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Submitted URL: http://ncbi.nlm.nih.gov/pmc/articles/PMC9119992/
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Effective URL: https://ncbi.nlm.nih.gov/pmc/articles/PMC9119992/
Submission: On May 19 via manual from US — Scanned from US
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Back to Top Skip to main content An official website of the United States government Here's how you know The .gov means it’s official. Federal government websites often end in .gov or .mil. Before sharing sensitive information, make sure you’re on a federal government site. The site is secure. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. Log in Show account info Close ACCOUNT Logged in as: username * Dashboard * Publications * Account settings * Log out Access keys NCBI Homepage MyNCBI Homepage Main Content Main Navigation Preview improvements coming to the PMC website in October 2024. Learn More or Try it out now. Search PMC Full-Text Archive Search in PMC * Advanced Search * User Guide * Journal List * Innov Pharm * v.12(3); 2021 * PMC9119992 OTHER FORMATS * PDF (310K) ACTIONS * Cite * Collections Add to Collections * Create a new collection * Add to an existing collection Name your collection: Name must be less than characters Choose a collection: Unable to load your collection due to an error Please try again Add Cancel SHARE * * * Permalink Copy RESOURCES * Similar articles * Cited by other articles * Links to NCBI Databases * Journal List * Innov Pharm * v.12(3); 2021 * PMC9119992 As a library, NLM provides access to scientific literature. Inclusion in an NLM database does not imply endorsement of, or agreement with, the contents by NLM or the National Institutes of Health. Learn more: PMC Disclaimer | PMC Copyright Notice Innov Pharm. 2021; 12(3): 10.24926/iip.v12i3.4222. Published online 2021 Jun 10. doi: 10.24926/iip.v12i3.4222 PMCID: PMC9119992 PMID: 35601574 PHARMACIST ALLOWANCES FOR THE DISPENSING OF EMERGENCY OR CONTINUATION OF THERAPY PRESCRIPTION REFILLS AND THE COVID-19 IMPACT: A MULTISTATE LEGAL REVIEW Nicholas DeRosa, Candidate for Doctor of Pharmacy-Accelerated '21, Ka Leung, Candidate for Doctor of Pharmacy-Accelerated '21, Julia Vlahopoulos, Candidate for Doctor of Pharmacy-Accelerated '21, and Joseph Lavino, PharmD, JD NICHOLAS DEROSA Massachusetts College of Pharmacy and Health Sciences University Find articles by Nicholas DeRosa KA LEUNG Massachusetts College of Pharmacy and Health Sciences University Find articles by Ka Leung JULIA VLAHOPOULOS Massachusetts College of Pharmacy and Health Sciences University Find articles by Julia Vlahopoulos JOSEPH LAVINO Massachusetts College of Pharmacy and Health Sciences University Find articles by Joseph Lavino Author information Copyright and License information PMC Disclaimer Massachusetts College of Pharmacy and Health Sciences University Corresponding author. Corresponding author: Joseph Lavino, PharmD, JD Adjunct Professor, College of Pharmacy Massachusetts College of Pharmacy and Health Sciences University 179 Longwood Ave, Boston, MA 02115 Email: ude.shpcm@onivaL.hpesoJ Copyright © Individual authors This is an open-access article distributed under the terms of the Creative Commons Attribution-NonCommercial License, which permits noncommercial use, distribution, and reproduction in any medium, provided the original work is properly cited. Go to: ABSTRACT The COVID-19 pandemic has taught Americans many lessons, including what can happen when our healthcare system is strained. During the pandemic, certain healthcare related activities such as seeing or contacting a practitioner to receive a prescription refill may have been a challenge for some patients that could have interfered in the patient’s medication adherence and continuity of care. Given these circumstances, the pandemic also shed light on the necessity for pharmacists to dispense emergency refills, which often is based on variable state pharmacy laws and regulations. State pharmacy laws and regulations vary from allowing pharmacists to dispense as much medication that is required for the patient to receive a new prescription to emergency refills being allowed only in the direst situations to save a patient’s life. State pharmacy laws and regulations vary in the allowable quantities that may be dispensed, the federal schedule of controlled substance medications, and the circumstances they can be dispensed. In many cases, COVID-19 emergency regulations, governor executive orders and board of pharmacy guidance have expanded the authority for a pharmacist to dispense emergency refills. However, these allowances are often finite in nature and would end when the pandemic state of emergency ends. This paper seeks to analyze the laws and regulations in each state pertaining to the ability