SB 198

Under current law, the Department of Health Services administers a drug

repository program under which people may donate certain drugs and supplies to a

medical facility or pharmacy and the medical facility or pharmacy may dispense the

drugs and supplies or distribute them to another medical facility or pharmacy for

dispensing. Only drugs for the treatment of cancer or a chronic disease, or supplies

used to administer such drugs, may be accepted and dispensed under the program.

Program requirements include that drugs and supplies are in their original,

unopened packaging; that the drugs or supplies are inspected by a pharmacist; that

the expiration date of the drugs is at least six months after the donation date; and

that the drugs or supplies are prescribed for a person and dispensed by a pharmacist.

Uninsured or indigent people have priority in obtaining drugs and supplies under

the program. A medical facility or pharmacy may charge a handling fee for the drugs,

but may not resell them. Finally, current law provides immunity from criminal and

civil liability to drug manufacturers and provides immunity from civil liability to

other people participating in the program.

This bill provides that any drug, with certain exceptions, and supplies to

administer drugs may be donated and dispensed under the drug repository program.

The exceptions provide that controlled substances and drugs for which the U.S. Food

and Drug Administration requires that a patient using the drug be enrolled in a

registry may not be donated or dispensed under the program. The bill also changes

the drug expiration date requirement for the program so that drugs with an

expiration date that is at least 90 days after the date of donation may be donated and

dispensed under the program. And, the bill provides that a practitioner, which is

defined as a person licensed to prescribe and administer drugs, may dispense

prescription drugs under the program.