Schedule II prescribing laws?

Posts: 12
Joined: 2008-06-23

Hello everyone,

I am hoping that someone here can help me with this.  I currently take a scheduled II medication on a regular basis.  In past years, I was required to pick up the script each month from the doc.  However, recently, he has told me that the law changed to where he could write 2 post dated scripts so that I do not have to be rechecked every month, but rather every 3 months. 

Now, does anyone know where I can find a legit article about this new change?  My child is on a schedule II as well and I have to drive two cities away to get his med script every month because I usually totally forget about it until it is too late to mail it.  This is becoming a huge inconvenience because he runs out frequently.  I know that is "my fault", but it sure would make it easier if his pediatrician could at least write us a total of 3 scripts to cut down on the amount of times I have to run out there.

Thanks for your help!





Posts: 171
Joined: 2008-04-22
I am not positive

about the law regarding this but I know some people that their doc post dates CII scripts.



Posts: 865
Joined: 2006-04-12
I dont think this is a

I dont think this is a change in the law but rather your doctor using a loophole in the law. For a schedule II you need a paper script each month and there cant be refills but there is nothing really stopping a doctor from post dating you a handfull of scripts as long as he trusts you not to try to fill them early. I am not sure on the exact legality of it but as long as you dont go to get the second script early you should never have a problem



Posts: 66
Joined: 2008-09-24
It is

legal for refills on a CIIIscript but not for CII scripts. Hoever you do need to have the hard copy with you when you pick up.. If it is called in the doctor's office needs to send the hard copy within a certain amount of time to the pharmacy.



Posts: 66
Joined: 2008-09-24
CII Scripts

I am not sure either but I think it depends on your situation and your relationship with your doc.  He might be willing to bend the rules a bit if you are a longtime patient with a unique situation.  Just ask your child's Pediatrician or treating doc if it is something he would do for you given the amount of driving you're doing.  Who knows, look it up on line somewhere maybe they have changed the law.  I will see if I can find anything on it and post back later.



Posts: 66
Joined: 2008-09-24
CII Scripts

Here you go:  Indeed, the DEA said, physicians can mail a new prescription for a CII drug to patients or their pharmacy. To facilitate timely dispensing of the medication without requiring clinically stable patients to come in for a monthly office visit, physicians may even fax CII prescriptions to pharmacies. However, when patients pick up the medication, they will still be required to present the signed and dated original.  I will also post the url that I found this info in case you would like to read more.  http://pn.psychiatryonline.org/cgi/content/full/40/19/22



solo5010's picture
Posts: 1227
Joined: 2005-10-06
To the OP, it is has been

To the OP, it is has been ruled by the DEA that doctors can give there patients a 90 day supply of CII medications begining on December 19, 2007. However they can technically write as many scripts as they want as long as it totals a 90 say supply (they could write 12seperate 1 week supplies). They also are not allowed to "post date" the prescriptions. They are suppose to date all the scripts for the date that you are actually seeing the Dr. and they are suppose to write on the script "do not fill until such and such date". Here is a link to the official Q&A reguarding this on the DEA's site so you can print it off for your sons doc. Also, if I knew what state you lived in, I could look up there specific legislation and give you a deffinate answer.



Posts: 12
Joined: 2008-06-23
Thanks Solo and everyone......

I live in Mississippi and I'm going to check out this DEA site you posted for me.  I really appreciate it.  I just think that the strict structure my son's doc is following a little overbored considering he's taking the lowest possible dosage of his ADHD medication.  He's 6 and obviously not a drug seeker.  Uhg!




amanda23's picture
Posts: 38
Joined: 2008-05-14
6 and takeing ADHD

wow i'm not here to judge but really why did you put your child on medication? my 4 children are adhd but i'm dealing with them driving me crazy instead of watching them be numb inside. or a zonbey lol at least thats what happened to my kids. when the doctor first tried it then i couldn't handle my kids takeing meds either.. cause i think they dont need it.. there just kids but wow sorry to hear about your knees




Posts: 12
Joined: 2008-06-23
Yes, please don't judge.....

I love my children very much.  I have three children and I am problaby the closest to my son who is ADHD.  My son has severe ADHD.  I am not just feeding him meds for the hell of it.  We are also actively involved in behaivor managemnet, etc.  However, I want what is best for my child.  He is in no way a zombie or numb.  If your children had that effect, then they were not on the right medications.  The medication he is on is an instant release medication that is prescribed ONLY to help him be able to function in a classroom.  The medication only works for roughly 4 hours.  It's not an extended release, all day long thing.

