|Drug Enforcement Administration|
In April, 2017, the DEA provided verbal guidance regarding the transfer of controlled substance prescriptions that have not been filled. NACDS followed-up with DEA asking for a written response, which they received October 6, 2017 from Jim Arnold at the DEA. It is noteworthy that they make a pointed distinction between electronic prescriptions and all other formats.
On January 16, 2017, the Drug Enforcement Administration (DEA) responded to ASCP's request for clarification on potential conflicts between the partial fill provision included in the Comprehensive Addiction and Recovery Act (CARA) and existing long-term care partial fill regulations. CARA allows partial fill for CII in a community setting and requires the reminder of the prescription be filled within 30 days. Existing DEA regulations allow long-term care pharmacies to partial fill for CII medications but have 60 days to fill the remainder fo the prescription.
ASCP asked the DEA for clarification to ensure that the CARA provision does not supersede the existing regulations. In their response letter, linked below, the DEA concurred with ASCP's assessment that the CARA provision does not supersede the existing LTC regulations.
On November 30,
June 2016, ASCP sent a letter to Policy Section at the Drug Enforcement Administration (DEA), asking for clarification on the use of electronic emergency kits (e-kits). ASCP’s letter focused on the 1980 DEA-issued guidance spelling out conditions under which e-kits can be placed in long-term care facilities.
In their response to ASCP’s letter, the DEA accepted the recommendation that all e-kits, including electronic e-kits, fall under that 1980 guidance.
Dispensing out of electronic or tackle-box e-kits can only be done in emergency situations and still requires compliance with the Controlled Substances Act and DEA regulation regarding valid prescriptions.
On November 4, 2018, Loren Miller, DEA Section Chief for Policy, addressed the ASCP Annual Meeting on DEA Policy Issues relevant to our members. Some important Q&A that were addressed verbally in front of the group are included in a one-page document. On March 29, 2019, ASCP received written response(s) from the DEA on these issues. These written documents can be found here and here.