AB 969

Under current law, the Department of Health Services is required to maintain a drug repository program under which persons may donate drugs or supplies for use by other eligible individuals. This bill makes various changes to the drug repository program.

Under current law, a pharmacy or medical facility may accept and dispense donated drugs. Under the bill, any person that is licensed or permitted to possess a drug in the state in which the person is located may accept and dispense donated drugs in Wisconsin. The bill allows out-of-state persons to donate to the drug repository program in Wisconsin and allows persons in Wisconsin to donate to drug repository programs in other states. The bill also specifies that drugs that may be donated under the program include prescription, nonprescription, and investigational drugs.

In addition, under current law, DHS must promulgate rules relating to eligibility to receive drugs or supplies donated under the drug repository program; the maximum amount that an individual may be charged to receive a donated drug or supply; and standards and procedures for accepting, storing, dispensing, and inspecting donated drugs or supplies. The bill eliminates these rulemaking requirements and instead imposes those provisions in statute. Specifically, the bill provides that a patient is eligible to receive a donated drug or supply if the patient is indigent, uninsured, underinsured, or enrolled in a public health benefits program, or, if no need for the drug or supply was identified among patients who meet those qualifications, any patient is eligible to receive the drug or supply. The bill allows a for-profit entity to charge a patient who receives a donated drug or supply a handling fee in an amount that does not exceed the for-profit entity’s cost of providing the drug or supply; the bill expressly provides that no other limitation may be imposed on the amount that a patient may be charged for a donated drug or supply. The bill also imposes various requirements for storage, packaging, labeling, and recordkeeping for drugs and supplies donated under the drug repository program.