§ 12-506. Guidelines for unauthorized refills

   (a) When permitted. -- A pharmacist may refill a prescription for a drug or device for which the refill has not been authorized if:

   (1) The pharmacist:

      (i) Attempts to obtain an authorization from the authorized prescriber; and

      (ii) Is not able readily to obtain the authorization;

   (2) The refill of the prescription is not for a controlled dangerous substance;

   (3) The drug or device is essential to the maintenance of life;

   (4) (i) The drug or device is essential to the continuation of therapy in chronic conditions; and

      (ii) In the pharmacist's professional judgment, the interruption of the therapy reasonably might produce an undesirable health consequence, be detrimental to the patient's welfare, or cause physical or mental discomfort;

   (5) The pharmacist:

      (i) Enters on the back of the prescription or on another appropriate uniformly maintained, readily retrievable record, such as a medication record, the date and the quantity of the drug or device dispensed; and

      (ii) Signs or initials the record; and

   (6) The pharmacist notifies the authorized prescriber of the refill of the prescription within 72 hours of dispensing the drug or device.

(b) Limitations. -- If a pharmacist refills a prescription under subsection (a) of this section, the pharmacist may provide only 1 refill of the prescription and the refill quantity dispensed shall be in conformity with the prescriber's directions for use and may not exceed a 14-day supply or unit of use.

(c) State of emergency. -- If the federal or State government declares a state of emergency, a pharmacist working in the area declared an emergency may refill a prescription for a drug for which the refill has not been authorized if:

   (1) As a result of the emergency, the pharmacist is unable to obtain an authorization from the authorized prescriber;

   (2) The refill of the prescription is not for a controlled dangerous substance;

   (3) The quantity dispensed does not exceed a 14-day supply or unit of use; and

   (4) The pharmacist notifies the authorized prescriber of the refill of the prescription within 7 days of dispensing the drug.

HISTORY: 1984, ch. 366; 1990, ch. 6, § 11; 1991, ch. 148; 1997, ch. 614; 2005, ch. 25, § 13.