In effect: DEA final rule on transfer of EPCS in schedules II–V between pharmacies for initial filling

NCPA August 30, 2023

A new DEA final rule, which became effective August 28, states that an electronic prescription for a controlled substance (EPCS) in schedule II–V may be transferred between retail pharmacies for initial filling on a one-time basis only, upon request from the patient. The DEA also clarified that any authorized refills included on a prescription for a schedule III, IV, or V controlled substance are transferred with the original prescription.

The final rule requires that the transfer of EPCS in schedule II-V must be communicated directly between two licensed pharmacists, the prescription must remain in its electronic form, and the contents of the prescription must be unaltered during the transmission. The final rule also stipulates that the transfer of EPCS in schedule II–V for initial dispensing is permissible only if allowable under existing state or other applicable law. In addition, the final rule describes the information that must be recorded to document transfer of EPCS in schedule II–V between pharmacies for initial dispensing. The electronic records documenting EPCS transfers must be maintained by both pharmacies for two years from the date of the transfer.

NCPA