SLS 11RS-400 REENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2011
SENATE BILL NO. 205
BY SENATOR GUILLORY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
HEALTH CARE. Provides relative to the reuse of medication returned from a correctional
facility.(gov sig)
AN ACT1
To enact R.S. 37:1226.3, relative to the prescription drugs; to provide relative to charitable2
pharmacies; to provide for exchanges and re-dispensing in pharmacies under the3
authority of the Department of Public Safety and Corrections; to provide for4
limitation of liability; to provide for the authority to promulgate rules and5
regulations; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 37:1226.3 is hereby enacted to read as follows: 8
ยง1226.3. Prescription drugs, returns, exchanges and re-dispensing in9
pharmacies operated by or under contract with the Department10
of Public Safety and Corrections; authority to promulgate rules.11
A. All drugs dispensed on prescription to an offender in the custody of12
the Department of Public Safety and Corrections shall be accepted for return,13
exchange or re-dispensing by a pharmacy operated by or under contract with14
the department.15
B. The pharmacist in charge of the pharmacy shall determine that the16
returned drug is not adulterated or misbranded and is safe to dispense. No17 SB NO. 205
SLS 11RS-400 REENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
product shall be re-dispensed by the pharmacist if the integrity of the1
medication cannot be assured.2
C. No pharmaceutical manufacturer shall be liable for any claim or3
injury arising from the re-dispensing of any prescription drug pursuant to the4
provisions of this Section, including but not limited to liability for failure to5
transfer or communicate product or consumer information regarding the re-6
dispensed drug, as well as the expiration date of the re-dispensed drug.7
D. The Louisiana Board of Pharmacy shall have the authority to8
promulgate rules in accordance with the Administrative Procedure Act for the9
purpose of administering the provisions of this Section.10
Section 2. This Act shall become effective upon signature by the governor or, if not11
signed by the governor, upon expiration of the time for bills to become law without signature12
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If13
vetoed by the governor and subsequently approved by the legislature, this Act shall become14
effective on the day following such approval.15
The original instrument was prepared by Bobbie Hunter. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Michelle Broussard-Johnson.
DIGEST
Guillory (SB 205)
Present law applies exemptions to drugs that are donated to pharmacies from penal
institution pharmacies.
Proposed law removes the exemption of penal institutions and provides that all drugs
dispensed on prescription to an offender in the custody of DPS&C shall be accepted for
return, exchange or re-dispensing by a pharmacy operated by, or under contract with the
department.
Proposed law requires that the pharmacist in charge of the pharmacy shall determine if the
drug is not adulterated or misbranded and is safe to dispense. No product where integrity
cannot be assured shall be accepted for re-dispensing by the pharmacist of the charitable
pharmacy.
Proposed law provides that no pharmaceutical manufacturer shall be liable for any claim or
injury arising from the re-dispensing of any prescription drug pursuant to the provisions of
proposed law.
Proposed law authorizes the La. Board of Pharmacy to promulgate rules and regulations.
Effective upon signature of the governor or lapse of time for gubernatorial action. SB NO. 205
SLS 11RS-400 REENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(Adds R.S. 37:1226.3)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to
the original bill.
1. Removes reference to charitable pharmacies.
Senate Floor Amendments to engrossed bill.
1. Provides for the limitation of liability.