34-20H-1. Definitions. Terms used in this chapter mean: (1)”Medical supply,” any product necessary to administer a prescription drug; and (2)”Participating pharmacy,” a pharmacy that: (a)Is licensed pursuant to chapter 36-11; and (b)Has provided written notice to the State Board of Pharmacy regarding its intent to accept donated prescription drugs and medical supplies, in accordance with […]
34-20H-2. Acceptance of donated drugs and supplies––Conditions–Prohibitions. Except as otherwise provided in this section, a participating pharmacy may accept a donation of prescriptions drugs and medical supplies if: (1)The drugs and medical supplies are in the original, sealed, and tamper-evident packaging, unless the drugs are in single-unit-dose packaging and the single-unit-dose packaging is unopened; and […]
34-20H-3. Inspection requirement. A donated drug or medical supply may not be dispensed until a pharmacist, holding a permit issued in accordance with §36-11-32, has inspected the drug or medical supply and repackaged it, as necessary, for dispensing. Source: SL 2022, ch 137, §3.
34-20H-4. Participating pharmacy––Requirements. A participating pharmacy shall: (1)Comply with all applicable federal and state laws regarding the storage and dispensing of any donated drugs and medical supplies; (2)Accept a prescription transferred pursuant to rules promulgated in accordance with chapter 1-26 by the State Board of Pharmacy; and (3)Agree to transfer any donated prescription drug or […]
34-20H-5. Reimbursement. A drug or medical supply that has been donated may not be resold or considered eligible for reimbursement under the medical assistance program, as set forth in chapter 28-6. Nothing in this section requires a health plan or pharmacy benefit manager to be reimbursed for donated drugs or medical supplies. Source: SL 2022, […]
34-20H-6. Fees authorized. A participating pharmacy may charge a fee, in an amount established by the State Board of Pharmacy, for accepting, distributing, or dispensing donated prescription drugs and medical supplies. Source: SL 2022, ch 137, §6.
34-20H-7. Promulgation of rules. The State Board of Pharmacy shall promulgate rules, in accordance with chapter 1-26, to: (1)Establish eligibility criteria for persons to receive donated drugs and medical supplies, provided the criteria: (a)Prioritize persons who are indigent or without insurance coverage; and (b)Permit dispensing to other persons, if the supply of a donated drug […]
34-20H-8. Criminal prosecution–Civil liability–Exemptions–Immunity. A drug manufacturer, acting reasonably and in good faith, is not subject to criminal prosecution, or civil liability, for the death of or injury to a person, or for damage to or destruction of property, resulting from any donation, acceptance, or dispensing of a prescription drug under §§34-20H-2 to 34-20H-6, inclusive, […]
34-20H-9. Electronic database of drugs and supplies. The State Board of Pharmacy shall develop and maintain, for use by prescribers and pharmacists, an electronic database that provides a searchable inventory of prescription drugs and medical supplies donated under this chapter. The board shall post a current list of participating pharmacies on the board’s website. Source: […]