Law Flashcards
What is a DEA number composed of? How do you verify it?
2 letters + 7 numbers
Physician first letter is A,B,F,G
2nd letter is first letter of last name
Add 1st,3rd,5th digits up
Add 2nd, 4th, and 6th digits up and x2
Add the two totals together
the last digit of the total should equal the last digit of the DEA number
Do community pharmacies need to be registered with DEA?
Yes, every retial pharmacy must be but hospital pharmacies do not need to register with the DEA they are covered under hospital registration
Must obtain state permit first from BOP
Can a pharmacist dispense a controlled substance to a friend of the patient?
Only if they live in the same household
Only the patient or member of their household can pick it up
Is there a quantity limit on C2s?
No but no refills and expires 6 months from date it was issued
Can a C2 be called in over the phone?
ONLY in emergency situations and the quantity is limited to the emergency period and the prescriber must personally call-in the rx not an agent
The pharmacy must reduce the rx to writing and needs everything but sig
The prescriber has 7 days to get you a written or electronic signature and pharmacist HAS to notify DEA office if you do not receive this rx in 7 days
Can they fax a C2
They can only so it is ready ahead of time for the patient BUT it is not a valid script and you need another copy of of it before dispensing it to the patient
However there are 3 ways that a pharmacy may legally receive a fax rx for a C2 where it serves as the original rx and you do not need a written copy
- C2 narcotic to be compounded for direct administration to patient by parenteral route
- C2 for a resident of a long-term care facility (nursing home, retirement home, mental care)
- C2 narcotic for a hospice patient (prescriber must note on rx that patient is in hospice)
* *These have to be narcotics(opioids) for 1 and 3 but can be anything (stimulants) for long term care patients**
Partial filling on C2 rx how many days do they have to fill the rest?
Total amount of rx may be filled no later than 30 days from the DATE on which the rx was WRITTEN (not filled)
If C2 rx is an emergency oral rx, then you are restricted to 72 hours from when written to fill rest
Partial filling for C2 rx for terminally ill patients
Can partially fill C2 rx for patients in LTCFs or for terminally ill patients up to 60 days from the date the rx was WRITTEN (not filled)
**pharmacist must write “terminally ill or LTCF patient” on the rx
Multiple C2 rxs on the same day rules: How many days supply, post date?
Can write for multiple rxs for the same patient and the same drug on the same day but can not exceed 90 day supply and each rx must be on a separate blank
Must write earliest date that each rx can be filled (do not fill until)
Can C3-5 rxs be called into a pharmacy?
Yes, they can be written, faxed, electronic, or called in
C3-4 have how long do you have to fill them?
may be refilled up to 6 months from date it was issued or 5 times, whatever comes first
C5 rxs how many refills and expiration?
C5 do not have an expiration date and do not have a limit on the amount of refills
Partial filling for C3-5?
No dispensing occurs after 6 months from date it was written for C3-4
Can refill more than 5x if they are all partial fills and not full fills
What is considered a targeted controlled substance and how must these be sent from the prescriber?
Targeted controlled substances refer to C2 opioids and select C3 opioids (buprenorphine and codeine combination products)
These must be sent electronically unless:
- dispensing to ultimate user or inpatient (nursing home, LTCF, hospice)
- technology failure
- federal property
- if pharmacist receives paper copy (written, fax, oral) they are not required to verify if it falls under these rules, it is the physician’s responsibility
How many days supply can you prescribe for acute pain rx for targeted controlled substances?
may not exceed a 5-day supply, initially unless for post-operative acute pain and they may not exceed 7-day supply, initially
acute pain is expected to last for <3 months and does not include cancer, hospice, palliative, or substance use disorder
Recording refills of controlled substance rxs: Two ways pharmacist verify that the refill data entered into system is correct
System provides a hard copy printout of each day’s controlled substance order refill data, the printout is verified and signed by each pharmacist who refilled rxs listed on the printout within 72 hours (printout must be maintained in a separate file at the pharmacy)
OR
May maintain logbook that signs a statement verifying the controlled rxs that pharmacist refilled that day (must sign every day)
What can you NOT change on C2 rx?
