Chapter 315

2007 -- H 5850 SUBSTITUTE A

Enacted 07/07/07

A N A C T

RELATING TO HEALTH AND SAFETY - UTILIZATION OF UNUSED PRESCRIPTION DRUGS ACT

Introduced By: Representatives Sullivan, O`Neill, Jackson, Costantino, and Corvese

Date Introduced: March 01, 2007

It is enacted by the General Assembly as follows:

     SECTION 1. Section 23-25.4-4 of the General Laws in Chapter 23-25.4 entitled

"Utilization of Unused Prescription Drugs Act" is hereby amended to read as follows:

23-25.4-4. Program established. -- (a) The department of health and the board of

pharmacy shall jointly develop and implement a pilot program consistent with public health and

safety through which unused prescription drugs, other than prescription drugs defined as

controlled substances in section 21-28-1.02, may be transferred from nursing facilities, or assisted

living residences, residential care facilities or community health organizations that centrally store

prescription drugs and are licensed at the M1 licensure level by the department of health to

charitable clinics for the purpose of re-dispensing the medication to Rhode Island residents who

are medically indigent.

      (b) The pilot program shall conform to the requirements established in rules promulgated

by the state department of health and the board of pharmacy. The pilot program shall remain in

effect until January 1, 2007 2009.

      (c) The state department of health and the board of pharmacy shall review and evaluate

the pilot program and shall submit a report and any recommendations to the governor, the speaker

of the house of representatives, and the president of the senate on or before January 1, 2007 2009.

      (d) Beginning January 1, 2006 April 1, 2007, the department of health and the board of

pharmacy shall implement statewide a program consistent with public health and safety through

which unused prescription drugs, other than prescription drugs defined as controlled substances in

section 21-28-1.02, may be transferred from nursing facilities or assisted living residences to

charitable clinics for the purpose of re-dispensing the unused prescription drugs.

      (e) The department of health and the board of pharmacy shall promulgate rules and

establish procedures necessary to implement the program established pursuant to this chapter.

      (f) The board of pharmacy shall provide technical assistance to entities who may wish to

participate in the program.

(g) The department of health shall be required to provide written notification to all

eligible nursing homes, assisted living facilities, residential care facilities and community health

organizations and to post a sign clearly and conspicuously in each facility to notify its residents of

the program.

     SECTION 2. Chapter 23-25.4 of the General Laws entitled "Utilization of Unused

Prescription Drugs Act" is hereby amended by adding thereto the following section:

23-25.4-9. Establishment of oversight commission on utilization of unused

prescription drugs -- Membership. – (a) There is hereby established a commission on the

utilization of prescription drugs to oversee the development and implementation of the pilot

program for the utilization of unused prescription drugs as established pursuant to this chapter.

(b) The commission shall consist of five (5) members to be appointed by the speaker of

the house, not more than three (3) from the same political party. Any vacancy on the

commission, occurring for any reason prior to the expiration of the term, shall be filled for the

unexpired term by the appointing authority in the same manner as the original appointment.

     SECTION 3. This act shall take effect upon passage.

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LC02346/SUB A/2

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