of a pharmacist to dispense an emergency refill when a patient’s prescription does not have refills and provide a recommendation to optimize the state legal and regulatory landscape to expand current allowances. Keywords: Pharmacy, Emergency Refill, COVID-19, Regulations Go to: BACKGROUND IMPORTANCE OF CONTINUATION OF THERAPY The Durham-Humphrey Amendment of 1951 allowed for refills of a prescription with a prescriber’s authorization.1 Prescription refills play an important role in allowing patients to get their medication without frequent office visits. Refills also support patient adherence to chronic medications. Typical pharmacotherapy requires a patient’s adherence to the regimen to achieve the therapeutic outcome, especially in patients with chronic conditions. Abrupt cessation or unplanned interruption of therapy may lead to undesirable outcomes. Common examples include rebound tachycardia or rebound hypertension due to abrupt discontinuation of antihypertensive medications such as beta blockers and clonidine. Some patients with chronic respiratory disease require the use of maintenance inhalers every day to control symptoms and breath normally2. Other medications, such as oral contraceptives and antidepressants, require consistent administration without interruption to be effective.3 An extreme case occurred in Ohio, in which a patient died due to not being able to get his insulin refilled over the New Year holiday.4 It is paramount for the pharmacist to ensure the patient’s regimen is not disrupted and medications are dispensed in a timely manner. When a prescription runs out of refills and the prescriber is not available to authorize a new prescription, the pharmacist is brought to a cross-roads; prioritize the patient’s continuity of care, which may or may not be in full compliance with pharmacy laws and regulations, or potentially compromise patient care. While the federal law requires authorization for prescription refills, the law is silent regarding emergency or continuity of therapy refills. The states have their own statues and regulations regarding the pharmacist’s ability to dispense an emergency refill. In some states, when a patient’s prescription is out of refills and the pharmacist is unable to reach the prescriber to authorize the refill, the pharmacist may dispense an emergency refill to the patient. Some states allow emergency refills for a 72-hour, 30-day, or 90-day supply, while other states do not allow for any emergency refills or leave the quantity to the pharmacist’s discretion. Typically, emergency refills are allowed by law or regulation in a shorter duration, which is typically 72 hours, while continuation-of-therapy (“COT”) refills are allowed by law or regulation in a longer duration, which is typically 30 to 90 days.71 Both emergency refills and COT are often referred to as “prescription adaptation”.71 THE COVID-19 PANDEMIC’S IMPACT ON PHARMACY The COVID-19 pandemic has created many challenges in pharmacy practice.5 Limited provider office hours reduced the number of available office appointments. Some practitioners may have chosen to retire or stop practicing in certain areas, further reducing accessibility to check-ups and appointments. It may have been difficult for patients to obtain refills from their providers as some patients could not find a new primary care provider in time. With quarantine mandates in place, some patients were forced to cancel existing appointments with their providers, resulting in a gap period without medication. Due to the pandemic, some states added or expanded emergency refill allowances to have longer durations and fewer restrictions. The states are not unified in this effort and vary on the quantities a pharmacist may dispense in an emergency scenario from days to months’ worth of medication. The COVID-19 pandemic has been an unprecedented situation that has provided an opportunity for many laws and regulations to adapt to the ever-evolving nature of the practice of pharmacy. Some states have met this challenge and have expanded the scope of pharmacist’s practice. In this paper we specifically discuss emergency/COT refill laws and regulations. Many states had existing laws and regulations in place concerning pharmacist emergency/COT refill allowances in cases where patients could not get a prescription refill from their provider. During the pandemic, the risk of patient’s running out of refills without a mechanism to obtain further refills came to light. This made it a necessity for these laws and regulations to expand or run the risk of patients going without essential medications. We posit in this paper that COVID-19 emergency regulations, governor executive orders and board of pharmacy guidance pertaining to the pharmacist’s ability to dispense emergency/COT refills have helped