(1)(a) Except as provided in subdivision (1)(b) of this section or when administered directly by a practitioner, other than a pharmacist, to an ultimate user, no controlled substance included in Schedule II of section 28-405 may be dispensed without the written prescription of a practitioner, except that in emergency situations as prescribed by the department by rule and regulation, such substance may be dispensed pursuant to a facsimile prescription bearing the word emergency or upon oral prescription reduced promptly to writing in conformity with subdivision (4)(b) of this section and filed by the pharmacist. No prescription for a Schedule II substance may be refilled. (b)(i) A prescription for a controlled substance included in Schedule II of section 28-405 may be transmitted by the practitioner to a pharmacy by facsimile equipment, if the original written, signed prescription is presented to the pharmacist for review prior to the actual dispensing of the controlled substance except as provided in subdivision (1)(b)(ii) or
(1)(b)(iii) of this section. (ii) A prescription written for a narcotic controlled substance included in Schedule II of section 28-405 to be compounded for the direct administration to a patient by parenteral, intravenous, intramuscular, subcutaneous, or intraspinal infusion may be transmitted by the practitioner to the pharmacy by facsimile equipment for the purpose of home infusion therapy. The facsimile shall serve as the original written prescription for purposes of subdivision (1)(b)(ii) of this section and it shall be maintained in accordance with the provisions of subdivision (4)(a) of this section. (iii) A prescription written for a controlled substance included in Schedule II of section 28-405 for a resident of a long-term care facility may be transmitted by the
practitioner to the dispensing pharmacy by facsimile equipment. The facsimile shall serve as the original written prescription for purposes of subdivision (1)(b)(iii) of this section and it shall be maintained in accordance with the provisions of subdivision (4)(a) of this section. (iv) The partial filling of a prescription for a controlled substance listed in Schedule II of section 28-405 is permissible if the pharmacist does not supply the full quantity called for in a written, emergency oral, or facsimile prescription and he or she makes a notation of the quantity supplied on the face of the written prescription or written record of the emergency oral or facsimile prescription. The remaining portion of the prescription may be filled within seventy-two hours of the first partial filling; however, if the remaining portion is not or cannot be filled within the seventy-two-hour period, the pharmacist shall so notify the prescribing practitioner. No further quantity may be supplied beyond seventy-two hours without a new prescription. (c) A prescription for a controlled substance listed in Schedule II of section 28-405 written for a patient in a long-term care facility or for a patient with a medical diagnosis documenting a terminal illness may be filled in partial quantities to include individual dosage units. If there is any question whether a patient may be classified as having a terminal illness, the pharmacist shall contact the practitioner prior to partially filling the prescription. Both the pharmacist and the prescribing practitioner have a corresponding responsibility to assure that the controlled substance is for a terminally ill patient. The pharmacist shall record on the prescription whether the patient is terminally ill or a long-term care facility patient. Except as provided in subdivision (1)(b)(iv) of this section, a prescription that is partially filled and does not contain the notation terminally ill
or long-term care facility patient shall be deemed to have been filled in violation of the Uniform Controlled Substances Act. For each partial filling, the dispensing pharmacist shall record on the back of the prescription or on another appropriate record, uniformly maintained and readily retrievable, the date of the partial filling, quantity dispensed, remaining quantity authorized to be dispensed, and the identification of the dispensing pharmacist. Prior to any subsequent partial filling the pharmacist is to determine that the additional partial filling is necessary. The total quantity of Schedule II controlled substances dispensed in all partial fillings shall not exceed the total quantity prescribed. Schedule II prescriptions for patients in a long-term care facility or patients with a medical diagnosis documenting a terminal illness shall be valid for a period not to exceed sixty days from the date of issuance unless sooner terminated by the discontinuance of medication.
