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VA BOP-Guidance on Transferring Medications to Mitigate Diversion

06/06/2020 8:50 AM | Steve Glass (Administrator)

Additional Guidance on Transferring Medications to Mitigate Diversion

VSHP clarified with the BOP regarding this situation. Please see below:

If a pharmacy is in need of transferring drugs to another pharmacy to mitigate possible diversion due to emergency circumstances, it may transfer the drugs via invoice under the current waiver of the 5% allowance for a pharmacy to act as a wholesale distributor without holding a license as a wholesale distributor. 

  • Schedule II drugs must be transferred via DEA 222 form. 
  • A common carrier or pharmacist should perform the movement of the drugs. 
  • Any transfer of these drugs back to the original pharmacy location must also be done via invoice and DEA 222 form, as necessary. 
  • Pharmacies should alert the Board and the DEA local field office of this transfer.   

DEA is finalizing guidance on this subject as well and hopes to post the information later today on its website. 

The board will email licensees additional guidance after seeing DEA’s position in hopes of creating consistency.

Below is copied from

New as of 4/28/2020: 5% Distribution Rule (§ 54.1-3435.02(A))
Notwithstanding Virginia Code § 54.1-3435.02(A), a permitted pharmacy that fully complies with all other requirements of 21 CFR 1307.11 may distribute controlled substances beyond five percent of the gross annual sales of prescription drugs by the relevant permitted pharmacy or beyond five percent of the total dosage units of the Schedule II through V controlled substances dispensed annually by the relevant permitted pharmacy without being licensed as a wholesale distributor. This exception is in effect until the public health emergency declared by the Governor in EO51 expires or is terminated, unless the Board of Pharmacy specifies an earlier date or otherwise first modifies or withdraws this exception. All distributions made by a permitted pharmacy from January 1, 2020, until the date this exception ends will be excluded from consideration in applying the five percent wholesale distribution restrictions in § 54.1-3435.02(A).

Natalie Nguyen, PharmD, MSHA

VSHP Legislative Committee Chair


tel:  850-906-0779

fax:  850-893-1845

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