Expert: Barbara Judge - 10/31/2009

Question
QUESTION: My Dr. just gave me a prescription to fill, but also gave me two months of samples for that medication (Lipitor). I was going to use up the samples first and submit the Rx to the pharmacy then, or should I submit it now or does it not matter?  Thanks

ANSWER:      This actually depends on the laws of your state.  It should not matter if you use up the samples before submitting the prescription as long as you do not hold the prescription beyond the "life" of the prescription.  In Indiana, where I practice, that is 1 year from the date the prescription by the doctor.  Other states may have other laws which govern this.  Federal law is 2 years from the date first filled and does not address the date written. State laws may be anything less than this but not be longer than Federal law.  The best thing you can do is ask your local pharmacy.

Thanks

Barb Judge

---------- FOLLOW-UP ----------

QUESTION: Even if someone held the Rx for years, they couldn't submit it anyway because it's only good for a year in most places, so why is there a law against holding it beyond the life of the Rx? But separate from that, I'm in Colorado and thought that if I submit the Rx 2 months later, I can only fill it for 10 months, since more than that would be more than a year after it was written. Or can I submit it after 2 months and still refill it every month for 12 months? I'm confused.  Thanks

Answer
    I do not practice in Colorado and do not know Colorado law.  You really need to ask your local pharmacy. As far as I know it could be either or up to Federal law which is 2 years.  That is why I am asking you to ask someone who practices in Colorado, since every state has different laws and we are not required to learn them all, only Federal law and the state laws of the state(s) in which we practice.

Thanks

Barb Judge