When may a pharmacist dispense an emergency refill supply of legend drugs?

A pharmacist may dispense an emergency refill supply of legend drugs without prescriber consent if the patient cannot be contacted due to the need to ensure continuity of therapy and avoid potential harm to the patient. This scenario typically arises in situations where a patient may be unable to obtain a new prescription immediately and might face health risks if their medication is interrupted.

In many jurisdictions, including Minnesota, this provision is rooted in recognizing that access to essential medication is critical, especially in emergencies. The pharmacist acts in the best interest of the patient by providing a short-term supply while ensuring the patient's ongoing health is maintained. This action should generally be limited to a specific quantity, often no more than a certain number of days’ supply, to prevent long-term dependence on emergency refills and encourage patients to secure a new prescription as soon as possible.

Verbal consent from the patient or written consent from the prescriber may not suffice in emergency situations where immediate action is needed. Similarly, knowing the prescriber is out of town does not necessarily justify an emergency refill without the conditions set for communication. In each case, the primary goal is to prioritize patient welfare and medication accessibility while adhering to legislative guidelines.