Pharmacy Not Filling My Testosterone Prescription On Time

Hi and thank you for your question.

Background

I can really only give you a bit of background information based on my personal experience as a pharmacist over the last decade since I am missing some pertinent information. Additionally, laws around controlled substances, such as testosterone, vary based on the state you live in. I most likely live in a different state than you (New York) with different laws that affect how early controlled substances can be refilled.

For example, in New York, testosterone is a schedule II controlled substance, whereas federally, it is a schedule III. It CAN NOT be refilled in New York (it needs a new prescription) but can be in other states. So, only your local pharmacy can provide an absolute answer for you for your current situation.

So, as mentioned, each state has its own laws and regulations on how early a controlled substance can be filled. Surprisingly, there is no federal law stating how early a controlled substance can be refilled. Sometimes complicating matters, every pharmacy generally has its own individual policy on early refills for medication changes as well.

One thing I can definitively say is that your pharmacist is correct when they told you that you can’t fill your prescription for 7 vials based on your usage.

Day Supply Limits For Testosterone

If each vial of testosterone lasts you 14 days, 7 vials would end up being a 98-day supply. Federal law states that pharmacies (in the United States) can’t fill controlled substances for more than a 90-day supply, so the maximum number of vials that you get is going to be 6 vials, which comes out to an 84-day supply.

However, you mentioned that your pharmacy is holding you a 90-day supply fill window, which doesn't sound right as you are getting 6 vials for an 84-day supply. They should not be filling something for 84 days, but holding you to a longer time frame.

I would verify that the pharmacy is billing it as an 84-day supply and not a 90-day supply. This could be a mistake on their part.

Laws Vary By State

Next is the tricky part. I don’t know what state you live in and I am probably not licensed there. As stated, I practice in NY. If you are located in NY, then I can assure you that your pharmacy can legally fill your testosterone after 84 days.

However, many states have at least a few additional restrictions on controlled substances in addition to federal law. Your state might have a law that forbids the pharmacy from refilling it before 90 days. Such a law wouldn’t make much sense to me, but it might exist.

Lastly, if you’ve verified that it is being billed correctly and that there is indeed a law restricting you from filling it before 90 days, it might be in your best interest to only fill two vials at a time. Even if they could only refill 2 vials, every 30 days, you only have 2 extra days to deal with every month as opposed to 6 every three months. 

Final Words

I hope this helps. Good luck filling your prescription!