Emergency prescription refills by state, 2026
Verified against each state's statute or board rule: October 2026
Short answer
In most states, a pharmacist can give you a short emergency supply of a maintenance medicine when your prescription has run out and the prescriber cannot be reached. Depending on the state it ranges from 72 hours to 30 days or more, insulin often has its own rule, and Schedule II drugs are almost always excluded. This page covers the 21 states whose rules we have verified against the official law so far.
Emergency refill rules in verified states
The states below are Alabama, Arizona, California, Colorado, Florida, Georgia, Illinois, Kentucky, Maine, Michigan, Minnesota, Missouri, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Texas, Virginia, Washington and Wisconsin. Each row comes from that state's guide, which quotes the rule and links to the statute or board rule. We are verifying the remaining states against their official codes before adding them.
- AlabamaUp to 72 hours, or the smallest package; once a yearNo separate insulin rule, but the smallest-package allowance lets a pharmacist dispense a full insulin package.No separate rule
- ArizonaUp to 7 days, once; 30 days for prepackaged medicinesCovered by the 30-day allowance for prepackaged medicines.In a declared emergency, a one-time refill of up to 30 days, with one more if the emergency lasts 21 days or longer.
- CaliforniaNo set limit; the pharmacist decidesNo separate ruleIn a declared federal, state or local emergency, pharmacists may furnish medicines in reasonable quantities without a prescription.
- ColoradoUp to 72 hoursColorado residents can get one emergency 30-day supply of insulin in a 12-month period, with the pharmacy charge capped at 35 dollars, by completing an application at the pharmacy.No separate rule
- FloridaUp to 72 hours, onceInsulin and insulin supplies or equipment can be refilled in an emergency up to three nonconsecutive times a calendar year, since July 2024.Under a governor’s emergency order, up to a 30-day supply in affected areas, excluding Schedule II.
- GeorgiaUp to 72 hoursNo separate ruleWhen the governor declares a state of emergency or the National Weather Service issues a hurricane warning, up to a 30-day supply in the affected area, excluding Schedule II, with the prescriber notified within 48 hours.
- IllinoisUp to 30 daysNo separate ruleNo separate rule
- KentuckyUp to 72 hours, or one packageCovered by the standard-package allowance.Under a governor’s executive order, up to a 30-day supply of non-controlled medicines.
- MaineInsulin only, at least 30 daysAt least a 30-day emergency supply of insulin and related supplies.No separate rule
- MichiganInsulin only, up to 30 daysUp to a 30-day supply, up to three times a calendar year.No separate rule
- MinnesotaUp to 30 days, once a yearUnder the Alec Smith Insulin Affordability Act, residents with less than a 7-day supply can get an urgent 30-day supply of insulin for a capped copay, generally once a year.No separate rule
- MissouriUp to 7 daysNo separate rule, and because most insulin packages hold more than 7 days, the general rule rarely covers insulin.No separate rule
- New JerseyUp to 72 hoursNo separate ruleNo separate rule
- New YorkInsulin only, up to 30 daysUp to a 30-day emergency supply of insulin and related supplies.No separate rule
- North CarolinaUp to 90 days, only if the prescriber cannot practiceNo separate ruleNo separate rule
- OhioUp to 30 days, up to three times a yearCovered by the general rule; a single standard package can be dispensed if it holds more than 30 days.No separate rule
- PennsylvaniaUp to 72 hours, once; up to 30 days if not packaged smallerCovered by the 30-day allowance for medicines not dispensed in a 72-hour amount, such as insulin.No separate rule
- TexasUp to 72 hoursEmergency insulin up to a 30-day supply, and insulin supplies up to 30 days or the smallest package.After a governor’s disaster declaration and notice from the board, up to a 30-day supply, excluding Schedule II.
- VirginiaNo set limit; the pharmacist decidesInsulin is expressly included in the general rule.No separate rule
- WashingtonUp to 30 days, once in six monthsNo separate ruleDuring a governor’s emergency proclamation, up to 30 days of non-controlled medicines or 7 days of Schedule III to V medicines.
