Surplus medication.

WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0194

ENROLLED ACT NO. 94, HOUSE OF REPRESENTATIVES

FIFTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2005 GENERAL SESSION

AN ACT relating to pharmaceutical drugs; directing the department of health to establish a program for the donation and dispensing of drugs as specified; providing definitions; providing rulemaking authority; providing an appropriation; authorizing a part-time position; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 35
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7
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1601 through 35
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7
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1606 are created to read:

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1601.

Short title.

This act shall be known and may be cited as the "Drug Donation Program Act".

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1602.

Definitions.

(a)

For purposes of this act:

(i)

"Prescription drug" means
a pharmaceutical drug which is required by any applicable federal or state law to be dispensed only pursuant to a health care provider's prescription; and

(ii)

"Health care facility" means as defined in W.S. 35
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2
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901(a)(x) and that is additionally authorized to maintain an inventory of pharmaceutical drugs for dispensing to the facility's patients or residents.

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1603.

Drug donation program established; minimum requirements.

(a)

The department shall establish pursuant to its rules and regulations a voluntary drug donation program which allows designated providers to accept and dispense donated medications to Wyoming residents.

(b)

The drug donation program shall have the following features:

(i)

Any person or entity, including but not limited to a drug manufacturer, physician or health care facility, may donate drugs to the drug donation program;

(ii)

Drugs may be donated at a physician's office, a pharmacy or health care facility that elects to participate in the program and meets criteria established by the department;

(iii)

Drugs shall be accepted or dispensed under the drug donation program only if they are in their original, unopened, sealed packaging or, if the outside packaging is opened, the contents are single unit doses that are individually contained in unopened, tamper evident packaging;

(iv)

A drug shall not be accepted or dispensed if it bears an expiration date that is earlier than six months after the date the drug was donated or the drug appears to be adulterated or misbranded in any way;

(v)

Drugs in the donation program may be dispensed under the Medical Assistance and Services Act.

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1604.

Program participants.

(a)

A physician, pharmacy or health care facility that accepts donated drugs under the drug donation program shall comply with all applicable provisions of state and federal law relating to the storage, distribution and dispensing of such drugs and shall inspect all donated drugs prior to dispensing to determine if they appear to be adulterated or misbranded in any way.

(b)

Donated drugs may be distributed to another participating physician, pharmacy or health care facility for dispensing.

(c)

Donated drugs shall only be dispensed to a patient pursuant to prescription as required by law.

(d)

A physician, pharmacy or health care facility may charge a handling fee for distributing or dispensing drugs under the drug donation program, as established by department rules and regulations, but shall not otherwise resell or charge for donated drugs.

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1605.

Participant immunity.

(a)

Any person who exercises reasonable care in donating, accepting, distributing or dispensing drugs under this act shall be immune from civil or criminal liability or professional disciplinary action of any kind for any related injury, death or loss.

(b)

The immunity provided by this section shall not decrease or increase the civil or criminal liability of a drug manufacturer, distributor or dispenser that would have existed but for the donation.

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1606.

Rules and regulations; agency cooperation.

(a)

The department, in cooperation with the Wyoming board of pharmacy, shall promulgate rules and regulations implementing the drug donation program established by this act. Initial rules shall be promulgated within ninety (90) days after the effective date of this act and shall include:

(i)

Eligibility criteria and other standards and procedures for participating physicians and health care facilities;

(ii)

Necessary forms for administration of the drug donation program, including forms for persons donating, accepting, distributing or dispensing drugs under the program;

(iii)

Maximum handling fees;

(iv)

Categories of drugs that the program will and will not accept.

Section 2.
For the purposes of this act, twenty-three thousand two hundred dollars ($23,200.00) is appropriated from the general fund to the department of health and one (1) additional part-time position is authorized for the department of health.

Section 3.

This act is effective July 1, 2005.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

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