His attention span is roughly 1 second without his medication, through no fault of his own.  He went from failing school and constantly having behaivor issues because he just simply can not sit still to making straight A's and becoming student of the month, all following placing him on the mildest possible medication regime. 

You certainly should not judge me.  I am not a lazy parent who does not want my child to act like a child so I don't have to deal with it and it really is upsetting to me that anyone who DOES NOT KNOW ME would even suggest that I'm medicating him so he won't drive me crazy.  That is not who I am.  I medicated him to help him succeed and stop failing for no fault of his own.  If my child had any other disorder, you would not question why I'm treating him for it so why question me now?

My child also has severe tics, which his ADHD medication also helps to calm down.  What would you suggest that I tell him?  "I'm sorry that the other children are constantly making fun of you for something that I really could help you with and I'm sorry that you are failing in school, eventhough I know you are very smart, but you'll just have to suck it up baby and deal with it because I don't think you "need" medications for it.  You really should just suffer your entire life until you can figure out how to cure youself.?  How's that sound?  How do you define "need"?

Yes, you successfully hit a big ole nerve with me!! 




Posts: 171
Joined: 2008-04-22
I AGREE w/you livingwithpain

Preach the truth, sister!!



amanda23's picture
Posts: 38
Joined: 2008-05-14
no like i said i wasn't judging... i was more.. talking

i wasn't judgeing you.. i was ceriouse to see what your opoinen was. sorry if you took it the wrong way




Posts: 66
Joined: 2008-09-24
Don't you love these people

who think no condition warrants medication.  Like Tom Cruise thinking anti depressants are optional.  There is no reason you even need to explain why your son is taking meds but I can understand you wanting to set the record straight.  Your son is so lucky to have a Mom who cares about his well being and success.  I have always been an advocate of medication if it helps to treat your condition and improves the quality of one's life.  I am happy for you that you found a med that can help him ease his unfair lot in life and I would gladly give it to my child if I were in your position.  Hope he continues to improve and be successful in life.  Good luck, although we know it has nothing to do with luck.  



Posts: 865
Joined: 2006-04-12
Yes your son is probably not

Yes your son is probably not a drug seeker at 6 years old but there is nothing stopping you from diverting his meds anyway. And he is six years old of course he is going to be on the lowest dose.



Posts: 12
Joined: 2008-06-23
Never occured to me that a parent would..........

take a child's meds.  Guess I just don't think that way, your right.  That's probably why the doc will only do the 1 script in his practice.  I never even considered that. 




Posts: 1027
Joined: 2007-04-12
Just to clarify a bit...the

Just to clarify a bit...the law in your state may still forbid the new changes enacted by the federal government.  In my state I am having mixed results with with writing three scripts for a single C-II drug, but must admit I do not know if it is because my state law has not changed in order to conform with the federal law, or if the pharmacists are not all up to speed yet.  It is also up to the individual physician's discretion whether or not to give more than one month at a time.   




mommy2two's picture
Posts: 108
Joined: 2008-06-10
I commend you for being a

I commend you for being a very informed parent. No one should judge how you handle your children, to each their own. Not to mention you are doing the very best for your son. The proof is in his turn around. I hope that he continues to thrive.

 

I'm just a Mom, in pain, a tad crazy, giving my 2 cents.




Posts: 4
Joined: 2008-10-06
TEACHER PUSHING ME TO PUT 7 Year Old on MEDS!!!

 Living With Pain have you considered finding a new doctor that is closer to home? After all your child has documentation from the current doctor. It seems kike you could possibly find someone closer to home to write his meds. The next time you are at your son's doctor get several blank medical release forms. Get documentation from the school concerning his grades and behavior and you should be able to find a doctor, even if it;s at the county clinic. There's no reason you should have to drive that far for sucha low dose of Meds. Good luck and I'll say a prayer for you and your family.

I have a 7 year old son and his teacher is really pushing me to put my son on medication. My son, Jon, is doing well in academics. He gets an excellent for work habits each week and he gets a B or C in behavior. He got one D several weeks ago. He has always been a motor mouth, just like his mom. He has a great attention span. I just don't understand why she is so insistant on medicating him. Her sister in law was Jon's first grade teacher so I'm sure they had a few long talks about my son. So, I have no doubt that she had formed an opinion about him before she even met him. He has 2 problems that keep reocurring 1) He doesn't follow dirctios on the first request and 2) he talks in the hall.

So, we have been working real hard on getting him to behave. As the weeks have gone by he is doing better. This week he will probably get an "A" in behavior! I Told him that if couldn't learn to control himself he would have to go to the doctor and take medicine. He doesn't want to do that! NOw he is improving now that he understands that he can' get away with acting the way he wants.

