1. (1) If a prescription may not be refilled otherwise, a pharmacist or pharmacy intern may refill the prescription in an emergency without the prescribing practitioner's authorization if:

   1. (a) the prescription is for a drug that is not a controlled substance;
   2. (b) the patient is currently using the drug prescribed;
   3. (c) the prescribing practitioner is not available promptly to authorize the refill;
   4. (d) the pharmacist or pharmacy intern, or another pharmacist or pharmacy intern at the same pharmacy, has not previously dispensed a refill for the prescription under this section;
   5. (e) refilling the prescription is in the interest of the patient's health;
   6. (f) in the professional judgment of the pharmacist or pharmacy intern the prescription should be refilled;
   7. (g) except as provided in Subsection (1)(h), the pharmacist or pharmacy intern dispenses the medication in accordance with the prescribing practitioner's instructions included with the prescription; and
   8. (h) the pharmacist or pharmacy intern dispenses no more than the amount necessary to address the emergency.

2. (2) If the prescription for a drug dispensed under Subsection (1) is on file with the pharmacy where the drug is dispensed, the pharmacist or pharmacy intern may dispense more than a three-day supply only if:

   1. (a)

      1. (i) the prescription has expired within the past 30 days; or
      2. (ii) no refills are remaining on the prescription; and

   2. (b) the amount dispensed does not exceed the lesser of:

      1. (i) a 30-day supply; or
      2. (ii) the quantity last dispensed at the pharmacy pursuant to the prescription as either a fill or a refill.
3. (3) A pharmacist or pharmacy intern who dispenses a prescription refill under this section shall inform the prescribing practitioner of the emergency refill as soon as practicable.

Repealed and Re-enacted by Chapter 372, 2020 General Session