Posted on Feb 20, 2018 (SenatorBrowne.com)
Legislation addressing prescription refills in emergency situations was signed into law by Governor Wolf today as Act 8 of 2018, according to Senator Pat Browne (R-16) and Representative Ryan Mackenzie (R-134) who sponsored companion legislation for this law.
Senate Bill 542 eliminates a life threatening loophole in the state’s emergency prescription refill law. Under current law, in the event of an emergency situation where a patient cannot obtain a doctor’s script for the refill of a prescription, a pharmacist could issue a 72 hour supply of that drug. Issues with the law arose, with drugs that are not available in 72-hour supplies, such as insulin, and therefore could not be dispensed to the patient. This situation has resulted in fatalities in other states.
With the signing of this legislation, pharmacists are now permitted to dispense up to a 30 day emergency supply as long as certain conditions are met, such as the drug is not available in a 72-hour supply, is not a controlled substance and is essential to maintain life.
“Fixing this oversight in the current law has the real potential to save lives in Pennsylvania,” Senator Browne said. “There are a wide range of reasons as to why an individual would need to be able to obtain an emergency refill of their life-sustaining medication. I thank my colleagues in the legislature for passing this legislation that helps ensure patients do not reach a life-threatening situation because they are denied access to an emergency supply of their medication.”
“I am pleased to have this bill approved by the General Assembly and signed into law,” said Mackenzie, author of companion legislation House Bill 1186. “Individuals on life-sustaining medication need to know there is a backup plan in place in case they run out of medication and are not in a position to get a hold of their doctor for a prescription refill. They should not be placed in a panic situation or be forced to go to an emergency room to get the medically necessary medication they need.”
Local advocates brought this issue to Sen. Browne’s and Rep. Mackenzie’s attention, hoping to prevent in Pennsylvania cases like that of Kevin Houdeshell. Houdeshell passed away in 2014 because state law in Ohio would not allow for him to obtain an emergency supply of insulin.
The Act takes effect immediately.
Deborah Healy led our state team effort making me aware of the tragedy for Judy and Dan Houdeshell. The Houdeshell family modeled the law in Ohio and has been supportive of every effort to get this news out across our nation. Many PA AADE members participated in making their voices heard through multiple Call-to-Action efforts as well as other advocates in our diabetes community to move this bill through the Senate and the House. We also need to recognize and thank Senator Browne, Representative Mackenzie and Governor Wolf.
States that have passed their version of Kevin's law successfully:
1. Ohio - March 2016
2. Florida - July 2016
3. Arkansas - March 1, 2017
4. Arizona - March 29, 2017
5. Wisconsin - June 21, 2017
6. Washington State - Dec. 31, 2016
7. Illinois - August 18, 2017
8. NEW is Idaho passed January 10, 2018 takes effect July 1, 2018
9. NEW is Michigan goes into effect on January 11, 2018
10. NEW is Pennsylvania Passed January 24, 2018 - signed into law Feb 15, 2018 EFFECTIVE IMMEDIATELY
Let’s keep the momentum!