Ashley asked
I am filling my valium prescription at Walgreens. This is the 2nd month in a row that they say I cannot pick up my medication until the 31st day of the 30 day prescription. I have explained to them that this leaves an 8 hour time gap between 12am and 8am that I will not have my anxiety/ muscle spasm medication. I believe the principle of the matter is that I should legally be able to pick up my medication on the 30th day and I feel as though I am being treated wrongly. I know pharmacists have the right to basically make their own call, but this is the first time Walgreens has done this to me. Are they allowed to make me wait until the 31st day of a 30 day prescription if they cannot provide me my medication by 12am?
Answer
Legal questions are always a little bit tricky as they can vary state by state. In the situation you explained, as long as you haven't filled early in the past, I feel the pharmacy is being a little too strict.
Although it doesn't make the most sense, waiting until the 31st day of a 30 day supply is what all pharmacies go by. For example, if you filled something January 1st, you would be due for your next prescription on January 31st. That puts many patients in a bind because they are out on that 31st day and need to go to the pharmacy in the morning to continue taking their medication as prescribed.
In terms of the actual law, I practice in New York State and this is how the law reads:
"No additional prescriptions for a controlled substance may be issued by a practitioner to an ultimate user within 30 days of the date of any prescription previously issued unless and until the ultimate user has exhausted all but a seven days' supply of that controlled substance provided by any previously issued prescription."
So in New York at least, the law states the user can have a 7 day supply on hand. This is in the law for situations like yours or when patients may have difficulties traveling to the pharmacy. It's all about making sure patients can take their medications as prescribed without a disruption in therapy.
As long as you don't have a history of early fills, I don't see why a pharmacy would hold you to the exact day due to your situation. My recommendations would be to either change pharmacies or have you doctor specifically write on the prescription to fill a certain date. Many times having that doctors note on the prescription means everything.
Unfortunately, people that are always trying to get early fills for controlled substances make it much more difficult for legitimate patients. Pharmacists are always weary of patients trying to get controlled substances filled "early". Accurately describing your situation and having a doctor back you up is honestly the best thing you can do. A pharmacist is certainly doing a disservice to you if you are taking your medication as prescribed and they are disrupting your therapy.
