Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2024 | Updated by Findlaw Staff
(a) A pharmacist may exercise the pharmacist's professional judgment in refilling a prescription for a prescription drug, other than a controlled substance listed in Schedule II as established by the commissioner of state health services under Chapter 481, Health and Safety Code, without the authorization of the prescribing practitioner if:
(1) failure to refill the prescription might result in an interruption of a therapeutic regimen or create patient suffering;
(2) either:
(A) a natural or manmade disaster has occurred that prohibits the pharmacist from being able to contact the practitioner; or
(B) the pharmacist is unable to contact the practitioner after reasonable effort;
(3) the quantity of prescription drug dispensed does not exceed a 72-hour supply;
(4) the pharmacist informs the patient or the patient's agent at the time of dispensing that the refill is being provided without the practitioner's authorization and that authorization of the practitioner is required for a future refill; and
(5) the pharmacist informs the practitioner of the emergency refill at the earliest reasonable time.
(b) Notwithstanding Subsection (a), in the event of a natural or manmade disaster, a pharmacist may dispense not more than a 30-day supply of a prescription drug, other than a controlled substance listed in Schedule II as established by the commissioner of state health services under Chapter 481, Health and Safety Code, without the authorization of the prescribing practitioner if:
(1) failure to refill the prescription might result in an interruption of a therapeutic regimen or create patient suffering;
(2) the natural or manmade disaster prohibits the pharmacist from being able to contact the practitioner;
(3) the governor has declared a state of disaster under Chapter 418, Government Code; and
(4) the board, through the executive director, has notified pharmacies in this state that pharmacists may dispense up to a 30-day supply of a prescription drug.
(c) The prescribing practitioner is not liable for an act or omission by a pharmacist in dispensing a prescription drug under Subsection (b).
Cite this article: FindLaw.com - Texas Occupations Code - OCC § 562.054. Emergency Refills - last updated January 01, 2024 | https://codes.findlaw.com/tx/occupations-code/occ-sect-562-054/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)