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Pharmacist Dispense Drug Without Prescription In Emergency

Concerning authorization for a pharmacist to dispense a chronic maintenance drug to a patient without a current prescription in limited circumstances.
2019 Regular Session
Professions & Occupations
Bill Summary

Pharmacists - chronic maintenance drugs - dispense without prescription. The act allows a pharmacist to dispense an emergency supply of a chronic maintenance drug to a patient without a prescription if:

  • The pharmacist is unable to obtain authorization to refill the prescription from a health care provider;
  • The pharmacist has a record of a prescription in the name of the patient who is requesting the emergency supply of the chronic maintenance drug, or, in the pharmacist's professional judgment, the refusal to dispense an emergency supply will endanger the health of the patient;
  • The amount of the chronic maintenance drug dispensed does not exceed the amount of the most recent prescription or the standard quantity or unit of use package of the drug;
  • The pharmacist has not dispensed an emergency supply of the chronic maintenance drug to the same patient in the previous 12-month period; and
  • The prescriber of the drug has not indicated that no emergency refills are authorized.

The act requires the state board of pharmacy to promulgate rules to establish standard procedures for dispensing chronic maintenance drugs. A pharmacist, the pharmacist's employer, and the original prescriber of the drug are not civilly liable for dispensing a chronic maintenance drug unless there is negligence, recklessness, or willful or wanton misconduct.

Specified provisions of the act are contingent upon House Bill 19-1172 becoming law.

(Note: This summary applies to this bill as enacted.)


Became Law


Bill Text

The effective date for bills enacted without a safety clause is August 7, 2024, if the General Assembly adjourns sine die on May 8, 2024, unless otherwise specified. Details