38-28,104.

Prescription; contents; refill; pharmacist dispense, when; conditions; liability or disciplinary action.

(1) A prescription for a legend drug which is not a controlled substance must contain the following information prior to being filled by a pharmacist or a practitioner who holds a pharmacy license under subdivision (1) of section 38-2850: Patient's name, or if not issued for a specific patient, the words "for emergency use" or "for use in immunizations"; name of the drug, device, or biological; strength of the drug or biological, if applicable; dosage form of the drug or biological; quantity of drug, device, or biological prescribed; number of authorized refills; directions for use; date of issuance; prescribing practitioner's name; and if the prescription is written, prescribing practitioner's signature. Prescriptions for controlled substances must meet the requirements of sections 28-414 and 28-414.01.

(2) If a pharmacist receives a request for a prescription refill with no refill authorization and the pharmacist is unable to obtain a refill authorization from the prescribing practitioner after making reasonable efforts, the pharmacist may dispense an emergency refill if:

(a) The pharmacist obtains prescription information from: (i) A prescription label; (ii) a prescription record located in any pharmacy; or (iii) a common database;

(b) The prescription refill is not for a controlled substance;

(c) The prescription refill is for a maintenance medication;

(d) In the pharmacist's professional judgment, failure to dispense the refill is likely to endanger the patient's health or disrupt essential drug therapy for the patient;

(e) The pharmacist informs the patient or the patient's agent at the time of dispensing that the refill is being provided without the prescriber's authorization and that prescriber authorization is required for future refills;

(f) The prescription refill is documented in the patient's prescription record;

(g) The pharmacist informs the prescriber within seventy-two hours of dispensing the refill; and

(h) The prescription refill is dispensed in person or delivered by staff of the pharmacy.

(3) A refill provided pursuant to subsection (2) of this section shall not be (a) dispensed in an amount greater than a seven-day supply, except that if the drug is packaged in a form that requires a pharmacist to dispense the drug in an amount greater than a seven-day supply, the pharmacist may dispense the drug in the smallest quantity in which the drug is typically packaged and (b) dispensed to the same patient more than one time in any six-month period.

(4) The prescriber of a drug shall not be liable or subject to disciplinary action for an act or omission in connection with dispensing a refill pursuant to subsection (2) of this section.