PURPOSE: This rule sets requirements for the partial filling of Schedule II prescriptions. (1) The partial filling of a prescription for a controlled substance listed in Schedule II is permissible, if the pharmacist is unable to supply the full quantity called for in a written or emergency oral prescription, and s/he makes a notation of the quantity supplied on the face of the written prescription (or written record of the emergency oral prescription), or in the electronic record. The remaining portion of the prescription may be filled within seventy-two (72) hours of the first partial filling; however, if the remaining portion is not or cannot be filled within the seventy-two- (72-) hour period, the pharmacist shall so notify the prescribing individual practitioner. No further quantity may be supplied beyond seventy-two (72) hours without a new prescription.

1. (2) The partial filling of a prescription for controlled substances listed in Schedules II, III, IV, or V is permissible, provided that—

   1. (A) Partial filling may occur at the request of a patient or it may be directed by the prescriber, unless the prescription is written for a patient in a long-term care facility (LTCF) or for a patient with a medical diagnosis documenting a terminal illness, in which case the pharmacist must record on the prescription whether the patient is “terminally ill” or “LTCF patient.”;
   2. (B) Each partial dispensing is recorded in the same manner as a refilling would be;
   3. (C) With each partial dispensing, the pharmacy must document the date and quantity dispensed on the original prescription record or their electronic computer applications, provided that the electronic system meets all of the federal requirements for handling of electronic prescriptions for controlled substances, including the ability to retrieve the information pertaining to partially filled controlled substances;
   4. (D) The total quantity dispensed in all partial fillings cannot exceed the total quantity prescribed;

   5. (E) No dispensing occurs—

      1. 1. For controlled substances listed in Schedule II, after sixty

2. (60) days after the date on which the original prescription was issued; and

   1. 2. For controlled substances listed in Schedules III and

IV after six (6) months after the date on which the original prescription was issued;

1. (F) A partial dispensing is not considered a “refill” if the patient does not receive the full authorized amount at one time; and
2. (G) The prescription was written and filled in accordance with all other applicable laws and regulations.

AUTHORITY: section 195.080, RSMo Supp. 2020, and section 195.195, RSMo 2016.* Original rule filed April 14, 2000, effective Nov. 30, 2000. Amended: Filed Jan. 29, 2015, effective July 30, 2015. Emergency amendment filed Sept. 17, 2018, effective Sept. 27, 2018, expired March 25, 2019. Amended: Filed Sept. 17, 2018, effective March 30, 2019. Amended: Filed Oct. 30, 2020, effective April 30, 2021. *Original authority: 195.080, RSMo 1939, 1965, 1971, 1987, 1989, 1997, 2005, 2010, 2012, 2014, 2018, 2019 and 195.195, RSMo 1957, amended 1971, 1989, 1993, 2014.