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(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.Tex. Occ. Code § 562.0541
Added by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 679,Sec. 1, eff. 9/1/2021.