54.1-3411.1 - Prohibition on returns, exchanges, or re-dispensing of drugs; exceptions.
§ 54.1-3411.1. Prohibition on returns, exchanges, or re-dispensing of drugs;exceptions.
A. Drugs dispensed to persons pursuant to a prescription shall not beaccepted for return or exchange for the purpose of re-dispensing by anypharmacist or pharmacy after such drugs have been removed from the pharmacypremises from which they were dispensed except:
1. In a hospital with an on-site hospital pharmacy wherein drugs may bereturned to the pharmacy in accordance with practice standards;
2. In such cases where official compendium storage requirements are assuredand the drugs are in manufacturers' original sealed containers or in sealedindividual dose or unit dose packaging that meets official compendium class Aor B container requirements, or better, and such return or exchange isconsistent with federal law; or
3. When a dispensed drug has not been out of the possession of a deliveryagent of the pharmacy.
B. The Board of Pharmacy shall promulgate regulations to establish aPrescription Drug Donation Program for accepting unused previously dispensedprescription drugs that meet the criteria set forth in subdivision A2, forthe purpose of re-dispensing such drugs to indigent patients, either throughhospitals, or through clinics organized in whole or in part for the deliveryof health care services to the indigent. Such program shall not authorize thedonation of Schedule II-V controlled substances if so prohibited by federallaw. No drugs shall be re-dispensed unless the integrity of the drug can beassured.
C. Unused prescription drugs dispensed for use by persons eligible forcoverage under Title XIX or Title XXI of the Social Security Act, as amended,may be donated pursuant to this section unless such donation is prohibited.
D. A pharmaceutical manufacturer shall not be liable for any claim or injuryarising from the storage, donation, acceptance, transfer, or dispensing ofany drug provided to a patient, or any other activity undertaken inaccordance with a drug distribution program established pursuant to thissection.
E. Nothing in this section shall be construed to create any new or additionalliability, or to abrogate any liability that may exist, applicable to apharmaceutical manufacturer for its products separately from the storage,donation, acceptance, transfer, or dispensing of any drug provided to apatient in accordance with a drug distribution program established pursuantto this section.
(2002, c. 632; 2005, c. 68; 2008, c. 429; 2009, cc. 109, 114.)