2017 Arizona Revised Statutes
Title 32 - Professions and Occupations
§ 32-1979.01 Emergency refills; requirements; definitions

32-1979.01. Emergency refills; requirements; definitions

A. A pharmacist who is licensed pursuant to this chapter may dispense a onetime emergency refill for each prescription of a noncontrolled medication used to treat an ongoing medical condition if all the following conditions are met:

1. The pharmacy at which the pharmacist works has a record of the prescription of the medication in the name of the patient who is requesting it, but the prescription does not provide for an additional refill or has expired.

2. The refill is an extension of a consistent medication therapy without any change in dosage or frequency for at least twelve months as demonstrated by records maintained by the pharmacy.

3. In the exercise of the pharmacist's professional judgment:

(a) The medication is prescribed for continuous and uninterrupted use.

(b) Failure to dispense the medication to the patient could result in undesirable health consequences.

4. The pharmacist complies with all rules adopted by the board.

5. The pharmacist makes every reasonable effort to contact the prescriber to obtain authorization for a refill before dispensing the emergency refill.

6. The pharmacist informs the patient that the prescription was refilled pursuant to a onetime annual allowance and the patient must contact the prescriber to obtain additional refill authorizations.

7. The pharmacist notifies the prescriber within forty-eight hours after dispensing any emergency refill.

B. The amount of the medication dispensed pursuant to this section may not exceed:

1. A thirty-day supply for medications that are prepackaged in a form that prohibits the pharmacist from dispensing a lesser supply.

2. A seven-day supply for all other medications.

C. A pharmacist may dispense an additional seven-day supply of a medication dispensed pursuant to subsection B, paragraph 2 of this section if all of the following conditions are met:

1. The pharmacist makes every reasonable effort to contact the prescriber following the initial emergency refill and has received no response.

2. The pharmacist complies with all requirements specified in subsection A of this section.

3. The total amount of medication dispensed pursuant to this section does not exceed a fourteen-day supply, except as provided in subsection B, paragraph 1 of this section.

D. The pharmacy shall maintain a record of any emergency refill dispensed for at least one year. The record shall include all of the following:

1. The patient's name and address.

2. The original prescription number.

3. The amount of medication dispensed.

4. The dispensing pharmacist's explanation of why, in the pharmacist's professional judgment, the emergency refill was necessary pursuant to subsection A of this section.

E. A pharmacist may not dispense an emergency refill if the original prescription included the direction " do not emergency refill" .

F. The prescriber of the original prescription does not incur any liability as the result of an emergency refill provided pursuant to this section.

G. The board shall consult with other medical professional licensing boards, as necessary, when adopting rules pursuant to this section.

H. A pharmacist who does not comply with this section is subject to disciplinary action by the board.

I. For the purposes of this section:

1. " Every reasonable effort" means multiple attempts to contact the prescriber or the prescriber's support staff through multiple means, if available, except in cases when the emergency refill request is received after hours and the pharmacy has confirmed that the prescriber is unavailable.

2. " Prescriber" means the duly authorized medical professional who initiated the original prescription order for which the emergency refill is dispensed.

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