Q: What are my options, if the pharmacy is not familiar with Kevin's Law and refused my emergency insulin refill?

It's a holiday weekend and myself and the pharmacy have both been very unsuccessful with obtaining a new prescription from my physician for the last few days. My current insulin prescription has zero refills remaining and today I asked the pharmacy for an emergency insulin refill and they advised me that this is not possible because an emergency refill is only for 72 hours by law and they're unable to give me 72 hours worth of insulin because of it's packaging. They also advised that the insurance will only pay for 72 hours worth of medication during an emergency refill and that insulin does not fall under this option.

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Sacramento, CA

A: In Arizona, Kevin's Law allows pharmacists to provide emergency refills of non-controlled medications for up to a 90-day supply, under certain conditions, when a doctor's authorization is not immediately available. This law aims to prevent lapses in critical medication, like insulin, due to unforeseen circumstances.

If the pharmacy is not familiar with this law or unwilling to comply, you have several options. First, try explaining the law to them, perhaps providing a written copy. If this does not resolve the issue, consider contacting another pharmacy that might be more knowledgeable or willing to assist.

You can also contact your insurance company for guidance. They may be able to provide information or assistance regarding emergency refills under your plan.

In a situation where your health is at risk and you're unable to get an emergency refill, it may be necessary to seek medical attention at an urgent care center or hospital. They can provide the necessary medication and assist in managing your immediate medical needs.

Additionally, documenting this experience is important. It could be useful if you need to take further action, such as filing a complaint with the state pharmacy board or seeking legal recourse.

Remember, your health and safety are paramount. Do not hesitate to seek immediate medical help if your situation becomes critical.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.