SB 122 — EXPAND PRESCRIPTION DRUG DONATION PROGRAM

SENATEAN BILLACT 122RELATING 57THTO LEGISLATUREPRESCRIPTION -DRUGS; STATE OF NEW MEXICO - FIRST SESSION, 2025 INTRODUCED BY Elizabeth "Liz" Stefanics and Joanne J.

FerraryEXPANDING andTHE MartinPRESCRIPTION HickeyDRUG ThisDONATION documentPROGRAM mayTO incorporateALLOW amendmentsMORE proposedDONORS byAND aRECIPIENTS committee,TO butPARTICIPATE notIN yetTHE adopted,DONATION, asCOLLECTION wellAND asREDISTRIBUTION amendmentsOF thatUNUSED havePRESCRIPTION beenDRUGS. adopted during the current legislative session.

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FORSECTION THE1. LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE h AN ACT g o RELATING TO PRESCRIPTION DRUGS;

EXPANDINGSection THE26-1-3.2 PRESCRIPTIONNMSA DRUG1978 t(being hrLaws g2011, eChapter i119, kSection DONATION1) PROGRAMis TOamended ALLOWto MOREread: DONORS AND RECIPIENTS TO h r i s PARTICIPATE IN THE DONATION, COLLECTION AND REDISTRIBUTION OF h , t, UNUSED PRESCRIPTION DRUGS.

e"26-1-3.2. u g e b l e e h n d d i = = o h BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

l ] b ,d i a º e SECTION 1.

Section 26-1-3.2 NMSA 1978 (being Laws 2011, r i = r t e w d m a n o Chapter 119, Section 1) is amended to read:

d m :

b e d s º o t n = .229077.3AIC March 17, 2025 (10:36am) s k m e e a n e d r e l u [ A d "26-1-3.2.

[(1)(1) "clinic""donor" means a facilityperson licensedwho pursuantdonates tounused Sectionprescription 61-11-14 NMSA 1978 in which one or more licensed practitioners diagnose and treat patients and in which drugs areto stored,an dispensedeligible orrecipient administered for the diagnosispurpose and treatment of theredistribution facility'sto patients;

provided(2) that"eligible "clinic"recipient" doesmeans nota includeperson thewho privatelyregisters ownedwith practicethe ofboard ato licensedparticipate practitionerin orthe groupcollection of licenseddonated practitionersdrugs exemptand underis: Section 61-11-22 NMSA 1978;

(2)](a) (1)licensed "donor"pursuant means [an individual] a person who donates unused prescription drugs to [aSection clinic61-11-14 orNMSA a1978 participating practitioner for the purpose of redistribution to establishedreceive patientsand ofdistribute thatprescription clinicdrugs; or practitioner;

(3)(b) "participatinga practitioner"health meanscare afacility licensed practitioner who is authorized to prescribe drugs and h who registers with the board, and is subject to rules u » r promulgated by the board,health tocare participateauthority inpursuant the collection of t h g e l i donated drugs, prescribed for use by established patients of h r i s that practitioner and donated for the purpose of redistribution h , e h to established patients of that practitioner] an eligible t u g e b l e e , gh recipient for the purposeHealth ofCare redistributionCode; to patients;

nor d(c) d i = = o h (2) "eligible recipient" means a personpractitioner wholicensed l ] b ,d i a º r registers with the board to participateprescribe inprescription thedrugs; collection of e r = t e w d m a n o donated drugs and is:

dSB m122 :Page 1 (3) "patient" means an individual who voluntarily receives donated prescription drugs;

band r(4) e"tamper-evident" tmeans º o t n = .229077.3AIC March 17, 2025 (10:36am) s k m e - 2 - e a ndevice eor dprocess rthat emakes lunauthorized uaccess [ A d (a) licensed pursuant to Sectionprotected 61-11-14pharmaceutical NMSApackaging 1978easily todetected. receive and distribute prescription drugs;

Sfl1ºSHPACº(b)B. a health care facility licensed by the health care authority pursuant to the Health Care Code;»SHPAC»Sfl1 Sfl1º(b) a health care facility licensed by the health care authority pursuant to the Health Care Code;»Sfl1 or (c) a practitioner licensed to prescribe prescription drugs;