patients with maintaining adherence and states would benefit in making these expanded allowances permanent. EXPANSION OF PHARMACIST EDUCATION In 2000, it was mandated that all entry-level pharmacists complete a Doctor of Pharmacy, or PharmD, degree which replaced the traditional bachelor’s degree requirement. PharmD programs allow pharmacists to sharpen therapeutics skills that can be used in the rapidly expanding clinical role of the pharmacist. PharmD programs require 2-4 years of undergraduate work, 3 years of didactic pharmacy study, and 1 year of on-site clinical experience. Post-graduate training programs, such as residency and fellowship, are becoming increasingly popular in pharmacy and offer 1-2 years of specialized training in various areas of the field. These rigorous programs prepared pharmacists to expand their scope of practice into the more clinical roles they hold today. Pharmacists conduct full medication regimen reviews (MTM), immunize, work in collaborative practice agreements with providers to alter medication regimens as needed, and see patients in outpatient clinics to provide counseling and identify potential problems with a treatment plan to maximize patient health outcomes. With the expansion of pharmacist education, a logical next step in the evolution of the practice of pharmacy is to update laws and regulations to allow for a greater scope of practice. One of these expansions is an allowance for the pharmacist to use their professional judgement to dispense emergency/COT refills. While restrictive or nonexistent emergency/COT refill laws and regulations were intended to protect the public, there is a potential for patient harm when compliance with these laws and regulations may lead to patient missed doses of their medication. Go to: RESEARCH RESULTS AND DISCUSSION A complete state survey of the laws and regulations regarding emergency/COT refill authorization by a pharmacist was completed. Key aspects of the research were whether there is a law or regulation authorizing pharmacists to dispense an emergency/COT supply, the day supply quantity, limitations to the types and controlled substance schedule of medications authorized, and the conditions in which these types of refills are allowed. Research was also conducted to compare allowances surrounding emergency/COT refills given during the COVID-19 pandemic via COVID-19 emergency regulations, governor executive orders and board of pharmacy guidance. STATE REGULATIONS FOR EMERGENCY/COT REFILL DAY SUPPLY OF NON-SCHEDULED/NON-CONTROLLED SUBSTANCES PRIOR TO THE COVID-19 PANDEMIC AND CHANGES DUE TO THE COVID-19 PANDEMIC. Insulin, oral contraceptives, and inhalers are pre-packaged and cannot be broken into smaller quantities and are some of the most dispensed medications filled in the pharmacy. Some states allow for dispensing an emergency/COT refill up to a 30-day supply, which would likely accommodate the full dispensing of a single package of insulin, oral contraceptives, or inhalers. Table 1 shows the day supply allowances for states that had emergency/COT refill allowances in place prior to the COVID-19 pandemic. For states with emergency/COT refill laws and regulations with a limit of a 72-hour supply per emergency/COT dispensing, the law or regulation conflicts with the dispensable size of many maintenance medications, such as insulin, and those medications cannot be dispensed in full compliance with said laws or regulations. Some states have addressed the existence of this conflict, hence allowing the dispensing of the smallest dispensable package size if this scenario were to occur. It would benefit patients of those respective states if the laws and regulations were to allow for the emergency/COT refill dispensing of pre-packaged medications utilizing a pharmacist’s professional judgement. TABLE 1: Day supply allowances for emergency/COT refills of non-scheduled medications prior to the COVID pandemic. StatesDay supply allowedAlabama6 72 hoursAlaska7 120 daysArizona8 30 daysArkansas9 Day supply not addressedCalifornia10 Day supply not addressedColorado11 Not exceeding the amount of most recent prescriptionConnecticut12 72 hoursDelaware13 Day supply not addressedFlorida14 72 hours, 1 vial for insulinGeorgia15 72 hoursIdaho16 Day supply not addressedIllinois17 30 daysIndiana18 30 daysIowa19 Day supply not addressedKanas20 7 days or 1 packageKentucky21 72 hours, greater is allowed for insulin/chronic respiratory diseaseLouisiana22 72 hoursMaryland23 14 daysMinnesota24 30 daysMississippi25 72 hoursMissouri26 7 days, 30 days if the provider is dead or incapacitatedMontana27 Day supply not addressedNevada28 Sufficient amountNew Hampshire29 90 daysNew Jersey30 72 hoursNew Mexico31 72 hoursNew York32 Day supply not addressedNorth Carolina33 30 days, 90 days if the prescriber is