Law on how early a class II substance can be filled?

Discussion in 'Ask A Cop' started by Hutch, Jul 29, 2007.

  1. Hutch

    Hutch Guest

    Hey guys,

    A couple weeks ago I went to get my Adderall prescription filled at the only 24 hour CVS pharmacy in town and ran into a lot of issues. I've been taking it for about 6 years now and it's been incredibley beneficial. So I dropped off the script like normal, showed the pharmacists my license ect. and then she went to check if they had the brand name Adderall and she says they did and that it'll be ready in 15 minutes. So I go to Dunkins (it was about 2 am) and comeback and she tells me she can't fill the prescription because it was 3 days early. She claimed that it's a state law that class II controlled substances cannot be filled more than 1 day early. I told her that I've never had a problem filling my prescription early before besides for one other time about 6 months before at the same pharmacy and asked if there was some sort of new law pertaining to dispensing class II controlled substances early. She then changes her story and says that it's a store policy. Well that didn't fly with me either. She had heard from the other pharmacist about me trying to fill my script a couple days early (which my doctor even knew about, she knows that some days I may need an extra one when I have to work and then go to a long class.) I told her that I'm pretty aware of the laws and that the law states that if pharmacists feels that there is extreme threat to the patients health that only then can they question the prescription and they can call the doctor to make sure that they are aware of the interaction/abuse ect. I asked if she had even called the doctor (who writes out all my Adderall prescriptions each month) and she said no and that she's not filling it no matter what. At this point I'm really getting furious and I accuse her of stereotyping because some college kids choose to sell their medication or abuse it. She denies it ect ect. so I ask for the prescription back and she hands it right over and then starts to walk away. I look down and on the prescription she had wrote "DO NOT FILL UNTIL 7/15." This is the 2nd time this has happened to me at that pharmacy and I nearly snapped on her. She refused to remove her writing on it when I asked her to and I really let her have it. She then calls the cops on me and tells them some ridiculous story so I obviously leave before they come, knowing that no matter what I'm wrong and she's right regardless. I didn't say anything threatening to her and I really didn't use any profain language, I only used facial expressions to express my anger, not slam my fist or anything.

    Now you're probably thinking 'just go to another pharmacy' well, I would if I could. No other pharmacy in the area has the brand name Adderall in stock and the prescription doesn't allow for subsitutions. It was a Friday night/saturday morning and I had one pill left (I take 4x20mg a day.) I've been looking for the past couple weeks trying to find a law that has to do with this matter and have come up empty. The closest I can find is 94c-23 but it's not much of any help.

    Does the pharmacist have the right to refuse to fill the prescription without even checking with the doctor first? Any help would be greatly appreciated!

    Thanks,
    Hutch
  2. rg1283

    rg1283 MassCops Member

    Does the pharmacist have the right to refuse to fill the prescription without even checking with the doctor first? Any help would be greatly appreciated!

    Yes the Pharmacist can, however it is their own Professional Judgement and at their own risk. (Eg if a Pharmacist Refuses Birth Control Pills they may take the heat later on.) This is similar to how Police Officers can use professional judgment under certain situations. CIIs have to be kept track down to the individual pill. If a Pharmacist screws up the DEA will be on their ass fast. Bottom line its 2AM your filling a CII RX, now I know you might be busy, but CVS, sucks. They hire techs right out of the Job Corp Program (nothing against Job Corps), I wouldn't want anyone with a less then perfect record even behind the RX counter.

    That 94C Section 23 law allows a 60 Day Supply of Ritalin type drugs to be dispensed, all the MD has to do is write ADHD on the prescription. However insurance companies may or may not pay for the 60 day supply. It might save you the trouble of having to get the RX every month.

    Looking in the PDR, the max dose of Adderall (Regular) 40 MG per day and only in very rare cases should it exceed 40 MG per day. I doubt the Doctor wrote for 80MG per day, that is a high dose. Adderall (not XR) can be dosed Twice a day.

    Even with Adderall XR the max dose is only 30 MG per day, anything beyond that hasn't been studied for effectiviness. Adderall XR is only dosed once a day. Plus one should avoid taking Adderall beyond like 4 PM unless they want to stay up all night.

    I'm not trying to insult you, you might have a medical condition in which a higher dose is required.

    Also the a few days early "law" is interperated by Pharmacists by the Date the RX was last Filled, eg if you have a 30 Day supply, then it can only be refilled no earlier then 30 days from the orginial fill date. Since the MA Pharmacy and 94C laws are kind of blurry on a lot of things.

    I have never seen Adderall dosed as needed before. There are directions on the medicine bottle for a reason.
  3. Hutch

    Hutch Guest

    In adults, the dosage can be prescribed A LOT higher than 40mg. I used to take 120MG a day (30mgx4) for about 6 months last year and I took it exactly as prescribed. I've heard of it being prescribed in doses up to 160MG a day. A couple times when I went to get the 120MG scripts filled the pharmacist had to check with a couple other pharmacists and the doctor to make sure that the dose was not too high. The max dosage is around 300MG a day but no one in their right mind would prescribe that much. The dosage is different with Adderall, dosing is completely different for everyone. The only thing I've heard that has a factor on how much you need is the speed of your metabolism.

