CHAPTER 152
HB 1681-FN – FINAL VERSION
22Feb2006… 0793h
04/20/06 1744s
2006 SESSION
01/04
HOUSE BILL 1681-FN
AN ACT establishing the unused prescription drug program.
SPONSORS: Rep. Pepino, Hills 11; Rep. Hunter, Hills 7; Rep. Lund, Rock 5; Rep. Beaulieu, Hills 17; Sen. Barnes, Dist 17; Sen. Kenney, Dist 3; Sen. Green, Dist 6; Sen. Fuller Clark, Dist 24; Sen. Martel, Dist 18
COMMITTEE: Health, Human Services and Elderly Affairs
This bill establishes the unused prescription drug program under which unused prescription drugs are accepted and dispensed to uninsured or underinsured persons. Under this bill, persons licensed to dispense drugs and certain other licensed entities may collect, relabel, and redispense donated prescription drugs and medical devices. Controlled drugs are exempted from the provisions of the bill. The New Hampshire pharmacy board is granted rulemaking authority for the purposes of the bill.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22Feb2006… 0793h
04/20/06 1744s
06-2086
01/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT establishing the unused prescription drug program.
Be it Enacted by the Senate and House of Representatives in General Court convened:
152:1 New Subdivision; Unused Prescription Drug Program. Amend RSA 318 by inserting after section 55 the following new subdivision:
Unused Prescription Drug Program
318:56 Unused Prescription Drug Program Established. There is established the unused prescription drug program for the purpose of allowing the donation of unused prescription drugs and medical devices to uninsured or underinsured individuals. The program shall be administered by the New Hampshire pharmacy board.
318:57 Definitions. In this subdivision:
I. “Board” means the New Hampshire pharmacy board.
II. “Medical device” means an instrument, apparatus, implement, machine, or similar article, or any attachment or component part thereof, that has been prescribed by a physician or other authorized health care practitioner.
III. “Patient” means a person to whom a drug or a medical device has been prescribed, that patient’s authorized representative, or the executor or administrator of the patient’s estate.
IV. “Prescription drug” means a drug as defined in RSA 318:1, XVII, excluding any controlled drug as defined in RSA 318-B:1, VI.
V. “Program” means the unused prescription drug program.
318:58 Donating, Accepting, and Redispensing Unused Drugs.
I. Any patient, or other person licensed pursuant to RSA 318:42, II and acting on behalf of the patient, may donate unused prescription drugs and medical devices to the program.
II. Any person authorized to dispense prescription drugs and medical devices pursuant to RSA 318 or other law may redispense such drugs and devices for the purposes of the program.
III. The following facilities and services may accept donations of unused prescription drugs and medical devices for the program:
(a) Any pharmacy as defined in RSA 318:1, XI;
(b) Any hospital, nursing home, hospice, or outpatient clinic licensed pursuant to RSA 151;
(c) New Hampshire hospital, Glencliff home for the elderly, New Hampshire veterans home, and the state and county correctional facilities; and
(d) Any licensed prescriber of prescription drugs pursuant to RSA 318:42, II.
IV. The following prescription drugs and medical devices may be accepted and redispensed through the program; provided, that they have not been in the possession of the patient or other member of the public:
(a) Unused prescription drugs that have not reached their expiration date, are contained in unopened unit dose or other tamper-evident packaging, and show no evidence of contamination; and
(b) Medical devices that have not been opened or adulterated.
V. Unused prescription drugs and medical devices may not be resold, but the facility or service redispensing such drug or device may charge a handling fee for the service not to exceed $15.
VI. A facility or service may redispense unused prescription drugs and medical devices under the program to uninsured or underinsured persons as defined by the board, but redispensing to other patients is permitted if no uninsured or underinsured person is available.
318:59 Rulemaking. The board shall adopt rules, pursuant to RSA 541-A, for the program relative to:
I. Standards and procedures for the donation, acceptance, storage, and redispensing of unused prescription drugs and medical devices.
II. Eligibility of individuals to receive unused drugs.
III. The maximum allowable handling fee for redispensing drugs and devices.
IV. Content and format of all forms required under this subdivision.
318:60 Limited Immunity. Accepting or dispensing of a prescription drug manufactured by the prescription drug manufacturer that is donated by any entity pursuant to this subdivision shall not subject a prescription drug manufacturer to criminal or civil liability for injury, death, or loss to person or property for failure to transfer or communicate product or consumer information or the expiration date of the donated prescription drug, or for damages related to improper storage of the donated prescription drug or use after the expiration date. Except as provided in this section, nothing in this subdivision shall in any way limit liability that would have existed under the original prescription.
152:2 Effective Date. This act shall take effect 60 days after its passage.
Approved: May 22, 2006
Effective: July 21, 2006