Establishes under the direction of the state board of pharmacy a drug repository program

Title of bill

An act to amend the education law, in relation to establishing under the direction of the state board of pharmacy a drug repository program to accept and dispense donated prescription drugs

Purpose

This bill establishes under the direction of the state Board of Pharmacy a drug repository program.

Summary of provisions

Section One adds a new section 6829 to the Education Law to establish the repository program for the purposes of accepting and dispensing donated prescription drugs to individuals who are residents of this state and meet eligibility standards established in rules and regulations adopted by the board. This section also states that only drugs in their original sealed and tamper evident unit dose packaging shall be accepted and dispensed. The packaging shall be unopened, except that drugs packaged in single unit shall be accepted and dispensed when the outside package is opened if the single unit package is undisturbed. Drugs cannot be accepted if the expiration date is less than 6 months from the date the drug is donated or if there is reason to believe it is adulterated. The language of this section also states that any person shall donate prescription drugs to the drug repository program and drugs can be donated at a pharmacy, hospital or non-profit clinic that elects to participate in the program. Participation is voluntary. The bill continues that a donated drug may only be dispensed pursuant to a prescription issued by a licensed health care professional authorized to prescribe drugs.

Finally, the bill states that in consultation with the commissioner of health, the state board of pharmacy shall adopt rules and regulations governing the drug repository program that establish the following:

* Standards and procedures for accepting, safety storing, and dispensing donated drug

* Standards and procedures for inspecting donated drugs to determine that the original unit dose package is sealed and tamper-evident and that the drugs are unadulterated, safe, and suitable for dispensing;

* Eligibility standards based on economic need for individuals to receive drugs;

* A means, such as with an identification card, by which an individual who is eligible to receive donated drugs shall demonstrate eligibility to the pharmacy, hospital, or nonprofit clinic dispensing the drugs.

Justification

The State of Ohio became the first state in the nation to establish a drug repository program. Inspired by the efforts of a resident whose wife died of cancer, at her home under the care of hospice, with more than $6,000 worth of unused prescription drugs remaining. After a three-year crusade, his vision of a program to donate unused, sealed prescription drugs to income eligible residents became a reality in Ohio. It has been estimated that millions of dollars worth of prescription drugs are thrown away. This legislation would provide a safe mechanism to provide those prescriptions to people in need.

Legislative history

2005-2006 - S.4241 2003-2004 - S.3189

Fiscal implications

None.

Local fiscal implications

None.

Effective date

One hundred twentieth day after enactment.