Pharmacists’s partial filling of prescriptions

The purpose of Senate Bill 189 is to bring West Virginia Code into conformity with federal law as modified in the Comprehensive Addiction and Recovery Act of 2016.

The bill provides the conditions under which a pharmacist may partially fill a prescription, and the limitations on subsequently filling the remaining portion of that prescription.

(a) The partial filling of a prescription is permissible for any prescription if the pharmacist is unable to supply or the patient or the prescribing individual practitioner requests less than the full quality called for in a written, electronic, or oral prescription, provided the pharmacist makes a notation of the quantity supplied on either the written prescription or in the electronic record.

(b) The partial filling of a prescription for a controlled substance listed in Schedule II is permissible if:

(1) The prescription is written and filled in accordance with this article:

(2) The partial filling is requested by the patient or the prescribing individual practitioner that wrote the prescription; and

(3) The total quantity dispensed in all partial fillings does not exceed the total quantity prescribed.

(c) Except as provided in subsection (d) of this section, the remaining portion of any prescription partially filled pursuant to the provisions of subsection (a) or (b) of this section may be filled within 30 days of the first partial filling: Provided That is the remaining portion is not or cannot be filled within the 30-day period, the pharmacist shall notify the prescribing individual practitioner and a further quantity may not be supplied beyond 30 days without a new prescription.

(d) In emergency situations, the remaining portions of a partially filled prescription for a controlled substance in Schedule II may be filled, but shall be filled no later than 72 hours after the prescription is issued.

(e) For purposes of subsection (d) of this section the term “emergency situation” means those situations in which the prescribing practitioner determines:

(1) That immediate administration of the controlled substance is necessary for proper treatment of the intended ultimate user;

(2) That no appropriate alternative treatment is available, including administration of a drug which is not a controlled substance listed in Schedule II; and

(3) That is not reasonably possible for the prescribing practitioner or provide a written prescription to be presented to the person dispensing the substance prior to the dispensing.