MONTGOMERY-Governor Ivey has issued a supplemental state of emergency to the current state of emergency in place for Ida. There are currently Ida evacuees in Alabama, and Governor Ivey wants to be sure that we do everything in our power to aid in their recovery. This supplemental proclamation is geared at enabling Ida evacuees to more easily obtain emergency prescription refills.
Governor Ivey also issued the following statement:
“We currently have Ida evacuees staying in Alabama, and I want to ensure that our state is doing our part to bring any possible relief to them. Following a tough storm, obtaining prescription refills can be problematic, and this supplemental state of emergency will enable these evacuees to safely and more easily get those refills. We will do all we can to help our friends in Louisiana and Mississippi get back on their feet, and I want to assure them that they are more than welcome to contact this office for assistance.” – Governor Kay Ivey
Below is a summary of the proclamation.
Today’s proclamation will enable Hurricane Ida evacuees to more easily obtain “emergency” prescription refills:
- Under current law, when an Alabama pharmacist cannot readily obtain formal refill authorization, he or she may give the patient an “emergency” refill of up to a 72-hour supply of the medication. Under today’s proclamation, that 72-hour limit is extended, allowing the pharmacist to dispense a 30-day emergency supply of the medicine.
- The proclamation retains existing safeguards to prevent abuse. For example:
- Schedule II drugs (such as oxycodone and fentanyl) may not be prescribed on an emergency basis.
- The medicine must be essential to maintain life or to continue therapy for a chronic condition.
- The dispensing pharmacist must obtain some reasonable verification of the original prescription, such as a pill bottle.
- The dispensing pharmacist must document the emergency refill.
- Individuals needing emergency drug refills not covered by this proclamation will need to obtain a new prescription.
STATE OF ALABAMA
PROCLAMATION
BY THE GOVERNOR
WHEREAS, on August 28, 2021, I proclaimed a state of emergency for Alabama’s coastal and western counties in anticipation of Hurricane Ida;
VWIEREAS Hurricane Ida made landfall in Louisiana on August 29, 2021, with sustained winds of 150 miles per hour, making it one of the strongest hurricanes ever to make landfall in the United States;
WHEREAS Hurricane Ida caused great damage and destruction in Mississippi and Louisiana, prompting many citizens of those States to flee to safety in Alabama and at this time it is unknown when these evacuees will be able to safely return home; and
WHEREAS Hurricane Ida’s impacts have brought to light the need for additional emergency action by state government;
NOW THEREFORE, I, Kay Ivey, Governor of the State of Alabama, pursuant to the relevant provisions of the Alabama Emergency Management Act of 1955, as amended, Ala. Code SS 31-9-1 et seq., do hereby proclaim the existence of conditions that warrant implementation of additional extraordinary measures and relief during the state of emergency now in effect in order to guard public health and protect human life. I therefore proclaim and direct all of the following:
I. Emergency refills of prescription drugs
Because hurricane evacuees in Alabama may face emergency prescriptionmedication needs without the ability to readily obtain proper refill authorization, I find that the existing, statutory 72-hour-supply limit on emergency prescription refills is both impractical and inadequate and should be extended. To that end, the refilling of prescription medications on an emergency basis shall be subject to the following rules:
A. The supply of prescription medication that may be filled in an emergency under section 34-23-75 of the Code of Alabama is hereby increased from a 72-hour supply to a 30-day supply.
B. Emergency prescription refills may be dispensed pursuant to this proclamation only if:
1. The prescription is not a medicinal agent listed in Schedule Il appearing in Title 20, Chapter 2 of the Alabama Code or in Chapter 420-7-2 of the Alabama Administrative Code.
2. The medication is essential to the maintenance of life or the continuation of therapy in a chronic condition as designated in the joint rule adopted by the Board of Pharmacy, see Ala. Admin Code r. 680-X-2-.26, and the Board of Medical Examiners, see id. r. 540-X-4-.07.
3. The dispensing pharmacist is unable to readily obtain refill authorization from the prescriber.
4. The dispensing pharmacist obtains documentation that would allow the pharmacist to reasonably verify the medication and appropriate dosage thereof—for example, the actual medication bottle indicating the name of the prescriber, copies of prescriptions, an insurance billing report, or an insurance claim notification.
5. The dispensing pharmacist creates a written order containing all of the prescription information required by Title 34, Chapter 23 and Title 20, Chapter 2 of the Alabama Code.
6. The dispensing pharmacist notifies the prescriber of the emergency dispensing within 30 days after such dispensing.
C. Each dispensing pharmacist shall use his or her good judgment in refilling prescriptions pursuant to this proclamation.
D. Persons needing emergency refills of prescriptions in instances not authorized by this proclamation must seek and receive a new prescription from a person licensed to prescribe medications in the State of Alabama.
FURTHER, to the extent a provision in this supplemental proclamation conflicts with any provision of state law, that law is hereby suspended for the duration of this state of emergency, and this proclamation shall control.
FURTHER, I declare that this proclamation is supplemental to my proclamation of August 28, 2021, and that all provisions in this proclamation or the August 28, 2021 proclamation shall remain in full force and effect for the duration of the state of emergency unless modified or terminated by proclamation of the Governor.
IN WITNESS, WHEREOF, 1 have hereunto set my hand and caused the Great Seal to be affixed by the Secretary of State at the State Capitol in the City of Montgomery on this the 2nd day of September 2021.
Kay Ivey Governor
ATTEST:
John . Merrill
Secretary of State
Media Release/Office of Alabama Governor Kay Ivey
