[Code of Federal Regulations]
[Title 21, Volume 9]
[Revised as of April 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR1306.12]

[Page 82-83]
 
                         TITLE 21-FOOD AND DRUGS
 
   CHAPTER II--DRUG ENFORCEMENT ADMINISTRATION, DEPARTMENT OF JUSTICE
 
PART 1306_PRESCRIPTIONS--Table of Contents
 
Sec.  1306.12  Refilling prescriptions; issuance of multiple prescriptions.

    (a) The refilling of a prescription for a controlled substance 
listed in Schedule II is prohibited.
    (b)(1) An individual practitioner may issue multiple prescriptions 
authorizing the patient to receive a total of up to a 90-day supply of a 
Schedule II controlled substance provided the following conditions are 
met:
    (i) Each separate prescription is issued for a legitimate medical 
purpose by an individual practitioner acting in the usual course of 
professional practice;
    (ii) The individual practitioner provides written instructions on 
each prescription (other than the first prescription, if the prescribing 
practitioner intends for that prescription to be filled immediately) 
indicating the earliest date on which a pharmacy may fill each 
prescription;
    (iii) The individual practitioner concludes that providing the 
patient with multiple prescriptions in this manner does not create an 
undue risk of diversion or abuse;
    (iv) The issuance of multiple prescriptions as described in this 
section is permissible under the applicable state laws; and
    (v) The individual practitioner complies fully with all other 
applicable requirements under the Act and these regulations as well as 
any additional requirements under state law.
    (2) Nothing in this paragraph (b) shall be construed as mandating or 
encouraging individual practitioners to issue multiple prescriptions or 
to see their patients only once every 90 days

[[Page 83]]

when prescribing Schedule II controlled substances. Rather, individual 
practitioners must determine on their own, based on sound medical 
judgment, and in accordance with established medical standards, whether 
it is appropriate to issue multiple prescriptions and how often to see 
their patients when doing so.

[72 FR 64929, Nov. 19, 2007]