incapacitatedNorth Dakota34 30 daysOhio35 72 hoursOklahoma36 30 daysOregon37, 38 72 hours, smallest package unit of insulinPennsylvania39,40 72 hoursRhode Island41 72 hoursSouth Carolina42 14 daysTennessee43 72 hours, or the smallest packaged unitTexas44 72 hoursUtah45,46 72 hours, 30 days for prescription on file, 60 days for insulinVirginia47 Day supply not addressedWashington48 30 daysWest Virginia49 30 daysWisconsin51 7 days or the smallest packaged unitWyoming52 72 hours Open in a separate window *States that are silent on emergency/COT refill provisions in its entirety or do not allow for emergency/COT refills are not included. Due to the COVID-19 pandemic, some states that did not have previously existing emergency/COT refill allowances created such allowances for emergency/COT refills during the pandemic. Massachusetts and Vermont are some examples of this new allowance. Some states that had previously existing emergency/COT refill allowances loosened the day supply allowed to make it less restrictive. These changes are shown in Table 2 below. TABLE 2: Changes to day supply for emergency/COT refills of non-scheduled medications during the COVID pandemic. StatesDay supply allowedAlabama53 72 hours → 30 daysArizona54 30 days → 90 days + additional 90 daysConnecticut55 72 hours → 30 daysDistrict of Columbia56 No allowance → 90 daysFlorida57 72 hours, 1 vial for insulin → 90 daysIndiana58 30 days → 90 daysKentucky59 72 hours, greater is allowed for → 30 days insulin/chronic respiratory diseaseMassachusetts60 No allowance → 30 daysMissouri61 7 days, 30 days if the provider is dead or incapacitated → 14 daysNevada62 Sufficient amount → 30 daysNew Mexico62 72 hours → 30 daysOhio63 72 hours → 90 daysPennsylvania65 72 hours → 30 daysRhode Island66 72 hours → 90 daysSouth Dakota67 No allowance → 30 daysTennessee68 72 hours, or the smallest packaged unit → 90 daysVermont69 No allowance → Day supply not addressed Open in a separate window *Only states with an allowance specifically for the COVID-19 pandemic are included. STATE REGULATIONS REGARDING FREQUENCY OF AN EMERGENCY/COT REFILL ALLOWED AND CHANGES DUE TO THE COVID-19 PANDEMIC. While some laws and regulations allow for a “one time only” emergency/COT supply, other states specified this as “one time in a certain period”. Due to this variability in language used, the laws and regulations could be interpreted differently. For example, a state may contain an allowance for an emergency/COT refill “one time per lifetime”, while others may have an allowance for “one time per prescription”. The different laws and regulations may cause confusion not only for pharmacists, but also for patients and providers. Therefore, it is important for the states to enact statutes or promulgate regulations that are clear, concise and allow for a pharmacist to ensure a patient’s continuity of care while practicing at the top of their education. TABLE 3: Emergency/COT supply frequency allowed among states before COVID-19. StatesEmergency/COT supply frequencyAlabama5 One time onlyArizona8 One time onlyArkansas9 One time onlyColorado11 Once in 12 monthsConnecticut12 One time onlyDelaware13 One time onlyFlorida14 One time onlyIndiana18 Once in 6 monthsIowa19 One time onlyKentucky21 One time onlyLouisiana22 One time onlyMaryland23 One time onlyMinnesota24 Once in 12 monthsMississippi25 One time onlyMontana27 One time per prescriptionNorth Carolina33 One time onlyNorth Dakota34 One time onlyOhio35 Once in 12 monthsOklahoma36 One time onlyOregon38 Only for Insulin: up to 3 times a yearPennsylvania40 One time onlyRhode Island41 One time onlySouth Carolina42 Once in 12 monthsTennessee43 2 consecutive fillsUtah45 One time per exhausted prescriptionWashington48 Once in 6 monthsWest Virginia50 Once in 12 monthsWisconsin51 One time only Open in a separate window *Only states allowing emergency/COT refills are included; states that are silent on emergency/COT refills or not allowing emergency/COT refills are not included. **Alaska, California, Georgia, Idaho, Illinois, Kanas, Missouri, Nevada, New Hampshire, New Jersey, New Mexico, New York, Texas, Virginia, and Wyoming allow emergency/COT refills, however the frequency limit is not addressed in the law. TABLE 4: Emergency/COT supply frequency allowance changes among states due to COVID-19. States Emergency/COT supply frequency Arizona542 timesIndiana58One time onlyKentucky59Not limited to a one-time refillOhio643 times in 12 months Note: COVID allowance allows emergency fill 3 times in 12 months for all non-CII substances, instead of insulin only. Open in a separate window *Only states with COVID allowance are included in this table. **Alabama, Connecticut, District of Columbia, Florida, Massachusetts, Missouri, Nevada, New Mexico, Pennsylvania, Rhode Island, South Dakota, Tennessee, and Vermont