    Anyways yea I understand the whole 2am thing but they know that I get all my meds filled late at night. I work real late 4 times a week but I try to keep the same sleep pattern (sleep 6-7am until 1-3pm.) I take evening classes two times a week for 4 hours so the days I have class and work I need an extra one so I can concentrate.

    So when I woke up that afternoon and had no medication, I went to another pharmacy to get it filled. After trying 3 pharmacies in the area with no success (none had the brand name in stock) I started to have really bad withdrawals while driving and ended up crashing into a tree, totaling my only vehicle less than 1/4 mile from my condo. Now I'm left with basically no transportation (my girlfriend has to work and go to school also) for work and school. I had to quit my job (I had minimal coverage on my car) and I've been so mad over this whole thing. My mom ended up driving up here and getting the script filled for me that night at the SAME pharmacy with the SAME pharmacist working. The pharmacist filled it without any problem whatsoever she said. It was still the same day too.

    Last week I went back to that pharmacy to pickup a refill on another one of my prescriptions and was told to leave immediately or they would call the cops. I refused to leave without my prescription and the cops came and told me that they had a no trespassing clause put on me because I gave the pharmacist a hard time. I was extremely calm and respectful to the officers and joked with them a little when we got outside. I knew that they wouldn't do anything besides for at most tell me to leave because I hadn't been previously notified of the clause.
  4. brk120

    brk120 MassCops Member

    I take the same class drug but I have to go monthly to my sleep doctor to get a written script. I've been doing it for over five years. I take it the same way: when I need it. Sometimes I dont need it. 98% of the time I do. I no that frustrating feeling of not being able to get it. I use to get frustrated cause I was worried about trying to do my daily functions w/ out it; Like drive w/ out falling asleep, being alert, etc... But remember she is most likely just trying to do her job w/ out getting fired. Because there are grey areas she is protecting her but. Ive caught myself beginning to act up and then I look at it and know that she/he has nothing to do with it. She's just trying to do her job. In my cases it has been my Dr's fault for writing the wrong script for generic when at the time I needed non-generic. The generic would give me awful awful headaches. I would then have to drive back to the hospital hoping the office would still be open. But regardless, it has always worked out. I dont know your condition but w/ mine I take drug holidays; A couple days a month I go through the day w/ out taking the medicine. It helps me not build a tolerance.
  5. justanotherparatrooper

    justanotherparatrooper Pissin' in liberals cheerio's for 40 years :) Staff Member

    Find yourself another pharmacy, explain what you need to the pharmacist BEFORE you need it. Let them know a few days BEFORE you need a refill and they'll have it for you....no problem. Alot of them dont keep restricted stuff because of robberies/burglaries but will get it for you but just not at the last minute.
  6. rg1283

    rg1283 MassCops Member

    IF you ever find your self going without the medicine, drink as much caffine as you can, it will help to lower the withdrawal effects.

    At least your on a lower dose now. CVS just sucks in general. I would try talking to a local independant pharmacist and explain the situation.
  7. Hutch

    Hutch Guest

    My mom can always fill my prescriptions at her work (Winchester Hospital) during the week. Sometimes both of us forget to remind each other ahead of time to ask the pharmacy to order it. With Class II's you can't get the prescription early, I have to go see the doctor to get it every month (you cannot post date Class II scripts.) It's an extreme pain to get the meds because some scumbags decide to abuse it/sell it.

    I wish I could say that the pharmacist was just doing her job but in all honestly I believe she was just being a complete b*tch and completely discriminating against me based on my age. Add in the fact that she had no problem filling it later that day for my mom, in my mind, concludes what her intentions were.
  8. bbelichick

    bbelichick Moderator Staff Member

    I love lamp.
  9. SOT

    SOT Thread Killa

    Pill poppin' teens!
  10. Hutch

    Hutch Guest

    Twenteen? ;)

    Oh come on, I'm not a teen anymore! :p

    I honestly feel like I'm about 40 now that I think about it... My party days have been over for years now! (seriously)
  11. SOT

    SOT Thread Killa

    Ohh for some reason I thought you lived at home with your mom...So I figured you were a "kid".
  12. Hutch

    Hutch Guest

    I still haven't found a definitive answer yet but I just stumbled across something that might help...

    "The pharmacy boards of North Carolina and Massachusetts have indicated that “pharmacists who impede patients’ access to prescription medications will be met with disciplinary action under existing state laws and regulations.”"

    I've been googling it for months now and everytime you search for 'pharmacy' or 'pharmacists' with the word 'refusal' or 'refuse' all the results are just more crap about the morning after pill refusal...
  13. rg1283

    rg1283 MassCops Member

    Its all professional judgement and a combination of gray area mass 94C laws.
  14. 94c

    94c Subscribing Member

    your first post was at the end of July. You've been Googling for over 3 months. No wonder you can't sleep.

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