Sec. 702. PARTIAL FILLS OF SCHEDULE II CONTROLLED SUBSTANCES
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## SEC. 702 PARTIAL FILLS OF SCHEDULE II CONTROLLED SUBSTANCES ###
(a)In general Section 309 of the Controlled Substances Act (21 U.S.C. 829) is amended by adding at the end the following: > > ### “(f) Partial Fills of Schedule II Controlled Substances > > > #### “(1) Partial fills > > A prescription for a controlled substance in schedule II may be partially filled if— > > > ##### “(A) > > it is not prohibited by State law; > > > ##### “(B) > > the prescription is written and filled in accordance with this title, regulations prescribed by the Attorney General, and State law; > > > ##### “(C) > > the partial fill is requested by the patient or the practitioner that wrote the prescription; and > > > ##### “(D) > > the total quantity dispensed in all partial fillings does not exceed the total quantity prescribed. > > > #### “(2) Remaining portions > > > ##### “(A) In general > > Except as provided in subparagraph (B), remaining portions of a partially filled prescription for a controlled substance in schedule II— > > > ###### “(i) > > may be filled; and > > > ###### “(ii) > > shall be filled not later than 30 days after the date on which the prescription is written. > > > ##### “(B) Emergency situations > > In emergency situations, as described in subsection (a), the remaining portions of a partially filled prescription for a controlled substance in schedule II— > > > ###### “(i) > > may be filled; and > > > ###### “(ii) > > shall be filled not later than 72 hours after the prescription is issued. > > > #### “(3) Currently lawful partial fills > > Notwithstanding paragraph
(1)or (2), in any circumstance in which, as of the day before the date of enactment of this subsection, a prescription for a controlled substance in schedule II may be lawfully partially filled, the Attorney General may allow such a prescription to be partially filled.” > . ###
(b)Rule of Construction **[**[21 U.S.C. 829 note](/us/usc/t21/s829)**]** 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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