Understanding California’s Adderall Prescribing Regulations

Introduction to Adderall and Its Common Uses

Adderall is a prescription medication that contains two active ingredients: dextroamphetamine and amphetamine. Amphetamine is the principal drug, usually listed in products as either dextroamphetamine or amphetamines, and is actually a naturally occurring element of the human body. It is an enantiomer of amphetamine. Dextroamphetamine is the levorotatory endogenous enantiomer of amphetamine and is also found in the human body .
The medication is a stimulant of the central nervous system and it works by affecting certain chemicals in the brain to help improve attention span in patients with hyperactivity. Medically, it is used to treat attention deficit hyperactivity disorder (ADHD) and narcolepsy.
Because it is chemically related to methamphetamine, Adderall is a controlled substance. It is classified as a schedule II prescription drug. Schedule II drugs are considered to have a high potential for abuse, with use potentially leading to severe psychological or physical dependence.

Adderall Prescription Laws in California

California has laws that govern the prescription of Adderall and other drugs in the class of medications that amphetamines (stimulants) fall into. These laws, although somewhat detailed, essentially are aimed at preventing people from "doctor shopping," which occurs when patients see multiple doctors then attempt to forge prescriptions for drugs in this class (or others).
Under California law, a health care provider must meet the following requirements in order to lawfully prescribe Adderall:

  • Take a "complete" patient history and then write a prescription only after determining that patient has a medical need for the drug;
  • Have an office practice such that they are able to do an appropriate exam of any patients, including an accurate diagnosis;
  • Document in the patient’s chart sufficient information about the medical condition;
  • Include the date that any prescription is written, as well as instructions for refills on the original prescription;
  • Record the quantity of any drug prescribed in the patient’s chart;
  • Maintain certain separate, secure files for controlled substances.

In addition to those requirements, obtaining a prescription for Adderall in California requires that patients follow certain steps:

  • Have a "valid" doctor-patient relationship;
  • Attend an initial counseling appointment that is designed to educate the patient about the drug in terms of: dangers, administration of the drug, its effectiveness and safety, that participation in the counseling session is not mandatory, and how to obtain further information about the drug;
  • A patient may be excused from the first appointment if he or she is unable to attend due to immediate need by the doctor;
  • A patient may also be exempted from the counseling appointment requirement if he or she:

i. Is unable to attend (hears or speaks a certain language, is a patient of a facility where such education occurs, etc.);
ii. Does not have access to the Internet or has difficulty accessing or using it; or
iii. Has a condition such as being deaf.

– If a patient is required to attend a counseling appointment, a provider must document the presence of the patient in the chart as well as the date of the appointment.

Regulations for Refilling an Adderall Prescription

When filling a prescription for Adderall, your doctor may write a maximum allowable number of refills. For example, if your doctor prescribes a thirty-day supply of the medication at a time, they might write that you can obtain no more than five refills. The law further requires that you obtain the initial prescription and each refill in person and in a timely manner. For example, your pharmacy will reject a refill if you are still in possession of your most recent prescription and you try to refill the new prescription before the last one is exhausted.
Also, your physician may ask that you see them for an in-person consultation at least once for every year for which you have any Adderall prescription. This is true even if you have been taking Adderall or another ADHD medication through your physician for years and you are requesting a new prescription for your existing dosage. This rule applies whether you have obtained your refill through the same or a different physician. The law is intended as a safeguard against prescription drug abuse.
At the end of the day, what this means for you is that when you go to your doctor and they prescribe you Adderall, they are doing so from a place of strict adherence to the law following your request. They cannot provide you with a refill beyond transportation and office expenses within the prescribed time period, no matter how much you might want to get your prescriptions filled without worrying about the dates.

Penalties for Misusing Adderall

In California, not only is it illegal to use Adderall without a prescription, but failing to even properly secure the prescription can be problematic. Failing to follow California’s prescription laws can cost you jail time. If you are discovered possessing a Schedule II drug, even with a valid prescription, you may still face drug charges. State law allows for drug possession when in accordance with a valid prescription, but even with a valid prescription in your possession, you may still be charged if: Possession of Adderall or another Schedule II drug without a proper valid prescription is generally a misdemeanor. Possession of more than table-size amount of Adderall or other Schedule II drugs can be charged as a felony, potentially resulting in up to three years in prison and hefty fines. Adderall is more closely regulated than most prescriptions because of its strong addictive potential. The heavy penalties associated with Adderall misuse or possession may be associated with the manufacturer’s funding for effective anti-drug campaigns.

