| Summary |
The bill creates the Colorado drug donation program (program) to
facilitate the safe donation and redispensing of medicine, including
prescription and nonprescription or over-the-counter drugs,
FDA-approved drugs labeled for investigational use, and medical devices.
Under the program, a donor donates medicine to a donation
recipient for redispensing to eligible patients. Donated medicine is
prioritized first for Colorado residents who are indigent, uninsured,
underinsured, or enrolled in a public health benefits program (eligible
patient). An eligible patient or the patient's health insurance is not
charged for the medicine, other than handling or dispensing charges and
other customary charges.
Donors may include individual members of the public as well as
drug manufacturers and distributors, pharmacies, clinics, health centers,
government agencies, and other donors described in the bill (donor).
Donors may donate to a donation recipient, including a wholesaler or
distributor, hospital, pharmacy, clinic, and health-care provider or
prescriber's office, among other entities (donation recipient).
The donation recipient may:
•
Transfer donated medicine to another donation recipient;
and
•
If the donation recipient is a prescription drug outlet,
repackage donated medicine as necessary for storage,
redispensing, administration, or transfer or replenish
medicine previously dispensed to eligible patients.
The bill includes provisions relating to:
•
Record-keeping requirements for donated medicine;
•
The type, condition, and age of medicine that may be
donated;
•
The segregation of medicine and inspection by a licensed
pharmacist before medicine is accepted into inventory;
•
The disposal of medicine that does not meet donation
standards; and
•
The repackaging, labeling, and redispensing of medicine to
eligible patients.
The state board of pharmacy is required to promulgate rules
necessary to implement the program.
When acting in good faith, without willful or wanton misconduct,
the state board of pharmacy, donors, donation recipients, and other
individuals and entities involved in the program are not subject to civil or
criminal liability or professional disciplinary action relating to their
participation in the program.
The bill makes conforming amendments to existing law relating to
the reuse of unused medications by other patients in correctional facilities
and in certain licensed facilities, such as hospitals, hospices, and assisted
living facilities.
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