SB 122
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AN ACT
RELATING TO PRESCRIPTION DRUGS; EXPANDING THE PRESCRIPTION
DRUG DONATION PROGRAM TO ALLOW MORE DONORS AND RECIPIENTS TO
PARTICIPATE IN THE DONATION, COLLECTION AND REDISTRIBUTION OF
UNUSED PRESCRIPTION DRUGS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 26-1-3.2 NMSA 1978 (being Laws 2011,
Chapter 119, Section 1) is amended to read:
"26-1-3.2. PRESCRIPTION DRUG DONATION.--
A. As used in this section:
(1) "donor" means a person who donates
unused prescription drugs to an eligible recipient for the
purpose of redistribution to patients;
(2) "eligible recipient" means a person who
registers with the board to participate in the collection of
donated drugs and is:
(a) licensed pursuant to
Section 61-11-14 NMSA 1978 to receive and distribute
prescription drugs;
(b) a health care facility licensed by
the health care authority pursuant to the Health Care Code;
or
(c) a practitioner licensed to
prescribe prescription drugs; SB 122
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(3) "patient" means an individual who
voluntarily receives donated prescription drugs; and
(4) "tamper-evident" means a device or
process that makes unauthorized access to protected
pharmaceutical packaging easily detected.
B. The board shall adopt and promulgate rules for
the donation of unused prescription drugs. Any person,
including persons from other states, may donate unexpired and
unused prescription drugs to an eligible recipient, and an
eligible recipient may accept and redistribute the donated
prescription drugs in accordance with rules promulgated
by the board. Donated prescription drugs shall only be
redistributed to a patient if the drugs will not expire
before the patient is able to completely use the drugs, based
on the directions for use given by the patient's prescribing
health care professional.
C. The board shall promulgate rules to establish:
(1) procedures to allow the donation and
redistribution of certain prescription drugs, including
refrigerated drugs, that:
(a) ensure that the redistribution
process is consistent with public health and safety
standards;
(b) exclude controlled substances; and
(c) allow in-state and out-of-state SB 122
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pharmacies that are experienced in managing donated
prescription drugs to distribute donated prescription drugs
to patients, either at a physical pharmacy location or
through a mail-order pharmacy;
(2) standards and procedures for accepting,
storing, labeling and redistributing donated prescription
drugs;
(3) standards and procedures for inspecting
donated prescription drugs to determine that the packaging is
tamper-evident and that the donated prescription drugs are
unadulterated, safe and suitable for redistribution;
(4) a form to be signed by the patient
specifying:
(a) knowledge that the donor took
reasonable care of the donated prescription drug;
(b) knowledge that the donated
prescription drugs have been inspected prior to being
dispensed and that there is no reason to believe that the
donated prescription drug was improperly handled or stored;
(c) that any person who exercises
reasonable care in donating, accepting or redistributing
pursuant to this section shall be immune from civil or
criminal liability or professional disciplinary action of any
kind for any related injury, death or loss; and
(d) that the immunity provided by this SB 122
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section shall not decrease or increase the civil or criminal
liability of a drug manufacturer, distributor or dispenser
that would have existed but for the donation;
(5) information required to be provided by
the donor verifying that:
(a) the donated prescription drug has
been properly stored and the container has not been opened or
tampered with;
(b) the donated prescription drug has
not been adulterated or misbranded; and
(c) the donor is voluntarily donating
the prescription drug;
(6) a handling fee not to exceed the
reasonable costs of participating in the collection of
donated prescription drugs that may be charged to the patient
by the eligible recipient to cover the costs of inspecting,
storing, labeling and redistributing the donated prescription
drug; and
(7) any other standards deemed necessary by
the board.
D. The board shall maintain and publish a current
listing of eligible recipients.
E. Before redistributing donated prescription
drugs, the eligible recipient shall:
(1) comply with all applicable federal laws SB 122
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and the laws of the state that deal with the inspection,
storage, labeling and redistribution of donated prescription
drugs; and
(2) examine the donated prescription drug to
determine that it has not been adulterated or misbranded and
certify that the drug has been stored in compliance with the
requirements of the product label.
F. Any person who exercises reasonable care in
donating, accepting or redistributing prescription drugs
pursuant to this section shall be immune from civil or
criminal liability or professional disciplinary action of any
kind for any related injury, death or loss.
G. The immunity provided by this section shall not
decrease or increase the civil or criminal liability of a
drug manufacturer, distributor or dispenser that would have
existed but for the donation.
H. A manufacturer shall not be liable for failure
to transfer or communicate product consumer information or
the expiration date of the donated prescription drug pursuant
to this section.
I. This section does not restrict the authority of
an appropriate governmental agency to regulate or ban the use
of any prescription drugs."