71-8922.01. Veterinary legend drug; deceased prescriber; effect on distribution; limitations.
(1) Except as otherwise provided in this section, a veterinary drug distributor may refill and distribute a veterinary legend drug pursuant to a veterinary drug order issued on or after August 28, 2021, by a veterinarian licensed in this state pursuant to a bona fide veterinarian-client-patient relationship without the prescriber's authorization if the prescriber is deceased and continuation of the veterinary legend drug is necessary for the animal's health, safety, and welfare.
(2) A refill under this section shall be limited in quantity to the amount sufficient to maintain the animal's health, safety, and welfare until a bona fide veterinarian-client-patient relationship can be established with a licensed veterinarian, but in no event shall the quantity exceed a thirty-day supply.
(3) If a licensed veterinarian indicates on a veterinary drug order that no emergency refills are authorized, a veterinary drug distributor shall not dispense under this section pursuant to that veterinary drug order.
(4) This section does not apply to controlled substances.
(5) A veterinary drug distributor shall not be required to refill any veterinary drug order under this section and shall not be liable for any damages resulting from refilling a veterinary drug order issued by a licensed veterinarian under this section unless such damages are a result of the gross negligence of the veterinary drug distributor.
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