§ 58-17b-608 — Emergency refills.

(1) If a prescription may not be refilled otherwise, a pharmacist or pharmacy intern may refill the prescription in an emergency without the prescribing practitioner's authorization if:

(1)(a) the prescription is for a drug that is not a controlled substance;
(1)(b) the patient is currently using the drug prescribed;
(1)(c) the prescribing practitioner is not available promptly to authorize the refill;
(1)(d) the pharmacist or pharmacy intern, or another pharmacist or pharmacy intern at the same pharmacy, has not previously dispensed a refill for the prescription under this section;
(1)(e) refilling the prescription is in the interest of the patient's health;
(1)(f) in the professional judgment of the pharmacist or pharmacy intern the prescription should be refilled;
(1)(g) except as provided in Subsection (1)(h), the pharmacist or pharmacy intern dispenses the medication in accordance with the prescribing practitioner's instructions included with the prescription; and
(1)(h) the pharmacist or pharmacy intern dispenses no more than the amount necessary to address the emergency.
(2) If the prescription for a drug dispensed under Subsection (1) is on file with the pharmacy where the drug is dispensed, the pharmacist or pharmacy intern may dispense more than a three-day supply only if:

(2)(a) (2)(a)(i) the prescription has expired within the past 30 days; or
(2)(a)(ii) no refills are remaining on the prescription; and
(2)(b) the amount dispensed does not exceed the lesser of:
(2)(b)(i) a 30-day supply; or
(2)(b)(ii) the quantity last dispensed at the pharmacy pursuant to the prescription as either a fill or a refill.
(3) A pharmacist or pharmacy intern who dispenses a prescription refill under this section shall inform the prescribing practitioner of the emergency refill as soon as practicable.

Legislative History

Repealed and Re-enacted by Chapter 372, 2020 General Session