N.M. Admin. Code § 16.19.20.46

Current through Register Vol. 35, No. 19, October 8, 2024

Section 16.19.20.46 - PRESCRIPTION - PARTIALLY FILLED

A. A prescription for a controlled substance in schedule II may be partially filled if:

(1) the total quantity dispensed in all partial fillings does not exceed the total quantity prescribed;

(2) the partial fill amount is recorded on the written prescription or in the electronic prescription record; and

(3) the remaining portions shall be filled not later than 30 days after the date on which the prescription is issued.

B. A prescription for a controlled substance in schedule II initially filled later than 30 days after the date issued may be partially filled if;

(1) the pharmacist is unable to dispense the total quantity prescribed;

(2) the partial fill amount is recorded on the written prescription or in the electronic prescription record;

(3) the remaining portion is filled within 72 hours of the partial filling; and

(4) the pharmacist notifies the prescribing physician if the remaining portion cannot be filled within the 72 hour period. No further quantity may be supplied beyond 72 hours without a new prescription.

C. Partial filling of a prescription for schedule III, IV or V shall be recorded in the same manner as a refill, providing the total quantity of partial filling does not exceed the total quantity prescribed and no dispensing occurs after six months from date of prescription.

D. A prescription for a schedule II controlled substance written for a patient in a long term care facility (LTCF) or for a patient with a medical diagnosis documenting a terminal illness may be filled in partial quantities, to include individual dosage units.

(1) If there is any question whether a patient may be classified as having a terminal illness, the pharmacist shall contact the practitioner prior to partially filling the prescription. Both the pharmacist and the prescribing practitioner have a corresponding responsibility to assure that the controlled substance is for a terminally ill patient. The pharmacist shall record on the prescription whether the patient is "terminally ill" or an "LTCF patient".

(2) A prescription that is partially filled and does not contain the notation "terminally ill" or LTCF patient" shall be deemed to have been filled in violation of this regulation. For each partial filling, the dispensing pharmacist shall record on the back of the prescription (or on appropriate record, uniformly maintained, and readily retrievable) the date of the partial filling, quantity dispensed, remaining quantity authorized to be dispensed and the identification of the dispensing pharmacist.

(3) The total quantity of schedule II controlled substances dispensed in all partial fillings shall not exceed the total quantity prescribed. Schedule II prescriptions, for patients in a LTCF or patients with a medical diagnosis documenting a terminal illness, shall be valid for a period not to exceed 60 days from the issue date unless sooner terminated by the discontinuance of medication.

N.M. Admin. Code § 16.19.20.46

16.19.20.46 NMAC - Rp 16 NMAC 19.20.20(5), 07-15-02, Amended by New Mexico Register, Volume XXVIII, Issue 05, March 14, 2017, eff. 3/29/2017, Adopted by New Mexico Register, Volume XXIX, Issue 12, June 26, 2018, eff. 6/26/2018, Amended by New Mexico Register, Volume XXXI, Issue 23, December 15, 2020, eff. 12/15/2020