196.979. Donation of prescription drugs to the program, procedure--distribution to out-of-state charitable repositories, when. - Missouri Statutes

Donation of prescription drugs to the program, procedure--distributionto out-of-state charitable repositories, when.

196.979. 1. Any person, including but not limited to a prescriptiondrug manufacturer or health care facility, may donate prescription drugs tothe prescription drug repository program. The drugs shall be donated at apharmacy, hospital, or nonprofit clinic that elects to participate in theprescription drug repository program and meets the criteria forparticipation established by rule of the department pursuant to section196.984. Participation in the program by pharmacies, hospitals, andnonprofit clinics shall be voluntary. Nothing in sections 196.970 to196.984 shall require any pharmacy, hospital, or nonprofit clinic toparticipate in the program.

2. A pharmacy, hospital, or nonprofit clinic which meets theeligibility requirements established in section 196.984 may dispenseprescription drugs donated under the program to persons who are residentsof Missouri and who meet the eligibility requirements of the program, or toother governmental entities and nonprofit private entities to be dispensedto persons who meet the eligibility requirements of the program. Aprescription drug shall be dispensed only pursuant to a prescription issuedby a health care professional who is authorized by statute to prescribedrugs. A pharmacy, hospital, or nonprofit clinic which accepts donatedprescription drugs shall comply with all applicable federal and state lawsdealing with the storage and distribution of dangerous drugs and shallinspect all prescription drugs prior to dispensing the prescription drugsto determine that they are not adulterated as described in section 196.095.The pharmacy, hospital, or nonprofit clinic may charge persons receivingdonated prescription drugs a handling fee, not to exceed a maximum of twohundred percent of the Medicaid dispensing fee, established by rule of thedepartment promulgated pursuant to section 196.984. Prescription drugsdonated to the program shall not be resold. Any individual who knowinglyresells any donated prescription drugs pursuant to sections 196.970 to196.984 shall be guilty of a class D felony.

3. Drugs donated under this section that are not used or accepted byany pharmacy, hospital, or nonprofit clinic in this state may bedistributed to out-of-state charitable repositories for use outside of thisstate. Such donated drugs may be repackaged in a manner appropriate fordistribution by participating pharmacies, hospitals, and nonprofit clinics.

(L. 2004 S.B. 1160, A.L. 2006 H.B. 1687)