Current through Register Vol. 42, No. 11, August 30, 2024
(1)
If a pharmacist received a request for a prescription refill, and the
pharmacist is unable to readily obtain refill authorization from the
prescriber, the pharmacist may dispense a one-time emergency refill of up to a
72-hour supply of the prescribed medication or the smallest dispensable package
size if a 72 hour supply is not readily available, under the following
conditions:
(a) The prescription is not a
medicinal agent listed in Schedule I or II pursuant to Title 20, Chapter 2, or
the controlled substance list for Schedule I or II maintained by the State
Board of Health.
(b) The medication
is essential to the maintenance of life or the continuation of therapy and in
the pharmacist's professional judgement, the interruption of therapy might
reasonably produce undesirable health consequences or may cause physical or
mental discomfort.
(c) The
pharmacist has a record of a prescription at the pharmacy or has been presented
proof of a prescription filled within the last 90 days in the name of the
patient for whom the request of the emergency supply is being made.
(d) A pharmacist or pharmacy shall not
dispense or sell the same drug to the same patient, as provided in the section,
more than one time in any 12-month period.
(e) The pharmacist must inform the patient or
the patient's representative at the time of dispensing that the refill is being
provided without the practitioner's authorization, and that practitioner
authorization is required for any future refill.
(f) The dispensing pharmacist shall creates a
written prescription order containing all of the prescription information
required by federal and state statutes, rules and regulations and shall also
include the statement "Emergency Fill".
(g) The dispensing pharmacist shall notify
the prescriber, orally or in writing, of the emergency dispensing within
twenty-four (24) hours after such dispensing.
(2) This rule is adopted jointly by the Board
of Pharmacy and the Board of Medical Examiners.
Original Rule
540-X-4-.06 was renumbered to .07
as per certification filed November 14, 2013; effective December 19,
2013.
