8.3 Prescription Transfers: Oregon's Next-Business-Day Duty & Federal Controlled Substance Limits
Key Takeaways
An Oregon pharmacy must transfer a prescription requested on the patient's behalf by the end of the next business day, unless doing so would compromise safety or violate law.
In Oregon, the sending pharmacy invalidates the transferred prescription, and the receiving pharmacy obtains all prescription information and refill history.
Schedule III–V refills transfer one time only between pharmacies, unless they share a real-time database, and must be communicated directly between two licensed pharmacists.
Since August 28, 2023, an unfilled electronic Schedule II–V prescription may be transferred once, electronically, for its initial fill (21 CFR 1306.08(e)).
Oregon requires transfer records to be kept 3 years, longer than the federal 2-year minimum, and a transferred-in prescription triggers an offer to counsel.
Why this matters
Area 3.2 tests "transferring prescription/drug order information between pharmacies by authorized personnel." Oregon's rule (OAR 855-041-2115) focuses on accuracy, invalidation at the sending pharmacy, a duty to transfer, and a next-business-day deadline. Federal rules add the controlled substance limits, including the 2023 transfer rule for unfilled electronic prescriptions.
Oregon rule (OAR 855-041-2115)
- When allowed: prescriptions may be transferred between pharmacies for an initial fill or a refill, provided:
- The prescription is invalidated at the sending pharmacy.
- The receiving pharmacy obtains all the information constituting the prescription and its relevant refill history, accurately and accountably.
- Controlled substances may be transferred only one time, unless federal regulation permits or forbids otherwise.
- Electronic transfers must transmit accurately and create an original prescription, or an image of it, with refill history for the receiving pharmacist to verify. They must invalidate the prescription at the sender and, for controlled substances, follow the federal rules adopted in OAR 855-080.
- Duty to transfer: an Oregon-registered pharmacy must transfer a prescription to a pharmacy that requests it on the patient's behalf, by the end of the next business day after the request. The only exception is when the transfer would compromise patient safety or violate state or federal law.
Under OAR 855-041-1170, offering inducements to get prescriptions transferred from another outlet is a ground for discipline of the outlet.
Federal rules for controlled substances (21 CFR 1306.25)
| Item | Rule |
|---|---|
| Schedules eligible | III, IV and V for refills. Schedule II prescriptions have no refills to transfer |
| How many times | One time only between pharmacies, unless they share a real-time, online database. Then they may transfer up to the maximum refills allowed by law and the prescriber |
| Who communicates | Directly between two licensed pharmacists |
| Transferring pharmacist records | "VOID" on the prescription (or the electronic equivalent); the receiving pharmacy's name, address and DEA number; the receiving pharmacist's name; the date of transfer; and the transferring pharmacist's name |
| Receiving pharmacist records | "TRANSFER"; the date of issuance; the original number of refills; the date of original dispensing; the number of valid refills remaining; the dates and locations of previous refills; the transferring pharmacy's name, address, DEA number and Rx number; and the transferring pharmacist's name |
| Retention | Both pharmacies keep transfer records. Federal law requires 2 years; Oregon requires 3 years (OAR 855-104-0055; ORS 689.508) |
Unfilled electronic controlled substance prescriptions (21 CFR 1306.08(e); effective August 28, 2023)
At the patient's request, an electronic prescription for a Schedule II–V controlled substance that has not been filled may be transferred once between DEA-registered retail pharmacies for initial filling. The prescription must stay in electronic form and be transferred directly between two licensed pharmacists, with the required information recorded. Paper Schedule II prescriptions cannot be transferred. If a pharmacy can't fill one, it returns it to the patient.
Non-controlled transfers
For non-controlled drugs, Oregon's rule allows transfers for the remaining refills while the prescription is valid. A non-controlled prescription expires one year after issue (OAR 855-041-1125). Oregon's rule speaks in terms of accuracy and accountability rather than naming who must speak on the phone. Federal law requires pharmacists for controlled-substance transfers. In every case:
- The receiving pharmacist verifies the transferred prescription and performs the DUR.
- Counseling must be offered because the prescription was transferred in (OAR 855-115-0145).
- Any technician involvement must avoid interpretation, evaluation or judgment that a pharmacist does not verify (OAR 855-125-0150).
Putting it together
Important
Counting transfers. If an independent pharmacy received a lorazepam prescription by transfer last month, it cannot transfer it again to a third independent pharmacy. The one-time limit has been used. The patient needs a new prescription.
Exam scenario
On Tuesday, a patient's new pharmacy calls to request the transfer of three maintenance prescriptions: lisinopril, sertraline and zolpidem (CIV, 2 refills remaining, never transferred before). The sending Oregon pharmacy must complete the transfers by the end of Wednesday. Its pharmacist must communicate the zolpidem transfer directly to the receiving pharmacist, record "VOID" and the receiving pharmacy's DEA number, and keep the records 3 years. The receiving pharmacy may fill the zolpidem but cannot transfer it again unless the two pharmacies share a real-time database.
A patient asks Pharmacy B, in another town, to obtain her prescriptions from an Oregon Pharmacy A. Pharmacy B calls on Monday. Under OAR 855-041-2115, what must Pharmacy A do?
Transfer the prescriptions within 72 hours if the PIC approves
Transfer only if the patient comes in person to sign a release
Transfer the prescriptions by the end of the next business day unless it would compromise patient safety or violate law
Transfer at its discretion, since there is no duty to transfer
An Oregon pharmacy cannot fill an unfilled electronic prescription for amphetamine salts (CII) because of a shortage. The patient asks that it go to another pharmacy. What is permitted?
Transfer is never allowed for Schedule II
A one-time electronic transfer for initial filling, between licensed pharmacists, under 21 CFR 1306.08(e)
Print the prescription and hand it to the patient
Fax the prescription to the other pharmacy as the original
An independent pharmacy received a clonazepam prescription by transfer from another independent pharmacy. The patient now asks it to transfer the remaining refills to a third pharmacy. They share no database. What is correct?
The transfer is not permitted; controlled substance refills may be transferred only once between pharmacies without a shared real-time database
The transfer is permitted once per pharmacy
The transfer is permitted if a technician documents it
The transfer is permitted if completed within 72 hours
Sections you finish are checked off in the contents.