HB 1184 – FINAL VERSION
HOUSE BILL 1184
This bill allows for the temporary storage of prescriptions in the unused prescription drug program, requires participants to be informed of the redispensing, sets a date for the adoption of rules by the pharmacy board, and expands the limited immunity for persons and facilities participating in the program.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to the administration of the unused prescription drug program.
Be it Enacted by the Senate and House of Representatives in General Court convened:
89:1 New Paragraph; Unused Prescription Drug Program; Temporary Storage. Amend RSA 318:58 by inserting after paragraph III the following new paragraph:
III-a. Any facility authorized to accept prescription drugs and devices for the program may temporarily store the drugs and devices appropriately but separately from the usual storage of such drugs and devices for the sole purpose of redispensing to individuals as provided in this section.
89:2 New Paragraph; Unused Prescription Drug Program; Participation. Amend RSA 318:58 by inserting after paragraph VI the following new paragraph:
VII. Participation in the program shall be voluntary and individuals in the program shall be informed that the prescription drugs and medical devices have been redispensed.
89:3 Rulemaking; Pharmacy Board; Date Added. Amend the introductory paragraph of RSA 318:59 to read as follows:
318:59 Rulemaking. The board shall, not later than December 31, 2010, adopt rules, pursuant to RSA 541-A, for the program relative to:
89:4 Unused Prescription Drug Program; Immunity. Amend RSA 318:60 to read as follows:
318:60 Limited Immunity.
I. 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.
II. Pharmacies, pharmacists, and other persons or entities acting in good faith, participating in the unused prescription drug program, and students and faculty of medical and pharmacy education institutions, with respect to the duties they perform as part of the program, shall not be subject to criminal or civil liability for injury, death, or loss to person or property for damages related to improper storage of the donated prescription drug or use after the expiration date, provided they comply with rules adopted by the board.
89:5 Effective Date. This act shall take effect 60 days after its passage.
Approved: May 25, 2010
Effective Date: July 24, 2010