[(4)The "recipient"]board (3)shall "patient"adopt meansand anpromulgate individualrules whofor voluntarilythe receivesdonation donatedof unused prescription drugs;drugs.

andAny [(5)]person, (4)including "tamper-evident"persons meansfrom aother devicestates, ormay processdonate thatunexpired makesand unauthorizedunused accessprescription drugs to protectedan pharmaceuticaleligible packagingrecipient, easilyand detected.an eligible recipient may accept and redistribute the donated prescription drugs in accordance with rules promulgated by the board.

hDonated B.prescription drugs shall only be redistributed to a patient if the drugs will not expire before the patient is able to completely use the drugs, based on the directions for use given by the patient's prescribing health care professional.

The board shall adopt and promulgate rules for g o t hr the donation of unused prescription drugs.

Any person, g e i k including persons from other states, may [be donated] donate h r i s unexpired and unused prescription drugs to [a clinic or a h , t, e u g participating practitioner, and a clinic or a participating e b l e e h practitioner] an eligible recipient, and an eligible recipient n d d i = = o h may accept and redistribute the donated prescription drugs in l ] b ,d i a º e accordance with rules promulgated by the board.

Donated r i = r t e w d m a n o prescription drugs shall only be redistributed to a patient if d m :

b e d s º o t n = .229077.3AIC March 17, 2025 (10:36am) s k m e - 3 - e a n e d r e l u [ A d the drugs will not expire before the patient is able to completely use the drugs, based on the directions for use given by the patient's prescribing health care professional.

[and] (b) exclude controlled substances;

and (c) allow in-state and out-of-state SB 122 Page 2 pharmacies that are experienced in managing donated prescription drugs to distribute donated prescription drugs to patients, either at a physical pharmacy location or through a mail-order pharmacy;

h (2) standards and procedures for accepting, g o t hr storing, labeling and redistributing donated prescription g e i k drugs;

h r i s (3) standards and procedures for inspecting h , t, donated prescription drugs to determine that the packaging is e u g e b l e e h tamper-evident and that the donated prescription drugs are n d d i = = o h unadulterated, safe and suitable for redistribution;

l ] b ,d i a º e (4) a form to be signed by the [recipient ] r i = r t e w d m a n o patient specifying:

d(a) mknowledge :that the donor took reasonable care of the donated prescription drug;

b(b) eknowledge dthat sthe ºdonated oprescription tdrugs nhave =been .229077.3AICinspected Marchprior 17,to 2025being (10:36am)dispensed sand kthat mthere eis -no 4reason -to ebelieve a n e d r e l u [ A d (a) knowledge that the donordonated [isprescription notdrug awas pharmacistimproperly and]handled tookor reasonablestored; care of the donated prescription drug;

(b) knowledge that the [donor is known to the clinic or the participating practitioner] donated prescription drugs have been inspected prior to being dispensed and that there is no reason to believe that the donated prescription drug was improperly handled or stored;

and (d) that the immunity provided by this SB 122 Page 3 section shall not decrease or increase the civil or criminal liability of a drug manufacturer, distributor or dispenser that h would have existed but for the donation;

g o t hr (5) [a form to be signed ] information required g e i k to be provided by the donor verifying that:

h r i s (a) the donated prescription drug has h , t, been properly stored and the container has not been opened or e u g e b l e e h tampered with;

n d d i = = o h (b) the donated prescription drug has l ] b ,d i a º e not been adulterated or misbranded;

and r i = r t e w d m a n o (c) the donor is voluntarily donating dthe mprescription :drug;

b(6) ea dhandling sfee ºnot oto texceed nthe =reasonable .229077.3AICcosts Marchof 17,participating 2025in (10:36am)the scollection kof mdonated eprescription -drugs 5that -may ebe acharged nto ethe dpatient rby ethe leligible urecipient [to Acover dthe costs of inspecting, storing, labeling and redistributing the donated prescription drug;

(6) a handling fee not to exceed [twenty dollars ($20.00)] the reasonable costs of participating in the collection of donated prescription drugs that may be charged to the [recipient ] patient by the [clinic or the participating practitioner] eligible recipient to cover the costs of inspecting, storing, labeling and redistributing the donated prescription drug;