allow for emergency refills during the COVID-19 pandemic, while the frequency limits in those states are not addressed. The rationale behind the silence in the allowance is potentially due to the uncertainty of the pandemic. Patients may require more than one emergency refill for the maintaining the patient’s health. The states mentioned in the tables are those that have had their restriction loosened due to the pandemic. SPECIFIC REGULATIONS AND GUIDANCE REGARDING THE EMERGENCY/COT REFILLING OF FEDERALLY SCHEDULED CONTROLLED SUBSTANCE MEDICATIONS AND CHANGES DUE TO THE COVID-19 PANDEMIC. Many states have specific regulations surrounding the dispensing of an emergency/COT refill for federally scheduled controlled substances. Table 5 presents the current laws and regulations regarding an emergency/COT refill of controlled substance medications and changes, if any, due to the COVID-19 pandemic. Most states limit emergency/COT refill allowances to non-scheduled drugs only. This may present a problem for those who are taking controlled substance medications for chronic conditions. For example, diazepam is a benzodiazepine commonly used for seizure control and a patient who misses a single dose of this medication is at risk of having a seizure. Similarly, patients who have regularly taken benzodiazepines for many years to treat a variety of conditions often develop a dependence on the medication. If these patients are without their medication, they are also at risk of having a seizure, even if they have no prior seizure diagnosis. As it applies to Schedule II controlled substances, Federal law states that a pharmacist may dispense a Schedule II prescription drug only pursuant to a written prescription.72 However, in the case of an emergency, a pharmacist may dispense a Schedule II prescription drug upon receiving oral authorization of a prescribing individual practitioner, provided that certain conditions are followed. Due to these requirements, state laws and regulations exclude Schedule II drugs from their emergency/COT refill allowances if an allowance exists.72 TABLE 5: Specific regulations regarding emergency/COT refills of scheduled medications prior to the COVID-19 pandemic. State Controlled Substance Specific Regulations COVID-19 Changes Alabama6,53Allowed for schedules IV-VSchedules III-V allowedAlaska7Limited to non-scheduled onlyN/AConnecticut12Limited to non-scheduled onlyN/ADelaware13Limited to non-scheduled onlyN/ADistrict of Columbia56No emergency fill allowance for any medicationsLimited to non-scheduled onlyFlorida14Allowed for schedules III-VN/AGeorgia15Limited to non-scheduled onlyN/AIdaho16Limited to non-scheduled onlyN/AIllinois17Limited to non-scheduled onlyN/AIndiana18Limited to non-scheduled onlyN/AKansas20Limited to non-narcotics onlyN/AKentucky21Limited to non-scheduled onlyN/AMaryland23Limited to non-scheduled onlyN/AMinnesota24Scheduled medications allowed only if used as an anti-epileptic and limited to a 72-hour supply *Non-scheduled can be filled for a 30-day supplyN/AMississippi25Limited to non-scheduled onlyN/AMissouri26,61Limited to non-scheduled onlySchedule III-V 14-day supply allowed if original pharmacy that filled the RX is closedMontana27Allowed for schedules III-VN/ANew Hampshire29Allowed for schedules III-VN/ANew Mexico31,63SilentLimited to non-scheduled onlyNorth Carolina33Allowed for schedules III-VN/ANorth Dakota34Allowed for schedules III-V(COVID allowance adopted into law)Ohio35,6472-hour supply allowed for schedule III-V30-day supply allowed for schedules III-V*Non-scheduled can be filled for a 30-day supply90-day supply allowed for non-scheduledOklahoma36Limited to non-scheduled onlyN/AOregon37,38Limited to non-scheduled onlyN/APennsylvania39,40,65Limited to non-scheduled onlySchedule V allowedRhode Island41,66Allowed for schedules III-VCOVID policies exclude scheduled medications from the expanded 90-day allowanceSouth Carolina42Limited to non-scheduled onlyN/ASouth Dakota67Emergency fill not allowed for any medicationsLimited to non-scheduled onlyTennessee43Limited to non-scheduled onlyN/ATexas44Limited to non-scheduled onlyN/AUtah45,46Limited to non-scheduled onlyN/AVermont69SilentLimited to non-scheduled onlyVirginia47Limited to non-scheduled onlyN/AWashington487-day supply allowed for schedule III-V only during emergency proclamationN/A*Non-scheduled can be filled for a 30-day supply regardless of emergency proclamationWest Virginia49,5072-hour supply allowed for schedule III-VN/A*Non-scheduled can be filled for a 30-day supplyWisconsin51Limited to non-scheduled onlyN/AWyoming52Limited to non-scheduled onlyN/A Open in a separate window *States in which scheduled controlled substance drugs are not addressed are not included in the table. **Schedule II medications are not addressed as they are not allowed to be