[ §461-11.

[ §461-11.9] Refills without practitioner's authorization during state of emergency. (a) During a declared state of emergency pursuant to section 127A-14, a prescription for persons directly impacted by the emergency may be refilled up to a thirty-day supply without the practitioner's authorization if the practitioner is unavailable to authorize the refill and if, in the registered pharmacist's professional judgment, failure to refill the prescription may interrupt the patient's ongoing care and have a significant adverse effect on the patient's well-being .

(b) Before refilling a prescription pursuant to this section, the registered pharmacist shall make every reasonable effort to contact the practitioner. The registered pharmacist shall make an appropriate record, including the basis for proceeding under this section.

(c) The registered pharmacist shall inform the patient that the prescription was refilled pursuant to this section.

(d) The registered pharmacist shall notify the practitioner no later than twenty-four hours after the dispensing of any refills pursuant to this section. Notification to a practitioner under this subsection may be made by phone, facsimile, or electronic mail.

(e) The practitioner who issued a prescription shall not incur any liability as the result of a registered pharmacist refilling that prescription pursuant to this section.

(f) Notwithstanding any law to the contrary, a person may possess a substance dispensed pursuant to this section.

(g) Nothing in this section shall authorize a registered pharmacist to refill a prescription for a controlled substance as defined in section 329-1. [L 2024, c 100, §2]