HLS 16RS-1223 REENGROSSED
2016 Regular Session
HOUSE BILL NO. 671
BY REPRESENTATIVE MORENO
DRUGS/PRESCRIPTION: Provides relative to redispensing of drugs in correctional facility
pharmacies
1 AN ACT
2To amend and reenact R.S. 37:1226.3(A) and (B), relative to prescription drug returns; to
3 provide for the return of prescription drugs dispensed to offenders in the custody of
4 a local law enforcement office or department; to provide for the redispensing of the
5 returned drugs; to prohibit redispensing of certain drugs; and to provide for related
6 matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 37:1226.3(A) and (B) are hereby amended and reenacted to read as
9follows:
10 ยง1226.3. Prescription drugs,; returns, exchanges, and redispensing in pharmacies
11 serving certain correctional facilities operated by or under contract with the
12 Department of Public Safety and Corrections; authority to promulgate rules
13 A. All Except as provided in Subsection B of this Section, all drugs
14 dispensed on prescription to an offender in the custody of the Department of Public
15 Safety and Corrections, or in the custody of a local law enforcement office or
16 department, shall may be accepted for return, exchange, or redispensing by a
17 pharmacy operated by or under contract with the department or by a pharmacy that
18 provides prescriptions to a local law enforcement office or department.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-1223 REENGROSSED
HB NO. 671
1 B. The pharmacist in charge of the pharmacy shall determine that the
2 returned drug is not adulterated, expired, or misbranded and is safe to dispense. No
3 product shall be redispensed by the pharmacist if the integrity of the medication
4 cannot be assured. A drug that can be dispensed only to a patient registered with the
5 drug's manufacturer in accordance with federal Food and Drug Administration
6 requirements shall not be accepted or redispensed under the provisions of the
7 program provided for in this Section.
8 * * *
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 671 Reengrossed 2016 Regular Session Moreno
Abstract: Allows certain prescription drugs that were dispensed to persons in custody of
a local law enforcement agency to be returned, exchanged, and redispensed.
Present law requires that drugs dispensed for use by an offender in the custody of the Dept.
of Public Safety and Corrections be accepted for return, exchange, and redispensing.
Present law provides that the pharmacist in charge shall determine that the prescription is
unmolested, unexpired, and fit to be redispensed.
Present law releases the pharmaceutical manufacturer from liability for any claim or injury
arising from the redispensing of any prescription drug.
Proposed law retains present law, and extends the law to include prescriptions dispensed for
use by offenders in the custody of local law enforcement offices or departments.
Proposed law creates an exception to present law and proposed law, which exception
stipulates that a drug that can be dispensed only to a patient registered with the drug's
manufacturer in accordance with federal Food and Drug Administration requirements shall
not be accepted or redispensed by the correctional facility pharmacy program provided for
in present law and proposed law.
(Amends R.S. 37:1226.3(A) and (B))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to
the original bill:
1. Revise provisions of present law and proposed law requiring that all drugs
dispensed on prescription to offenders in the custody of the Dept. of Public
Safety and Corrections (DPS&C), or a local law enforcement office or
department, be accepted for return, exchange, or redispensing to provide instead
that acceptance of such drugs is permissive rather than mandatory.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-1223 REENGROSSED
HB NO. 671
2. Revise proposed law authorizing pharmacies operated by or under contract with
DPS&C, or with a local law enforcement office or department, to accept certain
drugs for return, exchange, or redispensing to provide instead that pharmacies
that provide prescriptions to these correctional facilities are authorized to accept
drugs for such purposes.
3. Stipulate that a drug which can only be dispensed to a patient registered with the
drug's manufacturer in accordance with federal Food and Drug Administration
requirements may not be accepted or distributed under the provisions of the
program provided for in present law and proposed law.
4. Make technical changes.
The House Floor Amendments to the engrossed bill:
1. Revise proposed law stipulating that certain drugs may not be accepted or
distributed by the program provided for in present law and proposed law to
provide instead that such drugs shall not be accepted or redispensed by the
program.
2. Make grammatical changes.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.