How to Get an Adderall Prescription the Legal Way

To legally obtain an Adderall prescription in California, several steps must be followed:
Medical assessment: Just as with any other medication, it’s important to first determine if you truly have a medical need (and thus a legitimate reason to take the drug). To do this, it is important to go through some type of testing or assessment by a doctor. This might include things like separate vision, cognitive function and brain tests, as well as gathering information about your medical history and family history for any disorders.
Documentation: Once you have gone through the testing process and your doctor has determined you do need a prescription for Adderall or another similar drug, they will provide you with appropriate documentation. Switching doctors and getting multiple prescriptions from different physicians is not legal; this is one of the primes ways in which prescription drug abuse comes about. Therefore , a clearly defined and important part of the process is obtaining the right type of documentation from your doctor.
Prescriptions and Pharmacy Visits: Once the doctor provides you with a prescription, it will be your responsibility to fill it at your pharmacy of choice. The pharmacy is required by law to ask for your identification — so do not be alarmed if you have not had to show an ID in the past when having prescriptions filled. Any pharmacy that doesn’t ask for an ID is doing so illegally and is also likely to ask for the appropriate documentation each time.
It’s important that if/when you need to get an Adderall or other prescription for ADHD filled, that you work with a licensed, local doctor who performs the appropriate tests and provides you with all the associated documentation for your medical records.

Seeking Alternatives to Adderall for Treating ADHD

Alternative Options to Adderall for Treating ADHD
In addition to or instead of Adderall, there are a number of different drugs available to treat ADHD. Depending on the situation, a physician may choose a prescription drug from several different types of ADHD medications:
Stimulant medications: the most popular alternative to Adderall is another stimulant prescription drug, as studies have shown that highly effective ones exist. There are stimulant medications available as long-lasting drugs, as well as others that have a more immediate effect. Common stimulants that can be prescribed in place of Adderall include:
Non-stimulant medications: if a person is contraindicated for a stimulant medication, these should be the next type of treatment tried. These do not stimulate the central nervous system, and only target norepinephrine. They can be more effective than some of the other non-stimulant medications, including antidepressants or off-label medications, but they do have some side effects and don’t work for everyone.
Antidepressants: some patients have been known to effectively use these off-label until they can be provided with an alternative to Adderall.
Non-medicinal treatments: the use of behavioral therapy, social skills training, cognitive behavioral therapy and organizational skills training have been used to varying success and according to the individual patient. For some patients, these treatments could even in some cases replace the need for medication entirely.

Recent Modifications in Prescription Laws

In recent years, California has seen changes in the prescription requirements for Adderall. One of the most notable changes is the Electronic Prescribing (e-prescribing) of controlled substances, a program that was established in 2016. Under this program, physicians and other prescribers must now issue electronic prescriptions for Adderall. E-prescribing is designed to prevent fraud and improve safety by using an electronic system that provides a detailed record of the prescribing process.
Another significant change in California prescription laws occurred in 2018, when Governor Jerry Brown signed AB 1751. This law requires that healthcare providers establish a Controlled Substance Utilization Review and Evaluation System (CURES) prescription drug monitoring program by 2020. This means that prescribers must perform CURES checks when prescribing an initial treatment with a controlled substance, such as Adderall. The purpose of this law is to deter doctor shopping and over-prescribing practices by making it harder for patients to acquire multiple prescriptions from different physicians.
These changes have had a significant impact on both patients and healthcare providers. On the patient side , many people find it increasingly difficult to obtain a prescription for Adderall. Some doctors are on board with the new regulations, but others have shied away from prescribing controlled substances altogether. This can leave patients in need of Adderall — a drug that is commonly prescribed to treat Attention Deficit Hyperactivity Disorder (ADHD) and Attention Deficit Disorder (ADD) — without access to their medication.
For healthcare providers, the new drug laws add administrative burdens and the potential for liability. If a doctor prescribes Adderall to someone with a history of overuse or abuse, they could be held responsible for any negative outcomes the patient experiences as a result. While the law states that doctors cannot be held liable for simply prescribing Adderall to someone with a known history of addiction, it does not take into account the fact that patients can sometimes use drugs not as directed, regardless of their past history. In these cases, doctors may be held partially responsible for the actions of a patient, even when such actions come as a surprise.

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