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DUR: Legislative Update - SB 151 New Prescription Requirements

Senate Bill (SB) 151 enacted a number of changes concerning the prescription of controlled substances. The goals of SB 151 include:

• Increasing patient access to appropriate pain medication and preventing the diversion of controlled substances for illicit use
• Providing forms required by the act for controlled substance prescriptions that may be used to prescribe any prescription drug or device

Major policies enacted by SB 151 include:

• Eliminating triplicates
• Creating new tamper-resistant prescription forms
• Simplifying prescribing rules
• Retaining the terminal illness exemption
• Making Controlled Substance Utilization Review and Evaluation System (CURES) permanent
• Extending CURES to Schedule III

Timeline of Major Changes:

January 1, 2004	July 1, 2004	January 1, 2005
All controlled substances prescriptions (including Schedule II) are valid for six months. Only the signature and date on each Schedule II-IV prescription are required to be wholly written in ink in the handwriting of the prescriber. All pharmacies are required to report Schedule II prescriptions to the CURES program.	Triplicate is not required for Schedule II prescriptions. Prescribers may use new security prescription forms for Schedule II prescriptions. New triplicate forms may not be ordered.	All written controlled substance prescriptions (Schedules II-V) must be on security prescription forms. Fax and oral prescriptions for Schedules III-V are still allowed. Pharmacies must report Schedule III prescriptions information to the CURES program. For most pharmacies, this means the software must be modified so that Schedule III information can be transmitted to the Department of Justice.

Tamper-Resistant Prescription Forms
The new forms cannot be faxed or photocopied as this will result in a prescription that reads “void.” If the tamper-resistant form is faxed, the pharmacy must assure the prescription’s authenticity. The forms may be printed in any size or format, but must have the following features:

• Void protection to prevent duplication or chemical washing to alter prescriptions
• Watermark on the backside of the prescription with the text “California Security Protection”
• Thermo-chromic ink that changes color when exposed to heat
• Quantity check-off boxes
• Preprinted name, category of licensure, license number and federal controlled substance registration number of the prescribing practitioner
• May be ordered in any quantity or format desired by the prescriber
• Forms are not serialized or multi-copy

The tamper-resistant forms must be printed by approved security printers. These printers are approved by both the Board of Pharmacy and the Department of Justice. A list of approved printers is posted at www.pharmacy.ca.gov.