of such condition on the face of the prescription; or

(ii) specify a code on the prescription to denote the condition for which the prescription has been issued, in accordance with codes issued by the department.

(3) Either the name of the condition or one of the designated codes shall fulfill the requirement in:

(i) section 3335(3) of the Public Health Law for the specific condition to be given on the face of the prescription; and

(ii) section 3336(1) of the Public Health Law for the statement that the controlled substance has been prescribed to treat one of the conditions that have been enumerated by the regulations of the commissioner as warranting the prescribing of greater than a 30 days' supply of a controlled substance.

(e) Such written prescriptions may be refilled, but not more than the number of times specifically authorized by the prescriber upon the prescription; provided, however, no such authorization shall be effective for longer than six months from the date the prescription is signed and that not more than five refills are made. When the initial prescription is written for a quantity of substance in excess of a 30-day supply under the authority of subdivision (c) of this section, the prescription may only be refilled once.

(f) Unless an earlier refilling is authorized by the prescriber, no written prescription shall 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.

(g) On refills the dispensing pharmacist shall indicate on the back of the written prescription the amount dispensed, the date dispensed, and the signature of the dispensing pharmacist. (h) Prescriptions which indicate serial numbers only of prior controlled substances prescriptions are not valid and shall not be refilled.

(i) Upon expiration of the authorization of the prescription to be refilled or the six-month limitation of the prescription, the practitioner shall execute a new prescription if he desires the medication to be continued.

(j) When a written prescription prepared by a practitioner is incomplete, the practitioner may orally furnish the missing information to the pharmacist and authorize him or her to enter the missing information on the prescription. The pharmacist shall write the date he or she received the oral authorization on the back of the prescription and shall affix his or her signature. This procedure shall not apply to unsigned or undated prescriptions or where the name and/or quantity of the controlled substances is not specified or where the name and address of the ultimate user is missing. The pharmacist is not required to obtain authorization from the practitioner to enter the patient's address, sex or age if the pharmacist obtains the information through a good-faith effort.

(k) A practitioner may orally authorize a pharmacist to change information on a controlled substance prescription. This procedure shall not apply to the practitioner's signature, date the prescription was signed by the practitioner, drug name or name of the ultimate user. The pharmacist shall write the date he or she received the oral authorization on the back of the prescription, reason for the change and his or her signature. The pharmacist shall also indicate the change on the face of the prescription and initial the change.

Volume: A-1a

Here is the web address of the Dept of Health:

http://www.health.state.ny.us/nysdoh/phforum/nycrr10.htm

I dont know how this is enforced but according to the NYS DOH everything I have said is true.