Assigned to HHS FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
FACT SHEET FOR H.B. 2405
topical medications
Purpose
Allows any unused portion of a facility-provided multidose medication (topical
medication) that was administered to a patient to be offered to the patient on discharge from a
hospital or outpatient surgical center if specified conditions apply.
Background
Medications that go unused by a hospital, surgical center or other authorized entity in
Arizona may be donated to an authorized recipient, an entity that has a license or permit in good
standing that is legally authorized to possess medicine. An authorized recipient of medication may
accept into inventory only donated medicine that meets all of the following conditions: 1) it is in
unopened, tamper-evident packaging or has been repackaged; 2) it is not adulterated or
misbranded; 3) it has been maintained in accordance and compliance with the U.S. Food and Drug
Administration's risk evaluation and mitigation strategies; and 4) it is accompanied by an
attestation from the donor stating that the medicine being donated has been kept in a temperature-
controlled environment and has not been adulterated. Opened and partially used medications are
ineligible for donation (A.R.S. ยง 32-1909).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Allows any unused portion of a topical medication to be offered to a patient on discharge if the
topical medication:
a) was ordered at least 24 hours prior to a surgical procedure;
b) was administered to the patient at a hospital or outpatient surgical center; and
c) is required for ongoing treatment.
2. Requires the prescribing provider to counsel the patient on proper use of the topical medication
if the topical medication was used in an operating room or emergency department and waives
any pharmacist counseling requirements.
3. Requires unused topical medication offered to a patient to be properly labeled.
4. Defines facility-provided multidose medication as a topical antibiotic or anti-inflammatory,
dilation or glaucoma drop or ointment that the staff of a hospital operating room, emergency
department or outpatient surgical center has ordered or retrieved from a dispensing system for
a specific patient for use during a procedure or visit. FACT SHEET
H.B. 2405
Page 2
5. Designates this legislation as the Topical Medical Waste Reduction Act
6. Becomes effective on the general effective date.
House Action
HHS 2/3/25 DP 12-0-0-0
3rd
Read 2/20/25 58-0-2
Prepared by Senate Research
March 3, 2025
MM/AO/mg