(a) A pharmacist may refill a prescription for a drug or device for which the refill has not been authorized if:
(1) The pharmacist:
(i) Attempts to obtain an authorization from the authorized prescriber; and
(ii) Is not able readily to obtain the authorization;
(2) The refill of the prescription is not for a controlled dangerous substance;
(3) The drug or device is essential to the maintenance of life;
(4) (i) The drug or device is essential to the continuation of therapy in chronic conditions; and
(ii) In the pharmacist’s professional judgment, the interruption of the therapy reasonably might produce an undesirable health consequence, be detrimental to the patient’s welfare, or cause physical or mental discomfort;
(5) The pharmacist:
(i) Enters on the back of the prescription or on another appropriate uniformly maintained, readily retrievable record, such as a medication record, the date and the quantity of the drug or device dispensed; and
(ii) Signs or initials the record; and
(6) The pharmacist notifies the authorized prescriber of the refill of the prescription within 72 hours of dispensing the drug or device.
(b) If a pharmacist refills a prescription under subsection (a) of this section, the pharmacist may provide only 1 refill of the prescription and the refill quantity dispensed shall be in conformity with the prescriber’s directions for use and may not exceed a 14-day supply or unit of use.
(c) If the federal or a state government declares a state of emergency, a pharmacist working in Maryland may refill a prescription for a drug for which the refill has not been authorized if:
(1) As a result of the emergency, the pharmacist is unable to obtain an authorization from the authorized prescriber;
(2) The refill of the prescription is not for a controlled dangerous substance;
(3) The quantity dispensed does not exceed a 30–day supply or unit of use; and
(4) The pharmacist notifies the authorized prescriber of the refill of the prescription within 7 days of dispensing the drug.
Structure Maryland Statutes
Title 12 - Pharmacists and Pharmacies
Subtitle 5 - Practice of Pharmacy and Operation of Pharmacies
Section 12-501 - Refusal to Dispense or Refill Prescription
Section 12-502 - Pharmaceutical Information
Section 12-504 - Substitution of Generic Equivalent for Brand Name Drug Products
Section 12-504.1 - Dispensing Biological Products
Section 12-505 - Labeling Requirements for Prescription Medicines
Section 12-506 - Guidelines for Unauthorized Refills
Section 12-507 - Consultation With Medical Assistance Recipients and Caregivers; Records
Section 12-508 - Administration of Vaccinations
Section 12-509 - Administration of Drugs
Section 12-510 - Compounded Nonsterile or Sterile Preparations
Section 12-511 - Prescribing and Dispensing Contraceptives by Pharmacist Authorized
Section 12-512 - Single Dispensing of Prescription Drugs by Pharmacist