A pharmacist may make an emergency refill of insulin or insulin-related supplies if the section’s conditions are met.
Sec. 562.0541. EMERGENCY REFILLS OF INSULIN AND INSULIN-RELATED EQUIPMENT OR SUPPLIES. (a) In this section: (1) "Insulin" includes an insulin analog and an insulin-like medication, regardless of the activation period or whether the solution is mixed before the prescription is dispensed. (2) "Insulin-related equipment or supplies" includes needles, syringes, cartridge systems, prefilled pen systems, glucose meters, continuous glucose monitor supplies, and test strips, but excludes insulin pumps. (b) A pharmacist may provide an emergency refill of insulin or insulin-related equipment or supplies if the pharmacist complies with this section and rules adopted under this section. (c) Notwithstanding Section 562.054(a) and subject to Subsection (b) of this section, a pharmacist may exercise the pharmacist's professional judgment in refilling a prescription for insulin or insulin-related equipment or supplies without the authorization of the prescribing practitioner if the pharmacist: (1) is unable to contact the practitioner after reasonable effort; (2) is provided with documentation showing that the patient was previously prescribed insulin or insulin-related equipment or supplies by a practitioner; (3) assesses the patient to determine whether the emergency refill is appropriate; (4) creates a record that documents the patient's visit that includes a notation describing the documentation provided under Subdivision (2); and (5) makes a reasonable attempt to inform the practitioner of the emergency refill at the earliest reasonable time. (d) The quantity of an emergency refill of insulin may not exceed a 30-day supply. The quantity of an emergency refill of insulin-related equipment or supplies may not exceed the lesser of a 30-day supply or the smallest available package. (e) The prescribing practitioner is not liable for an act or omission by a pharmacist in dispensing an emergency refill of insulin or insulin-related equipment or supplies under this section. Added by Acts 2021, 87th Leg., R.S., Ch. 679 (H.B. 1935), Sec. 1, eff. September 1, 2021.