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I cannot quote to you the specific statute, but I know that I have read that, under Federal Law, Schedule II prescriptions are fillable up to six months after they are written.
The DEA even has a recommendation for doctors who would like to dispense Sch. IIs for a period longer than 30 days. They say that it is illegal for the Doc to postdate the script; however, they can write several scripts, each dated for the day they were written and he or she can put instructions on the script for the pharmacist not to fill it until a certain date (say 30, 60 or 90 days).
This is how Docs can get around the "not refillable" restriction.
However, I don't think most docs do this. I'm not sure if they are unaware of this provision or if most just don't do it.
Like the emergency oral prescription provision, has anyone ever actually had a doc do this? My grandmother, who recently passed, was on schedule II pain patches. Her doc would send his nurse practitioner 26 miles to the nursing home to issue the script. Don't you think that could qualify as an emergency oral script?