SECTION 354.1868. Exceptions in Disasters  


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  • (a) In the case of a disaster, a pharmacy is reimbursed for dispensing a refill medication without prescriber authorization if:

    (1) failure to refill the prescription might result in an interruption of a therapeutic regimen or create patient suffering;

    (2) the natural or manmade disaster prohibits the pharmacist from being able to contact the prescribing practitioner or original filling pharmacy;

    (3) the Governor has declared a state of disaster under Chapter 418, Texas Government Code; and

    (4) the Texas State Board of Pharmacy has notified pharmacies that pharmacists may dispense up to a 30-day supply of a dangerous drug, as defined in Chapter 483 of the Texas Health and Safety Code.

    (b) Protocols for drugs dispensed in disasters must conform to state law and Texas State Board of Pharmacy rules.

Source Note: The provisions of this §354.1868 adopted to be effective May 15, 2016, 41 TexReg 3291