54-1762. LEGEND DRUG DONATION. (1) Legend drugs may be transferred from a qualified donor to a donation repository for donation to medically indigent patients.

(2) Qualified donors may distribute legend drugs in accordance with the following requirements:

(a) Drugs donated by an individual member of the public must be in the manufacturer’s original sealed packaging, including those packaged in single unit doses when the outside packaging is open and the single unit dose packaging is intact; and

(b) Drugs donated by an entity that is a qualified donor must meet either of the following conditions:

(i) The drugs are in the manufacturer’s original sealed packaging, including those packaged in single unit doses when the outside packaging is open and the single unit dose packaging is intact; or

(ii) The drugs are opened or unsealed but have remained under the control and storage of the qualified donor.

(3) Donation repositories may accept drugs in accordance with the following specifications:

(a) Only drugs that bear a clear and verifiable lot number and expiration date may be accepted and dispensed. Drugs bearing an expiration date fewer than three (3) months from the date the drug is donated shall not be accepted and shall not be dispensed;

(b) Drugs and other substances provided in schedules II through V of article II, chapter 27, title 37, Idaho Code, shall not be accepted and shall not be dispensed; and

(c) A drug shall not be accepted or dispensed if the person accepting or dispensing the drug has reason to believe that the drug has been adulterated.

(4) Any donation repository dispensing legend drugs shall:

(a) Comply with all applicable federal and state laws related to the storage and distribution of drugs;

(b) Inspect all drugs prior to dispensing to determine that such drugs have not been adulterated;

(c) Dispense drugs pursuant only to a valid prescription; and

(d) Separate donated drugs from the donation repository’s normal drug stock. Donated drugs may not be resold.

(5) Nothing in this section shall require any person or entity to donate legend drugs, dispense donated legend drugs, transfer legend drugs for donation, or accept donated legend drugs.

(6) Nothing in this section shall prohibit or restrict the return of unused prescription drugs to the Idaho medicaid program pursuant to rules promulgated by the Idaho department of health and welfare.

History:

[54-1762, added 2019, ch. 82, sec. 4, p. 197.]