refilled per federal law. Knowing the risks involved with not timely dispensing some of these controlled substance medications, pharmacists may be positioned to give medication “loans” or a few days’ supply not pursuant to a valid prescription. This presents many problems, including changes to the controlled substance inventory that could appear to be diversion and cause red flags that may lead to a board of pharmacy investigation. Another problem is that this short, undocumented supply may not be reported to the state’s prescription drug monitoring program (PMP), which makes it difficult to track how many short supplies the patient has received from various pharmacies. Legal allowances for pharmacists to dispense emergency/COT supplies of controlled substances are necessary to take the legal burden away from pharmacists and allow them to provide the most appropriate patient care. STATE REGULATIONS THAT REQUIRE A DECLARED STATE OF EMERGENCY TO ALLOW A PHARMACIST TO DISPENSE AN EMERGENCY/COT REFILL. Prior to the COVID-19 pandemic, some states had in place specific allowances for emergency/COT refilling of medications during a declared emergency. These states offered broader allowances for emergency/COT refilling during a declared state of emergency and were prepared to handle the challenges that the lengthy COVID-19 pandemic presented to pharmacists and patients when prescribers’ offices were closed, and patients were unable to go to appointments to obtain prescription refill renewals of chronic medications. Many states have the blanket condition that the refill can be dispensed if the pharmacist is unable to obtain refill authorization after a good faith effort to contact the prescriber, which covers a variety of situations. Only two states, Arizona and Oklahoma, have very restrictive laws that only allow for an emergency/COT refill when there is a declared state of emergency. While it is beneficial to have expanded emergency/COT refill allowances during a declared emergency, there are many other situations where extended refill allowances would be appropriate. One example is in the case in which a prescriber dies or retires unexpectedly. In this situation a patient would need to identify a new provider and have an appointment to obtain refills. This process is time consuming and allowances for upwards of a month supply to hold these patients over would provide the patients with the necessary continuity of care. The condition and days’ supply surrounding emergency/COT refills should be left to the pharmacist’s professional discretion to ensure the best possible patient care. Certain states allow for an emergency/COT refill only under specific circumstance, such as a pharmacist being unable to obtain a refill from a prescriber pursuant to an outreach to the prescriber. In another example, such as Florida and Louisiana, a pharmacist may dispense a smaller emergency/COT quantity if unable to reach the prescriber, but they may also dispense a larger quantity during a declared state of emergency. Table 6 outlines the conditions in which an emergency/COT refill can be dispensed and whether there is a distinction in the allowance when there is a declared state of emergency. TABLE 6: Conditions in which an emergency/COT refill can be dispensed. StateConditions for Emergency/COT Refill AllowanceAlabama6, Alaska7, Arkansas9, California10, Colorado11, Connecticut12, Delaware13, Georgia15, Idaho16, Illinois17, Indiana18, Iowa19, Kansas20, Kentucky21, Minnesota24, Mississippi25, Missouri26, Montana27, Nevada28, New Hampshire29, New Jersey30, New Mexico31, New York32, North Carolina33, North Dakota34, Ohio35, Pennsylvania39,40, Rhode Island41, Tennessee43, Utah45,46, Virginia47, West Virginia49,50, Wisconsin51, Wyoming52 Pharmacist is unable to obtain refillArizona8 Declared emergencyFlorida14 Allowance varies based on whether it is a situation where the pharmacist is unable to obtain refill vs. declared state of emergencyLouisiana22 Allowance varies based on whether it is a situation where the pharmacist is unable to obtain refill vs. declared state of emergencyMaryland23 Allowance varies based on whether it is a situation where the pharmacist is unable to obtain refill vs. declared state of emergencyOklahoma36 Declared state of emergency or disasterOregon37,38 Allowance varies based on whether it is a situation where the pharmacist is unable to obtain refill vs. declared state of emergencySouth Carolina42 Allowance varies based on whether it is a situation where the pharmacist is unable to obtain a refill vs. declared state of emergencyTexas44 Allowance varies based on whether it is a situation where the pharmacist is unable to obtain a refill vs. declared state of emergencyWashington48 Allowance varies based on whether it is a situation where the pharmacist is unable