24.174.836    EMERGENCY PRESCRIPTION REFILLS

(1) A pharmacist may refill a prescription without practitioner authorization when:

(a) the pharmacist is unable to contact the practitioner after reasonable effort; and

(b) in the professional judgment of the pharmacist, failure to refill the prescription may result in an interruption of a therapeutic regimen or cause patient suffering.

(2) If a prescription is not refillable, a pharmacist dispensing an emergency refill:

(a) may exercise professional judgment to dispense a minimum sufficient quantity until authorization can be obtained from a prescriber:

(i) for drugs which must be dispensed in their original containers, the pharmacist may dispense the smallest trade size available;

(b) may not dispense a prescription medication listed in Schedule II;

(c) must inform the patient or the patient's representative at the time of dispensing that the refill is being provided without the practitioner's authorization, and that practitioner authorization is required for any future refill;

(d) must inform the practitioner of the emergency refill at the earliest reasonable time; and

(e) comply with all applicable record-keeping requirements.

History: 37-7-201, MCA; IMP, 37-7-201, MCA; NEW, 2012 MAR p. 896, Eff. 4/27/12; TRANS, from ARM 24.174.515, 2015 MAR p. 302, Eff. 3/27/15.