On March 25, 2020, amid the Coronavirus (COVID-19) outbreak, Governor Whitmer signed Executive Order 2020-25 to address the critical need to pharmacy services. This Executive Order gave pharmacists the authority to dispense up to a sixty (60) day supply of emergency prescription refills to patients. This Executive Order, which took effect immediately, only applies to non-controlled substances and can only be dispensed if, “in the pharmacist’s professional judgment, failure to refill the prescription might interrupt the patient’s ongoing care and have a significant adverse effect on the patient’s well-being.” When dispensing this medication, your pharmacist must tell you that he or she is doing so pursuant to this Executive Order.
This Executive Order also requires insurers to cover these emergency prescription refills and gives pharmacists the discretion to substitute therapeutically equivalent medications without prescriber approval if there are critical shortages. The pharmacist must inform the patient of any substitution.
Pharmacists are also allowed to dispense COVID-19 treatments according to government-related protocols established by the Center for Disease Control and Prevention, National Institute of Health, or Department of Health and Human Services under this Executive Order.
We have created a response team to the rapidly changing COVID-19 situation and the law and guidance that follows, so we will continue to post any new developments. You can view our COVID-19 Response Page and additional resources by following the link here. In the meantime, if you have any questions, please contact your Fraser Trebilcock attorney.
Fraser Trebilcock Attorney Amanda S. Wolanin specializes her practice in business and tax law, bankruptcy, family law, estate planning, litigation, and real estate law. You can reach her at (517) 377-0897, or at awolanin@fraserlawfirm.com.