Tex.
Occ. Code Section 562.0541
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 (Emergency Refills)(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.(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.
Source:
Section 562.0541 — Emergency Refills of Insulin and Insulin-related Equipment or Supplies, https://statutes.capitol.texas.gov/Docs/OC/htm/OC.562.htm#562.0541 (accessed Jun. 5, 2024).