(2)(a) Except as provided in subdivision (2)(b) of this section or when administered directly by a practitioner, other than a pharmacist, to an ultimate user, no other controlled substance included in Schedule III or IV of section 28-405 which is a prescription drug as determined under the laws of this state or the laws of the United States may be dispensed without a written or oral prescription. Such prescription may not be filled more than six months after the date of the prescription. Practitioner authorization shall be required to refill any such prescription. Such refills may not occur more than five times within six months after the date of the prescription. (b) A prescription for a controlled substance included in Schedule III or IV of section 28-405 may be transmitted by the practitioner to a pharmacy by facsimile equipment. The facsimile shall serve as the original written prescription for purposes of this
subdivision and it shall be maintained in accordance with the provisions of subdivision (4)(c) of this section. (c) A prescription for a controlled substance listed in Schedule III or IV of section 28-405 may be filled in partial quantities if (i) each partial filling is recorded in the same manner as a refilling, (ii) the total quantity dispensed in all partial fillings does not exceed the total quantity prescribed, and (iii) each partial filling is dispensed within six months after the date on which the prescription was issued.
(3)(a) Except as provided in subdivision (3)(b) of this section or when administered directly by a practitioner, other than a pharmacist, to an ultimate user, no controlled substance included in Schedule V of section 28-405 may be dispensed without a written or oral prescription. (b) A prescription for a controlled substance included in Schedule V of section 28-405 may be transmitted by the practitioner to a pharmacy by facsimile equipment. The facsimile shall serve as the original written prescription for purposes of this subdivision and it shall be maintained in accordance with the provisions of subdivision (4)(c) of this section.
(4)(a) Prescriptions for all Schedule II controlled substances shall be kept in a separate file by the practitioner, shall be maintained for a minimum of seven years, and shall be available to authorized agents of the department and the Division of Drug Control for inspection without any requirement for obtaining a search warrant. (b) All prescriptions for controlled substances in Schedule II of section 28-405 shall contain the name and address of the patient and the name and address of the prescribing practitioner, including the registry number under the federal narcotic laws of the prescribing practitioner. The pharmacist or practitioner filling the prescription shall write the date of filling and his or her own signature on the face of the prescription. If the
prescription is for an animal, it shall state the name and address of the owner of the animal and the species of the animal. (c) Prescriptions for all controlled substances in Schedules III, IV, and V of section 28-405 shall be filed separately from other prescriptions in a single file by the practitioner and shall be maintained for a minimum of seven years. The practitioner shall be required to make all prescription files readily available to authorized agents of the department and the Division of Drug Control for inspection without any requirement for obtaining a search warrant. (d) All prescriptions for controlled substances in Schedules III, IV, and V of section 28-405 shall contain the name and address of the patient and the name and address of the prescribing practitioner, including the registry number of the prescribing practitioner under the federal narcotics laws. If the prescription is for an animal, it shall state the owner's name and address and species of the animal. (e) The owner of any stock of controlled substances in Schedules I and II of section 28-405, upon discontinuance of the dealing in such substances, may sell such substances to a manufacturer, wholesaler, or apothecary but only on an official order form as required by section 28-413. (f) No pharmacist or dispensing practitioner shall dispense any controlled substance contained in Schedule II of section 28-405 without affixing to the container in which the substance is dispensed a label bearing the name and address of the pharmacy or dispensing practitioner, the name of the patient, the date of filling, the consecutive number of the prescription under which it is recorded in the practitioner's prescription files, the name of the physician, dentist, veterinarian, or other prescribing practitioner who prescribes it, and the directions for the use of the drug. Unless the prescribing practitioner writes do not label or words of
similar import on the prescription or so designates in an oral or facsimile transmission of the prescription, all prescriptions for a controlled substance contained in Schedule II of section 28-405 shall bear upon the label the name of the substance in the container. (g) No pharmacist or dispensing practitioner shall dispense any controlled substance contained in Schedules III, IV, and V of section 28-405 without affixing to the container in which the substance is dispensed a label bearing the name and address of the pharmacy or dispensing practitioner, the name of the patient, the date of initial filling, the consecutive number of the prescription under which it is recorded in the practitioner's prescription files, the name of the physician, dentist, veterinarian, or other prescribing practitioner who prescribes it, and the directions for the use of the drug. Unless the prescribing practitioner writes do not label or words of similar import on the prescription or so designates in an oral or facsimile transmission of the prescription, all prescriptions for a controlled substance contained in Schedules III, IV, and V of section 28-405 shall bear upon the label the name of the substance in the container.
