Joint Policy of the Department of Public Health, Drug Control Program and Board of Registration in Pharmacy

Amendment to DEA Regulation 21 CFR 1306 (Effective Dec. 19, 2007)

On November 19, 2007, the Drug Enforcement Administration (DEA) published a Final Rule on the Issuance of Multiple Prescriptions for Schedule II Controlled Substances [Federal Register: November 19, 2007 (Volume 72, Number 222); Rules and regulations; Pages 64921-64930]. Effective December 19, 2007, amendments to 21 CFR 1306 allow practitioners to provide individual patients with multiple prescriptions, to be filled sequentially, for the same Schedule II controlled substance, with such multiple prescriptions having the combined effect of allowing a patient to receive over time up to a 90-day supply of that controlled substance.

Determination that State Law is in Accordance with Amended DEA Regulation

The Massachusetts Department of Public Health, Drug Control Program and the Board of Registration in Pharmacy have jointly determined that the issuance of multiple Schedule II prescriptions, in accordance with the requirements of the amended DEA regulation, is permissible under state law.

Date of Issuance

In order to comply with M.G.L. c.94C, § 23, and the amended DEA regulation, the "Date of Issuance" shall be the "Do Not Fill Before" date (or similar language) indicated by the prescriber. The "Date Written" shall be the date that the prescription was written and signed by the prescriber. Thus, in accordance with M.G.L. c.94C, § 23, such a written prescription will become invalid 30 days after the date of issuance.

AUTHORITY: M.G.L. c. 112, ss. 42A and 94C
Board of Registration in Pharmacy Adoption Date: December 11, 2007


Additional Information Regarding Amended DEA Regulation

  • 21 CFR 1306.14(e) states: "Where a prescription that has been prepared in accordance with section 1306.12(b) contains instructions from the prescribing practitioner indicating that the prescription shall not be filled until a certain date, no pharmacist may fill the prescription before that date."

  • In the DEA response to comments accompanying the Final Rule, the DEA affirmed that no oral modifications may be made to the earliest date on which the Schedule II prescription may be filled.

  • For further information on this or any other DEA Regulation, refer to www.deadiversion.usdoj.gov or contact DEA directly at (617) 557-2191.


This information is provided by the Division of Health Professions Licensure within the Department of Public Health.