NACDS backs partial fills to curb opioid abuse, suggests changes in comments to DEA

The Drug Enforcement Administration’s rulemaking that implements a 2016 law allowing for the partial filling of Schedule II controlled substances is a necessary step to help address the opioid-abuse epidemic, yet changes are recommended to ensure success, the National Association of Chain Drug Stores said in comments to the DEA this week.

NACDS submitted its comments on a DEA notice of proposed rulemaking, which seeks to implement aspects of the Comprehensive Addiction and Recovery Act of 2016.

“Given the ongoing opioid epidemic in communities throughout the country – which has only been exacerbated by the COVID-19 public health crisis – the chain pharmacy community is steadfastly committed to policies and practices that serve to curb prescription drug abuse, misuse and diversion. Accordingly, NACDS strongly supports policies that facilitate partial filling of Schedule II prescriptions and those that set quantity or days supply limits for prescribers on opioid prescriptions. Both of these practices can promote careful use of prescription opioids and reduce the quantity of unused controlled substances that might otherwise be diverted or abused,” wrote NACDS president and CEO Steve Anderson in the comments to the DEA.

Anderson went on to say, “We commend DEA for moving forward with this rulemaking to align its regulations with recent statutory changes that further encourage partial filling practices for Schedule II prescriptions and that clarify additional issues related to the partial filling of these medications. However, we have identified a number of issues that warrant further consideration and clarification by DEA before the rule is finalized.”

NACDS recommendations intended to prevent delays in the delivery of patient care, support the intent of the 2016 law, and improve clarity for pharmacies and pharmacists include:

• Ensuring that the DEA’s rule and state laws are aligned on the concept of what is a valid prescription and on how pharmacists are to address prescriptions written for chronic conditions;
• Improving clarity about how pharmacists can comply with an array of recordkeeping requirements;
• Recognizing and accommodating that a prescriber may also authorize a partial fill for a prescription at some point after the original prescription is issued;
• Recognizing and accommodating situations in which a partial fill can be requested by a patient’s representative, such as a family member or other caregiver;
• Clarifying that a patient may request a partial fill in any manner allowed by states; and
• Setting the effective date of a rule as six months after its finalization, to allow pharmacies adequate time to update systems, policies and procedures.