§ 34-23-75 — Emergency Prescription Refill

(a) In the event a pharmacist receives 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 or the smallest dispensable package size of the prescribed medication, providing that all of the following apply:
(1) The prescription is not a medicinal agent listed in Schedule I or II pursuant to Title 20, Chapter 2, or the controlled substances list for Schedule I or II maintained by the State Board of Health.
(2) The medication is essential to the maintenance of life or the continuation of therapy in a chronic condition. Only those drugs designated by a joint rule adopted by the Board of Pharmacy and Board of Medical Examiners shall be refilled, according to the procedure established in this section.
(3) The dispensing pharmacist creates a written order containing all of the prescription information required by this chapter and Title 20, Chapter 2.
(4) The dispensing pharmacist provides notification to the prescriber of the emergency dispensing within 24 hours after the dispensing.
(b) The Board of Pharmacy and the Board of Medical Examiners, through joint rule, may adopt additional rules to implement this section.

Legislative History

(Acts 1991, No. 91-554, p. 1023, §1; Act 2023-231, §1.)