to obtain a refill vs. declared state of emergency Open in a separate window *States that are silent on emergency/COT refill laws or do not allow for emergency/COT refills are not included. SPECIFIC STATES OF NOTE AND OUTLIERS. The legal research revealed certain states that have statutory or regulatory language that may have presented as outliers to language seen in other states, which may benefit from some clarification from those states. Below are a few examples. Colorado: Colorado’s law on emergency prescription refills presents a scenario in which there is specificity pertaining to the quantity of medication allowed in an emergency through the following language: “the amount of the chronic maintenance drug dispensed does not exceed the amount of the most recent prescription of the standard quantity or unit of use package of the drug”.11 This language may place pharmacists in a position to choose dispensing a day supply that is appropriate to ensure patient continuity of care or a quantity that closely aligns with the applicable language, which may not mitigate gaps in the patient’s pharmaceutical care. Nevada: Nevada emergency/COT refill laws prior to the COVID-19 pandemic were quite open ended and allowed for any “sufficient quantity” of medication, including controlled substances, until the physician can be reached.28 When the COVID-19 pandemic began the board of pharmacy released new guidance on the issuance of emergency/COT refills that restricted the statutory allowance, by limiting the supply to 30 days as opposed to the sufficient quantity needed until the prescriber could be contacted.62 North Dakota: North Dakota is a case in which, prior to the COVID-19 pandemic, the law was silent regarding dispensing of emergency refills, however pursuant to the pandemic, the state enacted a new law to allow pharmacists to dispense emergency refills, including controlled medications.34 North Dakota is a noteworthy example of a state that realized the value a pharmacist may bring to the public under these circumstances and adopted a law to make a COVID-19 allowance permanent. Go to: RECOMMENDATIONS AND CONCLUSION The ability for a pharmacy to dispense an emergency/COT refill is an important component in ensuring patient continuity of care. As this paper demonstrates, there is great variability on the ability to dispense an emergency/COT refill, the circumstances in which the dispensing may occur, and the day supply that may be dispensed. Given the variability and inconsistency with the state laws and regulations pertaining to pharmacist emergency/COT refill allowances, the public would benefit from having those states amend their laws and regulations. This action would allow the pharmacist to not be deterred to provide an emergency/COT refill to the patient, with the concern over whether they are complying with state laws and regulations, and the patient would be able to continue their therapeutic regimen without interruption. These amendments would further provide additional time for both the pharmacy and prescriber to react to a scenario in which a patient needs their medications and do not have refills on their prescription. Lastly, these amendments would avoid the possibility of not dispensing a medication to a patient because the medication is in a unit of use dosage form, such as an inhaler, or insulin. When dispensing an emergency/COT refill, the quantity, day supply and frequency dispensed should be predicated on the circumstances and the professional judgment of the pharmacist, without the need for statutory or regulatory restrictions. While the professional judgment of pharmacists may vary, the alternative that includes stringent statutory or regulatory mandates, limiting the amount of medication the patient may receive in an emergency, places the patient in a position where the pharmacist is not afforded any opportunity to leverage their professional judgement and ensure continuity of care. If a state legislature or Board of Pharmacy has concerns over pharmacists utilizing emergency/COT refills in perpetuity, a reasonable statutory or regulatory guardrail such as a 90 to 180 day maximum day supply allowance would be recommended. Disclaimer: The views expressed in this manuscript are those of the authors alone, and do not necessarily reflect those of their respective employers or universities. Go to: REFERENCE 1. THE DURHAM-HUMPHREY AMENDMENT. JAMA. 1952;149(4):371. [Google Scholar] 2. Stern L, Berman J, Lumry W, et al. Medication compliance and disease exacerbation in patients with asthma: A retrospective study of managed care data. Ann. Allergy Asthma Immunol. 2006;97(3):402–408. [PubMed] [Google Scholar] 3. Li K, Tao J, Li Y, et al. Patterns of persistence with pharmacological treatment among patients with current depressive episode and their impact on long-term outcome: A naturalistic study with 5-year follow-up. Patient Preference Adherence. 