Early refills for topical ophthalmic products authorized under certain circumstances

1. Except as otherwise provided in subsection 2, a pharmacist, upon the request of a patient having difficulty with inadvertent wastage of a topical ophthalmic product, and pursuant to a valid prescription which bears specific authorization to refill, shall dispense a refill of the product: (a) After 21 days or more but before 30 days after the patient has received any 30-day supply of the product; (b) After 42 days or more but before 60 days after the patient has received any 60-day supply of the product; or (c) After 63 days or more but before 90 days after the patient has received any 90-day supply of the product. 2. The provisions of subsection 1 do not: (a) Apply to any controlled substance; or (b) Authorize any refills in excess of the number of refills indicated on the prescription by the prescribing practitioner. 3. As used in this section: (a) “Inadvertent wastage” means loss of a topical ophthalmic product due to difficulty applying the product to the eye as directed. (b) “Topical ophthalmic product” means a liquid prescription drug which is applied directly to the eye from a bottle or by means of a dropper.