Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This rule provides for the prescribing and
dispensing of Schedule II drugs in an emergency situation.
(1) In the case of a bona fide emergency
situation, as defined by the Department of Health, a pharmacist may dispense a
Schedule II controlled substance upon receiving oral authorization of a
prescribing practitioner; provided, that-
(A)
The quantity prescribed and dispensed is limited to the amount adequate to
treat the patient during the emergency period. Prescribing or dispensing beyond
the emergency period must be pursuant to a written prescription;
(B) The prescription immediately shall be
reduced to writing by the pharmacist and shall contain all information, except
for the prescribing practitioner's signature;
(C) If the prescribing practitioner is not
known to the pharmacist, s/he must make reasonable effort to determine that the
oral authorization came from a practitioner, by verifying his/her phone number
against that listed in the directory and other good faith efforts to insure
his/her identity;
(D) Within seven
days after authorizing an emergency oral prescription, the prescribing
practitioner must cause a written prescription for the emergency quantity
prescribed to be delivered to the dispensing pharmacist. The prescription shall
have written on its face authorization for emergency dispensing. The written
prescription may be delivered to the pharmacist in person or by mail, but if
delivered by mail it must be postmarked within the seven-day period. Upon
receipt, the dispensing pharmacist shall attach this prescription to the oral
emergency prescription which had earlier been reduced to writing. The
pharmacist shall notify the Department of Health if the prescribing
practitioner fails to deliver a written prescription to him/her; failure of the
pharmacist to do so shall void the authority conferred by this section to
dispense without a written prescription of a prescribing
practitioner.
(2)
Definition of Emergency Situation. For the purpose of authorizing an oral
prescription of a controlled substance listed in Schedule II of the controlled
substances law (sections 195.010-195.320, RSMo), the term emergency situation
means those situations in which the prescribing practitioner determines that-
(A) Immediate administration of a controlled
substance is necessary for proper treatment of the intended ultimate
user;
(B) No appropriate
alternative treatment is available, including administration of a drug which is
not a controlled substance under Schedule II;
(C) It is not reasonably possible for the
prescribing practitioner to provide a written prescription to be presented to
the person dispensing the substance prior to the dispensing.
*Original authority: 195.195, RSMo 1957, amended 1971,
1989, 1993.
