Question: Can a physician issue multiple prescriptions for a Schedule II controlled substance on the same day in order to provide the patient with a 90-day supply?

Answer: Under a new regulation effective December 19, 2007, the U.S. Drug Enforcement Administration (DEA) now allows an individual practitioner to issue multiple prescriptions authorizing the patient to receive a total of up to a 90-day supply of a schedule II controlled substance provided the following conditions are met:

1. Each separate prescription is issued for a legitimate medical purpose by an individual practitioner acting in the usual course of professional practice.
2. The individual practitioner provides written instructions on each prescription (other than the first prescription, if the prescribing practitioner intends for that prescription to be filled immediately) indicating the earliest date on which a pharmacy may fill each prescription.
3. The individual practitioner concludes that providing the patient with multiple prescriptions in this manner does not create an undue risk of diversion or abuse.
4. The issuance of multiple prescriptions is permissible under applicable state laws.
5. The individual practitioner complies fully with all other applicable requirements under the Controlled Substances Act and Code of Federal Regulations, as well as any additional requirements under state law.

It should be noted that the changes to the DEA regulations should not be construed as encouraging individual practitioners to issue multiple prescriptions or to see their patients only once every 90 days when prescribing schedule II controlled substances. Rather, individual practitioners must determine on their own, based on sound medical judgment, and in accordance with established medical standards, whether it is appropriate to issue multiple prescriptions and how often to see their patients when doing so.

There are no federal or state limits on the number of days worth of a Schedule II substance that a physician may prescribe (the Wisconsin limit of 34 days was repealed in 2002), but many insurance carriers refuse to authorize payment for controlled substances in excess of a 34-day supply. This new DEA regulation allows physicians to issue multiple prescriptions on the same day that can be filled sequentially, providing the patient with up to a 90-day supply. However, pharmacists must continue to comply with Wis. Admin. Code § Phar 8.05(4), which states that a prescription for a Schedule II substance may not be dispensed more than 60 days after the date of issue on the prescription order.


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