April asked
My pharmacist says it's NYS law to not fill my Adderall prescription early? Is this true? I got my last refill the 3rd. It's the 30th. Is this the law?
Answer
For Adderall (amphetamine salts), New York State allows you to fill your next Adderall prescription as long as you have used all but a 7 day supply of your previous fills. In other words, you are legally allowed to fill your Adderall prescription up to 7 days early. This law is colloquially known as the "7 day rule".
Per Rules and Regulations on Controlled Substances in NYS Part 80:
"Unless an earlier refilling is authorized by the prescriber, no prescription shall be refilled earlier than seven days prior to the date the previously dispensed supply would be exhausted if used in conformity with the directions for use."There are a few important notes to this law to be aware of:
- The number of days you fill Adderall early is cumulative. You cannot fill 7 days early every prescription, but 7 days early in total over the entire time you take Adderall at a specific dose.
- Certain pharmacies may have stricter rules regarding controlled substance fills. Many do have policies in place that do not allow early fills.
- Your doctor may specify a fill date on the prescription that is doesn't allow you to fill early. The pharmacy will have to abide by this.
In your situation, if you have not refilled your Adderall early before, and you last filled on May 3rd, you legally would be able to fill it May 26th (7 days early). However, if you filled it early in the past, those days count towards your early day total and this may be what the pharmacist is referring to. You can ask to get your prescription fill history so you have a better idea of how early you are.
In addition, your pharmacy may simply have strict policies on controlled substance fills or your doctor may have specified a specific fill date to your pharmacy.
