Sec. 103. Partial fills of schedule II controlled substances
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/bill/114/hr/5189/ih/section-103·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 309 of the Controlled Substances Act ( 21 U.S.C. 829 ) is amended by adding at the end the following: A prescription for a controlled substance in schedule II may be partially filled if— it is not prohibited by State law; the prescription is written and filled in accordance with this Act, regulations prescribed by the Attorney General, and State law; the partial fill is requested by the patient or the practitioner that wrote the prescription; and the total quantity dispensed in all partial fillings does not exceed the total quantity prescribed.
A prescription for a controlled substance in schedule II may be partially filled in accordance with section 1306.13 of title 21, Code of Federal Regulations (as in effect on the date of enactment of the Opioid Abuse Crisis Act of 2016 ). Except as provided in subparagraph (B), remaining portions of a partially filled prescription for a controlled substance in schedule II— may be filled; and shall be filled not later than 30 days after the date on which the prescription is written.
In emergency situations, as described in subsection (a), the remaining portions of a partially filled prescription for a controlled substance in schedule II— may be filled; and shall be filled not later than 72 hours after the prescription is issued. . Nothing in this section shall be construed to affect the authority of the Attorney General to allow a prescription for a controlled substance in schedule III, IV, or V of section 202(c) of the Controlled Substances Act ( 21 U.S.C. 812(c) ) to be partially filled.
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