What should I do to get this teacher to back off?

The boy doesn't need meds he needs discipline! Ant consructive criticism is welcome!

BRUCE JONES




Posts: 1027
Joined: 2007-04-12
I think the real question is

I think the real question is how do you tell if your child would benefit from medication in order to do well in school.  The best way to access that is to have him tested for learning disabilities, and to have him evaluated by a child psychiatrist who is skilled in diagnosing and treating ADHD, which would include among other things, written reports from his family and teachers on his behavior at home and school, and a detailed family history. 

I don't think the threat of having to go to the doctor and take medication is a proper motivator to curb bad behavior!




Posts: 12
Joined: 2008-06-23
Agree with Dr. Lois....

Bruce,

I fully agree with Dr. Lois.  I think having him tested will give you some clear answers.  If you don't want the school to have a record of what all is said during testing, then don't sign the release that allows the doc to send the report to the school.  That is exactly what I did.  I had no issues with my child's teacher knowing he was testing or knowing his diagnosis, but I just did not feel she should be privy to the inner workings of my childs brain unless necessary.

The testing will benefit you in many ways.  Fist of all, you may be able to gain from the test a better understanding of your son and what discipline techniques would work best for your son.  Secondly, if he does not have ADHD/ADD or another development issue, then you can get the teacher to back off.  I would like to also say that, even if he has ADHD/ADD, that does not mean that you HAVE to place him on medication right now necessarily.  He may have it to such a mild degree that behaivor modification is all that is needed or he may need medication and behaivor modification.  You will just be much better equiped to make the decisions you need to make, following testing.

Thank you for your kind words and I will be praying for you and your son as well!

 

Living With Pain




Posts: 66
Joined: 2008-09-24
I am going through the same thing

with my 9 yr old daughter. She has always been an inquisitive and talkative child but I have just recently took notice of how it is affectng her academically. I was in her Pediatricain's office this past weekend and mentioned the behavioral issues to her. She is not able to focus in school and is behind as a result of this. The Ped suggested having her tested since she herself noticed a level of high activity within my daughter. She is overall a well behaved child but constantly needs to be redirected and scolded for not following directions and doing things impulsively. I just filled out the Home Evaluation and handed her teacher the School Evaluation this morning. I'm just wondering what to do next. My instincts as well as some of the posts tell me to make an appt with a child pshch who specializes in ADHD and this is what I am going to do. I was just wondering if anyone had any further advice to give me on the subject. I would be very grateful to find out all that there is to know and what some of you others who have dealt with this think I should do now. This is ironic since I only posted a few days ago to another mother on this thread who is going through the same thing and I had no knowledge that I would be making the same heart wrenching decisions just a few days later. Thanks to all.



Posts: 10
Joined: 2008-10-14
to medicate or not to medicate, that is the ?

you will be in my prayers.  my son, before he died, had severe adhd.  after finally giving in to teachers daily badgering of me, i did decide to put him on adderall, which worked when he would take it and not put the pill under the mattress....  very very long story; however, what worked just as well (had we stuck with it) was the feingold diet.  however, it is a lot of work, but the results were great, we just got lazy.  it is definately worth checking out.  good luck!!!  oh, and remember, try to stay positive when dealing with him, for me any way, i found if i concentrated on positive reinforcement instead of nagging at him, the results were typically better.  i just had to learn to control myself, my anger, and find some patience.  i truly wish you the best.




Posts: 66
Joined: 2008-09-24
I am so sorry about your son.

I know you were not replying to my post but I read yours and wanted to just say sorry for your loss.  I posted just above you with the 9 yr old daughter possibly about to start treatment of ADHD. 

Best Wishes,

Sweet P




Posts: 10
Joined: 2008-10-14
i'm no expert, but i don't

i'm no expert, but i don't think this is new, my doctor has been doing this for me for over 2 years.  i think it depends on the doctor and what their particular office policy is.  and of course, the difference between an adult and a child, probably have to be more careful with children.



Posts: 1027
Joined: 2007-04-12
Was your doctor dating all

Was your doctor dating all the scripts for the day he wrote them?  It is illegal to "post date" prescriptions, although I admit I have done the same on rare occasions with extenuating circumstances.  Writing different dates on the prescriptions may have been how your doctor got around this rule.  It is also possible that the drug in question was not a C-II. 

I am a doctor not a lawyer or an Indian chief.  This must not be taken for legal advice, and reflects only my limited understanding of US law as it relates to medical practice.