(a) Notwithstanding any other provision of law to the contrary, when a pharmacist becomes aware that a healthcare practitioner authorized to prescribe by the law of this state has died, a prescription issued by the practitioner may continue to be dispensed based on the pharmacist's professional judgment and in accordance with the following requirements:
(1) If the prescription is a new prescription that has not been previously dispensed, it may be dispensed within ninety (90) days of the date on which the practitioner has died;
(2) If the prescription has been previously dispensed and has valid authorization to be refilled, the refills may be dispensed but not for a period of more than ninety (90) days from the date on which the practitioner died for Schedule III, IV and V drugs and one hundred eighty (180) days from the date on which the practitioner died for non-scheduled drugs; and
(3) Nothing in this section shall authorize the dispensing of a prescription that was issued for a controlled substance unless permitted by the federal Controlled Substances Act and regulations of the federal drug enforcement administration.
(b) These provisions shall not apply to a schedule II controlled substance.
Acts 2010, ch. 767, § 1.