HB 2455 -- CHRONIC MAINTENANCE DRUGS

SPONSOR: Doll

This bill expands the practice of pharmacy to include the dispensing of an emergency supply of a chronic maintenance drug, as defined in the bill.

A pharmacist may dispense an emergency supply of a chronic maintenance drug to a patient without a current, valid prescription if:

(1) The pharmacist attempts but is unable to obtain authorization to refill the prescription from the prescribing provider;

(2) The pharmacist has a record of prescription or has been presented proof of a recent prescription, or in the pharmacist's judgment the refusal to dispense an emergency supply of the chronic maintenance drug will endanger the patient's health;

(3) The amount of the chronic maintenance drug dispensed does not exceed the amount of the most recent prescription or the standard quantity or unit-of-use package of the drug; and

(4) The prescriber of the drug has not indicated that no emergency refills are authorized.

A pharmacist, the pharmacist's employer, and the original prescriber shall not be civilly liable for an act or omission in connection with dispensing a chronic maintenance drug under the provisions of this bill unless the act or omission constitutes negligence, recklessness, or willful or wanton misconduct.

The Board of Pharmacy, in consultation with the State Board of Registration for the Healing Arts and the State Board of Nursing, shall adopt rules to establish standard procedures for pharmacists to follow in dispensing chronic maintenance drugs under, as described in the bill.

This bill is similar to HB 2823 (2022).

Statutes affected:
Introduced (4982H.01): 338.010, 338.740