| Summary |
The bill amends statutory provisions relating to unused medication
in facilities, including correctional facilities, nursing care facilities,
assisted living residences, hospice, and other facilities, to change the
defined term medication to medicine and to expand the types of
unused medicines that may be redispensed to patients or donated to a
nonprofit entity.
The bill creates the Colorado drug donation program (donation
program). The donation program allows a person legally authorized to
possess medicine, including an individual member of the public, a
pharmacy, a long-term care facility, a surgical center, a prescriber or other
health-care professional or facility, or others (donor) to donate unused
medicine (donated medicine).
A donor may donate unused medicine to a donation recipient
(donation recipient) that is authorized to possess medicine and that has a
credential in good standing in the state in which the donation recipient is
located. A donation recipient may include a wholesaler, distributor,
third-party logistics provider, repackager, hospital, pharmacy, clinic,
health-care provider, or prescriber's office.
The bill requires the donation recipient to:
•
Keep a record of the donated medicine;
•
Keep donated medicine separate from regular stock; and
•
Have donated medicine inspected by a licensed pharmacist.
The donation recipient may transfer the donated medicine to
another donation recipient or entity, repackage the donated medicine, or,
if the donation recipient is a prescription drug outlet, replenish medicine.
The bill requires donated medicine to first be dispensed to an
eligible patient who is an individual who is indigent, uninsured,
underinsured, or enrolled in a public health benefits program. Donated
medicine must not be resold; except that a donation recipient may charge
a handling or dispensing fee for the donated medicine.
When acting in good faith, the participants in the donation
program are not subject to criminal liability or professional disciplinary
action.
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