Pharmacy Law: Ohio House Passes Bill Increasing Emergency Prescription Refills

In an effort to expand patients’ access to emergency refills of prescription medicines, the Ohio House of Representatives has just passed House Bill 37, increasing the number of times a year that a pharmacist can dispense a life-saving medication without a prescription. The Bill expands on House Bill 188, legislation which was introduced in 2016 and called “Kevin’s Law,” which changed the law to allow Ohio pharmacists to dispense a dose of insulin or other life-saving medications without a prescription in emergency situations.

Kevin’s law was named for Kevin Houdeshell, an Ohio man who suffered from diabetes. Mr Houdeshell was insulin-dependent and needed a refill before New Year’s Day 2014. He went to his pharmacy on Friday, December 28^th, but his doctor’s office had already closed, and so the pharmacist told Mr Houdeshell to come back to get the prescription filled. The doctor’s office was closed over the weekend, as well as Monday for New Year’s Eve and Tuesday for New Year’s Day. In the meantime, Mr Houdeshell became sick with what he thought was the flu, but it was actually diabetic ketoacidosis. The 36-year-old was found dead in his apartment after not showing up for work. After his death, Mr Houdeshell’s family began advocating for emergency prescription refill legislation across the United States. Since they began advocating, over 15 states have passed such laws, many named “Kevin’s Law” in Mr Houdeshell’s memory. The laws vary by state—some only allow a limited number of drugs, such as insulin, to be dispensed. Other states have expanded the law to include inhalers, EpiPens, hypertension medications, blood thinners, and other maintenance medications for chronic illnesses, while excluding opioids or controlled substances.

Many states limit the frequency of emergency refills to once per year, but Ohio’s recent passage of HB 37 seeks to change that by increasing the number of emergency refills without a prescription from one to three per calendar year. HB 37 also specifies that the patient’s insurance will cover the emergency refill as if it were part of the benefit plan, for up to three emergency refills per year. The Bill now advances to the Ohio Senate.

Ann W. Latner, JD, is a freelance writer and attorney based in New York. She was formerly Director of Periodicals at the American Pharmacists Association.

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