PROFESSIONS, VOCATIONS, AND BUSINESSES
54-1762. Idaho legend Drug Donation Act. (1) The board of pharmacy shall establish and implement a program through which legend drugs may be transferred from a nursing home that elects to participate in the program for the purpose of distribution to a qualifying charitable clinic or center for donation to qualifying medically indigent patients.
(2) A qualifying charitable clinic or center shall establish procedures consistent with the Idaho legend drug donation act and rules promulgated thereunder.
(3) The acceptance and distribution of legend drugs for use in the program shall be subject to the following requirements:
(a) Donated drugs shall be in the manufacturer's original, sealed and tamper evident packaging, including drugs packaged in single unit doses when the outside packaging is open and the single unit dose packaging is intact. Drugs that have been previously dispensed by a pharmacy in unit dose packaging may be donated provided that the packaging is sealed, tamper evident and properly labeled.
(b) Only drugs that bear a clear and verifiable lot number and expiration date may be accepted and dispensed. However, drugs that bear an expiration date that is less than three (3) months from the date the drug is donated shall not be accepted and dispensed.
(c) Drugs and other substances provided in schedules II through V of article II, chapter 27, title 37, Idaho Code, shall not be accepted and shall not be dispensed.
(d) A drug shall not be accepted or dispensed if the person accepting or dispensing the drug has reason to believe that the drug has been adulterated.
(4) The following entities that are licensed or registered in the state of Idaho may donate legend drugs to a qualifying charitable clinic or center:
(b) Hospitals and nursing homes;
(c) Drug manufacturers; and
(d) Wholesale distributors.
(5) The following entities may accept legend drugs:
(a) A qualifying charitable clinic's or center's pharmacy; or
(b) A qualifying charitable clinic or center in consultation with a pharmacist licensed in the state of Idaho.
(6) Any qualifying charitable clinic or center that participates in the program may dispense drugs donated under the Idaho legend drug donation act to persons who are medically indigent residents of the state of Idaho.
(7) Any qualifying charitable clinic or center dispensing legend drugs shall:
(a) Comply with the provisions of the Idaho legend drug donation act and all rules promulgated thereunder;
(b) Comply with all applicable federal and state laws related to the storage and distribution of drugs;
(c) Inspect all drugs prior to dispensing to determine that such drugs have not been adulterated; and
(d) Dispense drugs only pursuant to a valid prescription.
(8) Participation in the program is voluntary and nothing in the Idaho legend drug donation act shall require any person or entity to participate in the program.
(9) Nothing in the Idaho legend drug donation act shall prohibit or restrict the return of unused prescription drugs to the Idaho medicaid program pursuant to rules promulgated by the Idaho department of health and welfare.