1. The Board shall establish and maintain the Prescription Drug Donation Program to accept, distribute and dispense prescription drugs donated to the Program.

2. Except as otherwise provided in this section, a person or governmental entity may donate any prescription drug to the Program.

3. A prescription drug may be donated to the Program at a pharmacy, medical facility, health clinic or provider of health care that participates in the Program.

4. A pharmacy, medical facility, health clinic or provider of health care that participates in the Program may charge a patient who receives a donated prescription drug a handling fee in accordance with the regulations adopted by the Board pursuant to NRS 453B.120.

5. A pharmacy, medical facility, health clinic or provider of health care that participates in the Program must establish written procedures for receiving and inspecting donated prescription drugs.

6. A prescription drug may be accepted, distributed or dispensed pursuant to the Program only if the drug:

(a) Is in its original, unopened, sealed and tamper-evident unit dose packaging or, if packaged in single-unit doses, the single-unit dose packaging is unopened;

(b) Is not adulterated or misbranded; and

(c) Bears an expiration date that is 60 days or more after the date on which the drug is donated.

7. A prescription drug donated to the Program may not be:

(a) Resold; or

(b) Designated by the donor for a specific person.

8. The provisions of this section do not require a pharmacy, medical facility, health clinic or provider of health care to participate in the Program.

9. Marijuana, as defined in NRS 453.096, or any drug that may only be dispensed to a patient registered with the manufacturer of the drug pursuant to requirements of the United States Food and Drug Administration may not be donated, accepted, distributed or dispensed pursuant to the Program.

10. A prescription drug donated to the Program that does not include a lot number shall be deemed to have been recalled if the prescription drug has the same National Drug Code assigned by the United States Food and Drug Administration as a recalled prescription drug.

(Added to NRS by 2013, 2257; A 2017, 685)