Civil Unrest Q&A RE Transfer of Prescriptions

Drug Enforcement Administration
Diversion Control Division
Guidance Document
Title: QA Civil Unrest – Transfer of a CII prescription
Question: I am a pharmacist who is unable to dispense schedule II prescription medication due
to civil unrest. How can my patients obtain their controlled substance medications?
Answer: If you are unable to conduct business, it is recommended that you advise your patients
of the following regarding how they may obtain their schedule II prescription medications from
another pharmacy.
If your patient received a paper prescription that you have not filled, you generally may
simply suggest that your patient take that prescription to another pharmacy. Your patients also
may contact their doctor to obtain a new paper or electronic prescription for a schedule II
controlled substance. The original pharmacy should document on the original schedule II
prescription that it is void, the date the prescription was voided, and the reason for voiding the
prescription. 	See 21 CFR 1311.200(h) (requiring a pharmacy that receives an original electronic
prescription which it cannot dispense to mark the electronic version as voided or cancelled). In
addition, in the case of an emergency situation, a practitioner may issue an emergency oral
prescription to a pharmacy subject to certain requirements. 	21 CFR 1306.11(d). 	Please refer to
DEA’s guidance regarding certain limited exceptions to these emergency oral prescription
requirements during the COVID-19 Public Health Emergency on the DEA COVID-19
Information Page. See specifically DEA Policy: Exception to Regulations Emergency Oral
CII Prescription (Effective March 28, 2020) (DEA-DC-021).
DEA recommends that you contact your state pharmacy authority to ensure that you
remain in compliance with state pharmacy laws and guidance. Please contact your local DEA
field office for additional information.
Guidance documents, like this document, are not binding and lack the force and effect of
law, unless expressly authorized by statute or expressly incorporated into a contract, grant, or
cooperative agreement. Consistent with Executive Order 13891 and the Office of Management
and Budget implementing memoranda, the Department will not cite, use, or rely on any guidance
document that is not accessible through the Department’s guidance portal, or similar guidance
portals for other Executive Branch departments and agencies, except to establish historical
facts. To the extent any guidance document sets out voluntary standards (e.g., recommended
practices), compliance with those standards is voluntary, and noncompliance will not result in
enforcement action. Guidance documents may be rescinded or modified in the Department’s
complete discretion, consistent with applicable laws.
EO-DEA207, July 6, 2020, DEA-DC-041