Texas § OC.562.0541 - EMERGENCY REFILLS OF INSULIN AND INSULIN-RELATED EQUIPMENT OR SUPPLIES

§ OC.562.0541. EMERGENCY REFILLS OF INSULIN AND INSULIN-RELATED EQUIPMENT OR SUPPLIES

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. Sec. 562.0545. 90-DAY SUPPLY AND ACCELERATED REFILLS. A pharmacist may dispense up to a 90-day supply of a dangerous drug pursuant to a valid prescription that specifies the dispensing of a lesser amount followed by periodic refills of that amount if: (1) the total quantity of dosage units dispensed does not exceed the total quantity of dosage units authorized by the prescriber on the original prescription, including refills; (2) the patient consents to the dispensing of up to a 90-day supply and the physician has been notified electronically or by telephone; (3) the physician has not specified on the prescription that dispensing the prescription in an initial amount followed by periodic refills is medically necessary; (4) the dangerous drug is not a psychotropic drug; and (5) the patient is at least 18 years of age. Added by Acts 2011, 82nd Leg., R.S., Ch. 303 (H.B. 2069 ), Sec. 2, eff. September 1, 2011.