I have meds from a surgery back in December after 6 months (Percocet) are you legally allowed to still take it or is the prescription invalid?
An expired prescription?
Question posted by Factfinder411 on 17 Aug 2013
Last updated on 21 August 2013 by tigerfan1980
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4 Answers
Yes you can still take it because its yours to do what ever you want to do
If it is filled and in the bottle, it is yours to use until it expires (and even then it is still legally yours as long as the bottle has your name on it, even though the medication is expired) Now an unfilled written prescription can expire and not be able to be filled. Many states will no longer fill a controlled substance drug if the prescription was written months ago (some states it is 90 days, some it is six months and some can be filled up to a year after written) This may be what you are thinking of Karen. Many states will not fill a written script for scheduled/controlled drugs if it was written more than 3 months ago. Regular uncontrolled drugs can usually be filled up to a year from the date written on the prescription. If you have meds in a bottle, they are legally yours as long as they are in the original bottle with your name on them.
Thanks girl
DZ,
That's what I was trying to say. Thanks for making it clearer. In my state, a written script for a controlled substance must be filled at the pharmacy within 3 weeks, or the script is null and void and must be rewritten. Other meds must be filled within 6 months.
Locally in US where I live, controlled substances are good for three months. Some even shorter period. I believe state laws influence that. So a quick call to the pharmacist will make the difference. If it expired, they will call your doctor and get it reordered.
If you have left over medication from then, it will still be good.
Karen,
That's really weird! Last year when I saw my oncologist I took my bottle of hydrocodone with me that had expired 6 months before (safety/potency expiration) to show him that I wasn't taking them very often. He said it was ok to take them anyway and that most meds are ok for a couple of years. It must be a different state law, as you say. Even the scripts give a 12 month expiration date on the bottles for controlled substances. So, you're right, it must differ from state to state. That's good information. Thanks.
Kath
Here we have to carry the script to the pharmacy. No faxing of those substances though everything else is faxed or electronic... They are for a small amount and not renewable. Such is our policies here.
The reason I ask this question is because I'm going thru a custody battle my ex is using my least surgeries ranging from my shoulder to my mouth. He believes everyone who takes narcotics are addicts. I want to bring all my meds from October 2012 plus my doctor records and pharmacy print outs to prove everything is legit. Second time he has done this. Even had 12 drug tests and a huge panel one for dyfs.
Karen,
Yes, it is definitely different state policies. Here in the South US, we must have a written script to take to the pharmacy, but we can get (if the doc orders it) 11 refills on that one script. I rarely take Rx pain meds, so I'm usually given 2 refills in a year, but I don't always fill those because I have pills left. I really detest opiods unless my pain is so severe that pain meds are the only thing that will help. I have an extremely high pain tolerance, though. Once again, Karen, thanks for the info. Interesting...
Kath
I know in jersey c2 drugs last 6 months, so even if I have some left I could still take them 2 years after. I just don't want anyone to say well they were up 6 months after you got them. I know you have to fill them within a week or they make you get a new script except ADHD meds. My adderall I got a month.
Factfinder,
If the prescription has your name on it, it is legal to take it. It will not expire until it is a year old (Dec 2013). Forgive my memory, but I can't remember if you are seeing a pain management doctor. If you are, and take a med not prescribed by the PM doc, they can dismiss you as a patient. If you do see a PM doc, call tomorrow and ask if it is OK to take the leftover percocet. I hope you feel better soon!
Kathy
Related topics
percocet, surgery, prescription
Further information
- Percocet uses and safety info
- Percocet prescribing info & package insert (for Health Professionals)
- Side effects of Percocet (detailed)
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