2018;12:681–693. 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Missouri MO ST 338.200. [Ref list] 27. Montana Mont. Admin. R. 24.174.836. [Ref list] 28. Nevada Nev. Rev. Stat § 639.2394. [Ref list] 29. New Hampshire N.H. Admin. Rules 704.15. [Ref list] 30. New Jersey N.J. Admin. Code § 13:39-7.4. [Ref list] 31. New Mexico N.M. Stat. § 61-11-7. [Ref list] 32. New York N.Y. Comp. Codes R. & Regs. tit. x, § 8.29.1. [Ref list] 33. North Carolina N.C. Admin. Code 21-46.1815. [Ref list] 34. North Dakota N.D. Cent. Code § 43-15-01. [Ref list] 35. Ohio Ohio. Rev. Code § 4729.281. [Ref list] 36. Oklahoma Okla. Admin. Code § 535:13-1-4. [Ref list] 37. Oregon Or. Admin. R. 855-041-1120. [Ref list] 38. Oregon Or. Rev. Stat. § 689.696. [Ref list] 39. Pennsylvania 63 Pa. Cons. Stat. §390.2. [Ref list] 40. Pennsylvania 63 Pa. Cons. Stat. §390.8. [Ref list] 41. Rhode Island R.I. Gen. Laws §5-19.1-24. [Ref list] 42. South Carolina S.C. Code. § 40-43-86. [Ref list] 43. Tennessee Tenn. Code § 63-10-207. [Ref list] 44. Texas Tex. [Emergency Refills] Code §562.054. [Ref list] 45. Utah Utah Code § 58-17b-608. [Ref list] 46. Utah Utah Admin. Code r.156-17b-612. [Ref list] 47. Virginia Va. Code § 54.1-3411. [Ref list] 48. Washington Wash. Admin. Code § 246-945-330. [Ref list] 49. West Virginia W.Va. Code § 30-5-36. [Ref list] 51. Wisconsin Wis. Stat. § 450.11. [Ref list] 52. Wyoming Wyo. Stat. § 33-24-136. [Ref list] 53. Alabama Board of Pharmacy. Emergency Refills for Maintenance Medications. Yeatman, DC.: Mar, 2020. https://www.albop.com/PDF%20Files/2020/Coronavirus%20-%20Emergency%20refill%20-%20UPDATED.pdf Accessed April 5, 2021. [Google Scholar] [Ref list] 54. Arizona Ariz. Exec. Order No. 2020-20 (Apr. 2, 2020) [Ref list] 55. Connecticut Conn. Exec. Order No. 71 (Mar. 12, 2020) [Ref list] 56. District of Columbia DC. Mayor’s Order No. A23-247 (Apr. 10, 2020) [Ref list] 57. Georgia Ga. Exec. Order No. 03.20.20.02 (Mar. 20, 2020) [Ref list] 58. Indiana Ind. Exec. Order No. 20-12 (Mar. 6, 2020) [Ref list] 59. Kentucky Ky. Exec. Order No. 2021-137 (Mar. 4, 2021) [Ref list] 60. Executive Office of Health and Human Services. Order of the Commissioner of Public Health Related to Pharmacy Practice. March; 2020. https://www.mass.gov/doc/pharmacy-practice-order/download Accessed April 10, 2021. [Google Scholar] [Ref list] 61. Missouri Missouri Exec. Order No. 20-02 and 20-04 (March. 31, 2020) [Ref list] 62. Nevada State Board of Pharmacy. Guidance on the Authority of a Pharmacist to Issue Emergency Refills in Response to COVID-19. Apr, 2020. https://bop.nv.gov/uploadedFiles/bopnvgov/content/Resources/ALL/Guidance%20On%20the%20Authority%20of%20a%20Pharmacist%20to%20Issue%20Emergency%20Refills%20in%20Response%20to%20COVID-19%2004.01.2020.pdf Accessed April 10, 2021. [Ref list] 63. New Mexico Board of Pharmacy. DECLARATION – New Mexico Regulation and Licensing Department Board of Pharmacy. Apr, 2020. https://www.newmexico.gov/2020/04/11/emergency-dispensing-declaration-new-mexico-regulation-and-licensing-department-board-of-pharmacy/ Accessed April 10, 2021. [Ref list] 65. Pennsylvania Department of State. Pennsylvania Issues Additional Pharmacy-Related Waivers During COVID-19 Emergency. Apr, 2020. https://www.dos.pa.gov/Documents/2020-04-13-Pharmacy-Omnibus.pdf Accessed April 10, 2021. [Ref list] 66. Rhode Island Code R.I. Rules 216-40-15-1.15. [Ref list] 67. South Dakota S.D. Admin R. 20:51:05:20. [Ref list] 68. Tennessee Tenn. Exec. Order No. 2020-15 (Mar. 19, 2020) [Ref list] 69. Vermont Vt. Stat. Ann. Pharmacists; Clinical Pharmacy; Extension of Prescription for Maintenance Medication. § H-742. [Ref list] 50. West Virginia W.Va. Code R. § 15-1-22. [Ref list] 64. State of Ohio Board of Pharmacy. Extension of emergency refill. Jun, 2020. https://www.pharmacy.ohio.gov/Documents/Pubs/Special/COVID19Resources/Extension%20of%20Emergency%20Refills.pdf Accessed April 10, 2021. [Ref list] 72. 21 C.F.R. § 1306.11. [Ref list] OTHER FORMATS * PDF (310K) ACTIONS * Cite * Collections Add to Collections * Create a new collection * Add to an existing collection Name your collection: Name must be less than characters Choose a collection: Unable to load your collection due to an error Please try again Add Cancel SHARE * * * Permalink Copy RESOURCES * Similar articles * Cited by other articles * Links to NCBI Databases [x] Cite Copy Download .nbib .nbib Format: AMA APA MLA NLM Follow NCBI Twitter Facebook LinkedIn GitHub Connect with NLM * SM-Twitter * SM-Facebook * SM-Youtube National Library of Medicine 8600 Rockville Pike Bethesda, MD 20894 Web Policies FOIA HHS Vulnerability Disclosure Help Accessibility Careers * NLM * NIH * HHS * USA.gov External link. Please review our privacy policy.