- WisconsinUp to 7 days, or the smallest packageCovered by the smallest-package allowance.No separate rule
| State | Everyday emergency supply | Insulin and special rules | In a declared disaster |
|---|---|---|---|
| Alabama | Up to 72 hours, or the smallest package; once a year | No separate insulin rule, but the smallest-package allowance lets a pharmacist dispense a full insulin package. | No separate rule |
| Arizona | Up to 7 days, once; 30 days for prepackaged medicines | Covered by the 30-day allowance for prepackaged medicines. | In a declared emergency, a one-time refill of up to 30 days, with one more if the emergency lasts 21 days or longer. |
| California | No set limit; the pharmacist decides | No separate rule | In a declared federal, state or local emergency, pharmacists may furnish medicines in reasonable quantities without a prescription. |
| Colorado | Up to 72 hours | Colorado residents can get one emergency 30-day supply of insulin in a 12-month period, with the pharmacy charge capped at 35 dollars, by completing an application at the pharmacy. | No separate rule |
| Florida | Up to 72 hours, once | Insulin and insulin supplies or equipment can be refilled in an emergency up to three nonconsecutive times a calendar year, since July 2024. | Under a governor’s emergency order, up to a 30-day supply in affected areas, excluding Schedule II. |
| Georgia | Up to 72 hours | No separate rule | When the governor declares a state of emergency or the National Weather Service issues a hurricane warning, up to a 30-day supply in the affected area, excluding Schedule II, with the prescriber notified within 48 hours. |
| Illinois | Up to 30 days | No separate rule | No separate rule |
| Kentucky | Up to 72 hours, or one package | Covered by the standard-package allowance. | Under a governor’s executive order, up to a 30-day supply of non-controlled medicines. |
| Maine | Insulin only, at least 30 days | At least a 30-day emergency supply of insulin and related supplies. | No separate rule |
| Michigan | Insulin only, up to 30 days | Up to a 30-day supply, up to three times a calendar year. | No separate rule |
| Minnesota | Up to 30 days, once a year | Under the Alec Smith Insulin Affordability Act, residents with less than a 7-day supply can get an urgent 30-day supply of insulin for a capped copay, generally once a year. | No separate rule |
| Missouri | Up to 7 days | No separate rule, and because most insulin packages hold more than 7 days, the general rule rarely covers insulin. | No separate rule |
| New Jersey | Up to 72 hours | No separate rule | No separate rule |
| New York | Insulin only, up to 30 days | Up to a 30-day emergency supply of insulin and related supplies. | No separate rule |
| North Carolina | Up to 90 days, only if the prescriber cannot practice | No separate rule | No separate rule |
| Ohio | Up to 30 days, up to three times a year | Covered by the general rule; a single standard package can be dispensed if it holds more than 30 days. | No separate rule |
| Pennsylvania | Up to 72 hours, once; up to 30 days if not packaged smaller | Covered by the 30-day allowance for medicines not dispensed in a 72-hour amount, such as insulin. | No separate rule |
| Texas | Up to 72 hours | Emergency insulin up to a 30-day supply, and insulin supplies up to 30 days or the smallest package. | After a governor’s disaster declaration and notice from the board, up to a 30-day supply, excluding Schedule II. |
| Virginia | No set limit; the pharmacist decides | Insulin is expressly included in the general rule. | No separate rule |
| Washington | Up to 30 days, once in six months | No separate rule | During a governor’s emergency proclamation, up to 30 days of non-controlled medicines or 7 days of Schedule III to V medicines. |
| Wisconsin | Up to 7 days, or the smallest package | Covered by the smallest-package allowance. | No separate rule |
How emergency refills work
Emergency refill rules let a pharmacist bridge a gap when your prescription has run out and your prescriber cannot be reached, for example at a weekend or after a practice closes. Most states require that the pharmacy has a record of your prescription, that the medicine is one you take for an ongoing condition, and that going without it could harm you. The pharmacist decides whether to use the rule, records it, and tells your prescriber.
These rules are permissive: a pharmacist may provide an emergency supply but does not have to, and some pharmacies have their own policies. The supply also does not replace your prescription; you still need your prescriber to authorize future refills.
Kevin’s Law
Many of the broader rules trace back to Kevin Houdeshell of Ohio, who could not get his insulin refilled over the New Year holiday because his prescriber could not be reached, and died in January 2014. Ohio passed Kevin’s Law in 2015, allowing up to a 30-day emergency supply, and other states have since followed. Our guide to emergency insulin and Kevin’s Law explains your options if you run out of insulin.
Controlled substances
Schedule II medicines, such as most ADHD stimulants and strong opioids, are excluded almost everywhere. States differ on Schedule III to V medicines: some exclude all controlled substances, while Ohio allows up to 72 hours. Federal controlled-substance rules apply on top of state law.
Will insurance pay for an emergency supply?
Ohio, Minnesota and Michigan require insurers to cover emergency supplies; elsewhere coverage depends on your plan, and you may be asked to pay cash. If you pay cash, the pharmacy’s price applies, so it can be worth asking before the supply is dispensed.
If you are about to run out
- Call your pharmacy before you run out and ask whether an emergency supply is possible under your state’s rule.
- Bring or describe your current prescription label, with the pharmacy and prescription number.
- Try your prescriber’s after-hours line, or a telehealth service, for a new prescription sent to your pharmacy.
- For medicines where a gap is dangerous, such as insulin or seizure medicines, go to urgent care or an emergency department if you cannot get a supply.
If your state is not listed yet
Most states have some emergency refill provision, and a few have none. Until your state is added here, ask your pharmacist, check your state’s pharmacy rules guide, or contact your state board of pharmacy.
Frequently asked questions
Can a pharmacist refill my prescription without my doctor?
In most states, yes, in an emergency: a short supply of a maintenance medicine when the prescriber cannot be reached and going without could harm you. The amount and conditions depend on the state.
How much can a pharmacist give in an emergency?
It ranges from 72 hours in states such as Florida and Texas to up to 30 days in states such as Ohio, Illinois and Minnesota, and some states leave the amount to the pharmacist’s judgment.
Can I get an emergency refill of insulin?
Often, yes. Several states have insulin-specific rules allowing up to a 30-day supply, and package-size rules in others allow a full insulin package.
Can I get an emergency refill of a controlled substance?
Schedule II medicines are excluded almost everywhere. A few states allow a short supply of Schedule III to V medicines; most exclude all controlled substances.
Does the pharmacist have to give me an emergency supply?
No. The rules allow it but do not require it, and pharmacists use professional judgment.
Related
Sources
- Ohio Rev. Code 4729.281 (Kevin’s Law)
- Fla. Stat. 465.0275
- Tex. Occ. Code 562.054
- Each state’s guide, linked in the table, cites that state’s statute or board rule.