§ 23-25.6-5. Redistribution of donated medications.
(a) A redistributor may dispense prescription drugs to eligible persons as long as they abide by the provisions of this chapter.
(b) A redistributor may repackage drugs prior to redistribution. Repackaged drugs shall be labeled thoroughly and labels shall include the drug name, expiration date, and kept separately from other drugs until brought up for inspection. If multiple drugs are packaged together, the closest expiration date shall be used pursuant to the requirements contained in § 23-25.6-4(b).
(c) A redistributor’s compensation from an institution will not constitute the resale of drugs. The distributor shall make a record of that charge and provide it upon request to the supervising government agency. This sale price shall reflect an incentive to offer the drugs at a price that is affordable and reasonable for people who do not have the means to pay for the drugs at market price. The price incurred by the patient shall not exceed the usual and customary dispensing fee determined by the this state’s Medicaid program.
(d) Donated drugs that cannot be utilized by the redistributor shall be destroyed through lawful methods, or transferred to a returns processor. Redistributors shall keep a record of disposed drugs, the quantity of drug, its name, and strength.
(e) An authorized redistributor of drugs shall store the drugs legally, separate from other non-donated drugs, and shall meet the requirements of the United States Pharmacopoeia (USP) standards. The drugs shall be stored in a way that does not impair the quality and safety of the drug. The drug shall be stored legally according to the methods described in this chapter. The facilities and storage shall be subject to investigation and approval from the department of health or a third party approved by the department of health. All records required pursuant to the provisions of this chapter shall be retained in physical or electronic format for a period of two (2) years. The drugs shall be labeled properly with a serial number or other effective label. Redistributors shall keep records by either electronic or non-electronic means for the full two (2) years.
History of Section.
P.L. 2022, ch. 402, § 1, effective June 30, 2022; P.L. 2022, ch. 403, § 1, effective
June 30, 2022.