SB 104 — Prescription Drug Donation Repository Program

Florida Senate - 2019 CS for SB 104 By Senator Book 32-00169-19 2019104__ A bill to be entitled An act relating to the PrescriptionCommittee Drugon DonationHealth RepositoryPolicy; Program;

and Senator Book 588-02164-19 2019104c1 A bill to be entitled An act relating to the Prescription Drug Donation Repository Program;

authorizing certain local repositories to accept a donation from specified persons under certain conditions;

prohibiting a centralized repository or a local repository from accepting donations from unauthorized donors;

95100 Be It Enacted by the Legislature of the State of Florida:

97102 Section 1. Section 465.1902, Florida Statutes, is created to read:

(5) DONOR ELIGIBILITY.—TheELIGIBILITY.— (a) The centralized repository or a local repository may accept a donation of a prescription drug or supply only from:

(a) Nursing1. Nursing home facilities with closed drug delivery systems.

(b) Hospices2. Hospices that have maintained control of a patient’s prescription drugs.

(c) Hospitals3. Hospitals with closed drug delivery systems.

(d) Pharmacies.4. Pharmacies.

(e) Drug5. Drug manufacturers or wholesale distributors.

(f) Medical6. Medical device manufacturers or suppliers.

(g) Prescribers7. Prescribers who receive prescription drugs or supplies directly from a drug manufacturer, wholesale distributor, or pharmacy.

(b) In addition to the donors specified in paragraph (a), a local repository that qualifies as a free clinic or nonprofit health clinic may accept a donation from a patient or a patient’s legal representative or next of kin if the following requirements are met:

1. An affidavit, in a format approved by the department, signed by the donor must accompany the donation, identify the prescribing health care practitioner, and attest to the authenticity of the prescription drug or medical supply being donated;

2. The prescription drug or medical supply being donated is in its original tamper-evident packaging, in accordance with subparagraph (6)(b)1., and does not have any physical signs of tampering, misbranding, deterioration, compromised integrity, or adulteration;

3. Any drug being donated has an expiration date that is more than 3 months after the date of the donation;

and 4. A licensed pharmacist inspects the prescription drug or medical supply and can attest to the authenticity of the donated prescription drug or medical supply and that it meets the requirements of this paragraph.

226 Prescription drugs and supplies accepted under this paragraph are exempt from subparagraph (6)(b)3.

but are subject to all other applicable requirements of subsections (6) and (7).

(c) Donations of prescription drugs or supplies may not be accepted by the centralized repository or a local repository from any donor not authorized under this subsection.