Pharmacist Prescription Adaptation During the Declared COVID-19 Emergency
Beginning April 9, 2020 to continue during the declared state of emergency in New Mexico due to COVID-19, unless otherwise amended:
Pursuant to the Pharmacy Act, NMSA 1978, §§ 61-11-6 A (20) and 61-11-6 B (3), the New Mexico Board of Pharmacy authorizes emergency dispensing by a pharmacist through prescription adaptation without practitioner approval under the following circumstances:
In an emergency where limited access to prescribing health care practitioners interferes with the pharmacist’s ability to provide patient medication timely:
For the purpose of this declaration, prescription adaptation means to change a patient’s prescription regarding the:
- dose of the prescribed drug,
- dosage form of the prescribed drug, or
- directions for use of the prescribed drug,
but does not include therapeutic substitution.
- The pharmacist must possess the knowledge, skill and judgment regarding the performance of the act and understand the condition of the patient, to perform it safely and effectively.
- The pharmacist will determine whether the prescription adaptation is appropriate, using professional judgment and in accordance with the responsibilities of a pharmacist (220.127.116.11 NMAC, to include verbal communication with the patient or patient’s representative regarding the act, patient records, and prospective drug review).
- A pharmacist, using professional judgment, may
determine whether it is necessary to attempt to contact the prescriber before
performing the following adaptations:
- change the quantity, dosage, dosage form, or directions for use of the medication dispensed if it meets the intent of the prescriber, or
- complete missing information on a prescription if there is sufficient evidence to support the change.
- the pharmacist will document the prescription adaptation.
- In the event of a product shortage (prescribed medication is not available): A pharmacist, using professional judgment and in accordance with responsibilities of a pharmacist, may perform prescription adaptation when it is in the best interest of the patient, and the pharmacist cannot obtain the prescribing practitioner’s authorization for the adaptation. The pharmacist makes a new prescription. The prescription is dispensed as a 30-day supply with no refills. This provision does not prohibit the same medication from being dispensed at a later time pursuant to the provisions of this declaration, if all conditions continue to be met.
- The pharmacist will provide patient counseling (which may occur telephonically or by other electronic means), in accordance with 18.104.22.168 (F) NMAC, to include information pertinent to the prescription adaptation.
- The pharmacist will notify the prescriber of the prescription adaptation within 24 hours in writing by mail or by facsimile. The pharmacist will maintain documentation of notification.
- The pharmacist will document that the prescription was adapted pursuant to this Emergency Dispensing Declaration.