Emergency refills

(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: (a) the prescription is for a drug that is not a controlled substance; (b) the patient is currently using the drug prescribed; (c) the prescribing practitioner is not available promptly to authorize the refill; (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; (e) refilling the prescription is in the interest of the patient's health; (f) in the professional judgment of the pharmacist or pharmacy intern the prescription should be refilled; (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 (h) the pharmacist or pharmacy intern dispenses no more than the amount necessary to address the emergency. (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: (a) (i) the prescription has expired within the past 30 days; or (ii) no refills are remaining on the prescription; and (b) the amount dispensed does not exceed the lesser of: (i) a 30-day supply; or (ii) the quantity last dispensed at the pharmacy pursuant to the prescription as either a fill or a refill. (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.