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A patient visits to a pharmacy and asks for a refill on his blood pressure maintenance medication. Upon reviewing, the pharmacist revealed that the original prescription for the requested refill was filled by another pharmacy. The patient has presented an empty prescription container which shows all the required information regarding originally issued pharmacy and prescribing physician. The pharmacist tries to contact the pharmacy and prescribing physician without any success. Under these circumstances, which of the following is TRUE?

a. Request the patient to obtain a new prescription.
b. Direct the patient to go to the original pharmacy.
c. Fill a 3-day supply.
d. Tell the patient, you won't be able to help him.

Fill a 3-day supply, [Texas Administrative Code Title 22, Part 15, Chapter 291, Subchapter B, 291.34(7)(E)(vii)].

If a pharmacist is unable to contact the prescribing practitioner after a reasonable effort, a pharmacist may exercise his professional judgment in refilling a prescription drug order for a drug, other than a controlled substance listed in Schedule II, without the authorization of the prescribing practitioner, provided:      

(i). failure to refill the prescription might result in an interruption of a therapeutic regimen or create patient suffering;      

(ii). the quantity of prescription drug dispensed does not exceed a 72-hour supply;      

(iii). the pharmacist informs the patient or the patient's agent at the time of dispensing that the refill is being provided without such authorization and that authorization of the practitioner is required for future refills;      

(iv). the pharmacist informs the practitioner of the emergency refill at the earliest reasonable time;      

(v). the pharmacist maintains a record of the emergency refill containing the information required to be maintained on a prescription as specified in this subsection;      

(vi). the pharmacist affixes a label to the dispensing container as specified in §291.33(c)(7) of this title; and      

(vii). if the prescription was initially filled at another pharmacy, the pharmacist may exercise his professional judgment in refilling the prescription provided:        

(I). the patient has the prescription container, label, receipt or other documentation from the other pharmacy which contains the essential information;        

(II). after a reasonable effort, the pharmacist is unable to contact the other pharmacy to transfer the remaining prescription refills or there are no refills remaining on the prescription;        

(III). the pharmacist, in his professional judgment, determines that such a request for an emergency refill is appropriate and meets the requirements of clause (i) of this subparagraph; and        

(IV). the pharmacist complies with the requirements of clauses (ii) - (vi) of this subparagraph.