(a) Nothing in this section and §§ 17-92-101(1)-(11), 17-92-103, 17-92-105, 17-92-205(b), 17-92-206(b), 17-92-303, 17-92-402, 17-92-404, 17-92-405, 17-92-409, 17-92-410, and 17-92-411(a) shall prevent the personal administration of drugs and medicines carried and kept for emergencies by licensed physicians, dentists, or veterinarians in order to supply the immediate needs of their patients while in their presence, nor shall it apply to physicians, dentists, or veterinarians compounding or dispensing their own prescriptions.
(b) The provisions of this section and §§ 17-92-101(1)-(11), 17-92-103, 17-92-105, 17-92-205(b), 17-92-206(b), 17-92-303, 17-92-402, 17-92-404, 17-92-405, 17-92-409, 17-92-410, and 17-92-411(a) shall not apply:
(1) To the sale of drugs and medicines when intended for agricultural, technical, and industrial use, unless those drugs and medicines are legend drugs as defined in § 20-64-503;
(2) To the sales by wholesale druggists, wholesale or retail grocers, or other wholesale or retail dealers or manufacturers of proprietary medicines in original packages; or
(3) To the sales of those drugs commonly known as "grocers' drugs" in original packages when put up under the direction of a licensed pharmacist of this or some other state.
(c) Further exempted from the provisions of this section and §§ 17-92-101(1)-(11), 17-92-103, 17-92-105, 17-92-205(b), 17-92-206(b), 17-92-303, 17-92-402, 17-92-404, 17-92-405, 17-92-409, 17-92-410, and 17-92-411(a) are the sale of legend drugs approved by the State Board of Optometry by licensed pharmacists to duly licensed optometrists and the possession and use of legend drugs by duly licensed optometrists as authorized by the board and by §§ 17-90-401 -- 17-90-403.
(d) In the event a pharmacist receives a request for a prescription refill and the pharmacist is unable to obtain refill authorization from the prescriber, the pharmacist may dispense a one-time emergency refill of up to a seventy-two-hour supply of the prescribed medication, provided that:
(1) The prescription is not for a medicinal drug listed in Schedule II as defined in § 5-64-205;
(2) The medication is essential to the maintenance of life or to the continuation of therapy;
(3) In the pharmacist's professional judgment, the interruption of therapy might reasonably produce undesirable health consequences or may cause physical or mental discomfort;
(4) The pharmacist properly records the dispensing; and
(5) The dispensing pharmacist notifies the prescriber of the emergency dispensing within a reasonable time after the one-time emergency refill dispensing.
Section: 17-92-102 17-92-103 17-92-104 17-92-105 17-92-106 17-92-107 17-92-108 17-92-109 17-92-110 17-92-111 17-92-112 17-92-113 17-92-114 NextLast modified: November 15, 2016