The pharmacist cannot change the patient’s name, name of controlled C2 (unless generic sub), or prescriber’s signature (new rx must be issued)
- -all have to do with names
- -can add a date but can not CHANGE the date
This has to be direct communication from pharmacist to practitioner
What form do you use to order C2 drugs?
DEA form 222
Who can sign and date form 222?
Has to be signed by the person who signed the DEA registration or a power of attorney (POA)
Partial order fills by the supplier must be completed within how many days following the date of the DEA form 222?
60 days from the date of the purchaser (pharmacy)
Who can be a power of attorney?
The POA does not have to be located at the registered location, and can be more than one person
Only certain people can authorize POA:
- The registrant (if individual); or a partner of the registrant (if partnership); officer of the registrant (if a corporation)
- Executed POA form is signed by person who is being granted POA, registrant, and 2 witnesses
Do you need to notify the DEA if you lose or get stolen 222 forms?
If they are lost or stolen from the purchaser (other than in the course of transmission) you must notify the DEA and state the serial number of each form stolen or lost
-if serial number unknown, must report the dates of issuance
How long do you need to keep executed 222 forms?
must be kept separately from all other records for 3 years under NC Law and must be kept AT the registered location (includes copy 3 or purchaser’s copy of single sheet form)
**electronic copies of single sheet 222 form may be stored on a system that is different location but need to be readily retrievable
Can keep unexecuted forms at different location
Electronic Controlled Substance Ordering System (CSOS) what is it
Can use it to order controlled substances instead of 222 form and this is special because you can order C2-5 not just C2
-when you receive the items you must record the quantity/date and link this with the originally electronic order
Ordering C3-5 drugs
Not same restrictions as C2 drugs
DO NOT need POA
Pharmacy must keep a receipt (invoice or packing slip) of drugs received and confirm order is accurate
C3-5 if on same invoice of noncontrolled need to mark them and make them easily appealable
Can shipping and financial records for controlled substances be kept at a central location?
Yes, with notification to the DEA
Registrant may began central recordkeeping 14 days after the DEA receives notification but must be able to be delivered to registered location within 2 business days at request of DEA OR allow DEA to inspect central location without a warrant
**executed order forms, prescriptions, and inventory records CANNOT be kept at central location (just invoices and packing slips can be)
Can you store C2 records with C3s? C3s with non-controls?
C2 records and inventories have to be kept separate from all other records
C3-5 can be kept with non-controls if they are readily retrievable from other records
What should you do if there is a “theft or significant loss” of ANY controlled substance?
MUST notify DEA, in writing, within one business day of discovery
Must complete DEA form 106 AFTER the pharmacy conducts an investigation and confirms the left or loss is significant
Pharmacist manager must notify NC BOP of any theft (controlled or non-controlled) and fill out a “drug disaster and loss report” within 10 days of the theft
If the loss is determined to not be significant, the registrant should place a record of the occurrence in a theft and loss file for future reference
ALL thefts must be reported to DEA but not all losses need to be
In-Transit loss of controlled substance what form should you fill out
IF the pharmacy signs for the shipment and discovers a loss, then pharmacy must complete a DEA form 106
But if lost in-transit and shipment fails to reach pharmacy, the supplier is responsible not the pharmacist
Any unusual or excessive loss of sudafed must be reported to the local DEA office by phone or ASAP followed by submitting what form within how many days of discovery?
form 107 within 15 days
What form must you fill out if you want to dispose of controlled substances?
form 41 and requires 2 witnesses
Initial inventory records for all controlled substances on hand must be taken before a pharmacy begins a business and these can be kept at a central location?
NO, have to be kept at each registered location in written, typed, or printed form (HAVE TO BE IN HARD COPY AND NOT ELECTRONICALLY)
How often does an inventory of controlled substances need to be done after the initial inventory is done?
