TITLE 23
Health and Safety

CHAPTER 23-25.5
The Return or Exchange of Drugs Act

SECTION 23-25.5-4


§ 23-25.5-4 Program established.

(a) The department of health and the board of pharmacy shall jointly develop and implement a program consistent with public health and safety through which unused prescription drugs, other than prescription drugs defined as controlled substances in § 21-28-1.02, and drugs that can only be dispensed to a patient registered with the drug's manufacturer in accordance with federal Food and Drug Administration requirements, may be accepted by wholesalers or pharmacies, from which they were purchased, for return from nursing facilities, assisted living residences, residential care facilities, community health organizations and state correctional facilities that centrally store prescription drugs and are licensed at the M1 licensure level by the department of health, within forty-five (45) days of dispensing.

(b) The program shall permit the wholesaler or pharmacy to which such medication is returned to repackage, restock, and redistribute such medication.

(c) The program shall include the following prescription drugs:

(1) Unopened sections of blister pack prescription medication, with seal intact;

(2) Unopened unit-dose containers of liquids with the safety seal intact;

(3) Unopened unit-dose containers of powders for oral solution with safety seal intact;

(4) Unused injectables, with safety seal intact;

(d) The unused prescription drug shall not be accepted, repackaged or redispensed if:

(1) The prescription drug is expired or beyond use date;

(2) The pharmacist accepting or redispensing the drug, in his or her judgment has reason to believe that the prescription drug is adulterated, mislabeled, or has been improperly stored;

(3) The prescription drug is defined as controlled substances in § 21-28-1.02; and

(4) It is a drug that can only be dispensed to a patient registered with the drug's manufacturer in accordance with federal Food and Drug Administration requirements.

(e) The wholesaler or pharmacy shall be required to reimburse or credit the purchaser for any such returned prescription drugs at original invoice price plus a restocking fee not to exceed five dollars ($5.00).

(f) The department and the board of pharmacy shall promulgate rules and regulations necessary to implement the program established pursuant to this chapter within one hundred eighty days (180) of passage of this act.

History of Section.
(P.L. 2013, ch. 331, § 2.)