§328B-2 - Return-for-credit-and-reuse of prescription drugs.
[§328B-2] Return-for-credit-and-reuse of prescription drugs. (a) Previously dispensed prescription drugs may be returned to the dispensing pharmacy for credit to the payer and subsequent reuse as provided by this chapter; provided that:
(1) The prescription drug:
(A) Is in its original dispensed, unopened, untampered multiple dose container or unopened, untampered single user unit;
(B) Has remained at all times under the control or direction of a person in the institutional facility or the pharmacy trained and knowledgeable in the storage of drugs, including periods in transit by any carrier for hire or person or entity hired solely to transport prescription drugs;
(C) Is not adulterated or misbranded;
(D) Has been stored under conditions meeting United States Pharmacopoeia standards;
(E) Is returned and redispensed or redistributed before the expiration date or use by date on the multiple dose container or single user unit;
(F) Has not been in the possession of an individual member of the public;
(G) Is not included within the classification of controlled substances, as defined in applicable federal and state laws; and
(H) Is first offered for donation to a drug repository entity pursuant to chapter 328C for local distribution for needy persons;
(2) Appropriate credits and handling fees are applied;
(3) Appropriate recordkeeping provides for documentation of receipt, transfer, and credit;
(4) The prescription drugs are returned only to the original dispensing pharmacy; and
(5) Prescription drugs from individual members of the public are not accepted for reuse.
(b) Prescription drugs are not appropriate for return-for-credit-and-reuse and shall not be returned for credit under this chapter under conditions which include but are not limited to the following:
(1) Product valuation is less than the handling fee;
(2) Market demand makes reuse implausible by the expiration date or use by date;
(3) The product prescription number or patient identifier is not discernable, therefore credit to the payer is not possible; or
(4) The prescription drugs are in containers that do not have a tamperproof seal demonstrating that it has never before been opened.
(c) Prescription drugs that are not returnable for credit may be donated as provided in chapter 328C. [L 2004, c 190, pt of §2]