Every 2 years needs to be done and requires same info as initial inventory (take at end or beginning of day and note that)
How many mL or dosage units can you sell a C5 OTC product of opium or other controlled substance without a prescription
Certain C5 products like Cheratussin AC can be sold OTC without rx
No more than 240 mL (8oz) or 48 dosage units of an opium containing product within 48 hours
No more than 120 mL (4oz) or 24 dosage units of any other controlled substance within 48 hours
What form for methadone for addiction?
Form 363
When can retail pharmacies dispense methadone?
Only for pain, can not dispense for opioid addiction. Has to be done at methadone clinic
Office-based opioid addiction treatment allows qualifying prescribers to prescribe what from their office?
any opioid in C3-5 (so not methadone) that was FDA approved for treatment of opioid addiction (buprenorphine products)
Must apply for a waiver, be registered by DEA, and licensed by state medial board
When can a pharmacist deliver a filled rx for buprenorphine to the practitioners office for addiction?
Only when it is an implant or injection since these need to be administered by the office
The rx can not be for office stock
Can central fill pharmacy fill control?
Yes
How can rxs be sent for controlled drugs from retail pharmacy to central fill?
Can send a copy via fax or electronically
How long do original rx records need to be kept? They need to be readily retrievable which means what? How long for Medicaid or medicare part D?
Every original rx order should be kept for 3 years and must be retrievable with 48 hours of NC board request
NC mediacid requires hardcopy to be kept for 5 years
Medicare Part D requires 10 years
Must also keep the record of dispensing for 3 years for all
Can you capture and maintain an electronic image of the rx for recordkeeping?
Yes, you can throw away original rx and just keep electronic image but must be able to retrieve within 48 hours
CAN NOT do this for controlled substances per federal law
Automated Data Processing System: Pharmacist who is responsible for accuracy of data entered into the system must sign an acknowledgment within how many hours of dispensing a drug?
within 72 hours
How much sudafed can you sell to 1 person?
3.6 g/day
9 g/30 day period
7.5 g/30 day period by mail order
Have to be 18 years of age, sold behind pharmacy counter, and only sold in blister packages
How long must sudafed records be kept and how long do you have to make them available?
Records made available within 48 hours and kept for 2 years
Requirement to become a CPP: If you have a PharmD how many years of clinical experience must you have? What about if you have a Bachelor of pharmacy? How many ACPE certificate programs must you complete?
PharmD: 3 years clinical experience + 1 ACPE certificate program in the area covered by CPP agreement
Bachelor: 5 years experience + 2 ACPE certificates
Or you can have a BPS certification, geriatric certification or residency program with 2 years of experience
How many CE hours do you need to renew your CPP?
Each CPP shall earn 35 hours of CE each year (and practice relevant)
15 normal CE hours (with 5 live) that are required for any pharmacist count towards this so really you need 20 more CE hours than retail pharmacist
CPP agreement: How often must you meet with supervising physician and how long should this documentation of meeting be kept for? When should you notify the board by if you discontinue working?
Monthly meeting for the first 6 months and then every 6 months thereafter
Must keep documentation of meeting for 5 years by both parties involved
Notify BOP within 10 days of stopping work
How much CE do you need to do to maintain an immunization certificate?
3 hours of CE (vaccine topics) every 2 years
For any immunization that is recommended by the CDC how old does the patient have to be to get it from pharmacist?
18 years or older and a prescription from MD/DO
For pneumococcal, herpes zooster, hep A/B, meningococcal, tetanus, HPV they can get it without rx just need written protocol and 18+
Can give flu vaccine to persons at least how old?
10+ with written protocol
6+ with prescription
How often must immunization written protocol be reviewed with the physician?
annually
Must notify the patient’s PCP within how many hours after administering ANY vaccine?
72 hours, if they do not have a PCP then tell them the benefits of having one