Bill Text: PA HB721 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Providing for drug redistribution within correctional facilities.

Spectrum: Moderate Partisan Bill (Democrat 23-5)

Status: (Engrossed - Dead) 2009-09-17 - Referred to PUBLIC HEALTH AND WELFARE [HB721 Detail]

Download: Pennsylvania-2009-HB721-Introduced.html

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PRINTER'S NO. 800
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 721 Session of2009
INTRODUCED BY SOLOBAY, BELFANTI, BRENNAN, CARROLL, CREIGHTON, FABRIZIO, GOODMAN, GRUCELA, HORNAMAN, KULA, LONGIETTI, MAHONEY, MANN, McILVAINE SMITH, M. O'BRIEN, PALLONE, PICKETT, READSHAW, SIPTROTH, STABACK, VULAKOVICH, WATSON AND WHITE, MARCH 4, 2009
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES, MARCH 4, 2009
AN ACT
Providing for prescription drug redistribution within health
care and governmental correctional facilities.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Prescription
Drug Redistribution Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Crediting fee." The fee imposed by a licensed pharmacist
for accepting any portion of an unused, returned prescription,
which shall be approved by the Pennsylvania Fair Drug Pricing
Board. The crediting fee shall be not less than $3.50 and not
more than $7.50 for any prescription.
"FDA." The Federal Food and Drug Administration.
"Health care facility." Any of the following, regardless of
whether the facility is for profit, nonprofit or governmental:
(1) A general or specific hospital, including State
centers for the mentally retarded and psychiatric hospitals.
(2) Skilled nursing facilities.
(3) Intermediate care facilities.
(4) Personal care homes.
"Hospital." An institution licensed or regulated as a
hospital by the Department of Health or the Department of Public
Welfare or a facility owned or operated by the Federal
Government and accredited by the Joint Commission on
Accreditation of Hospitals as a hospital.
"Vendor pharmacy." The licensed pharmacy of origin.
Section 3. Return to and repackaging by vendor pharmacy.
(a) General.--Each health care facility or governmental
correctional facility shall return to the vendor pharmacy, for
initial repackaging by that vendor pharmacy and redistribution
to that health care facility or governmental correctional
facility, drug products which are:
(1) prescription drug products that are not controlled
substances;
(2) sealed in individually packaged units;
(3) returned to the vendor pharmacy at least 90 days
prior to the expiration of the recommended period of shelf
life for the purpose of redispensing such drug products; and
(4) oral and parenteral medication in single-dose sealed
containers approved by the FDA, topical or inhalant drug
products in units of use containers approved by the FDA or
parenteral medications in multiple-dose sealed containers
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approved by the FDA from which no doses have been withdrawn.
(b) Return to vendor.--Each health care facility or
governmental correctional facility shall return to the vendor
pharmacy, for subsequent repackaging and redistribution by that
vendor pharmacy to that health care facility or governmental
correctional facility, drug products that have already been
repackaged and redistributed pursuant to subsection (a) if:
(1) such drug products meet all of the requirements for
initial repackaging found in subsection (a);
(2) the date on which the drug product was last
repackaged, the drug product's lot number and the drug
product's expiration date are indicated clearly on the
package of such repackaged drug;
(3) 90 days or fewer have elapsed from the date of
initial repackaging of such drug product; and
(4) a repackaging log is maintained by the pharmacy in
the case of drug products repackaged in advance of immediate
needs.
(c) Exception.--No drug products dispensed in a bulk-
dispensing container, including bottles, may be returned to
vendor pharmacy for redistribution.
(d) Consent not required.--The consent of the individual for
whom the unused drugs were originally prescribed shall not be
required for reuse and redistribution.
(e) Rebate.--Nothing in this section shall require a
pharmaceutical manufacturer to provide a rebate based on the
reuse and redistribution of any unused drug as authorized in
subsections (a) and (b).
(f) Department action.--The appropriate department shall
implement policies to provide reimbursement for the return of
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unused drug products to the vendor pharmacy from which such drug
products were purchased.
(g) Fees.--A fee of not more than 15% of the maximum
wholesale price plus a crediting fee shall be provided to the
vendor pharmacy by the health care facility receiving
prepackaged drugs for the return of unused drug products.
(h) Limitation of liability.--No pharmaceutical
manufacturers shall be held liable for any claim or injury
arising from the transfer of any prescription drug pursuant to
the provisions of this section, including, but not limited to,
liability for failure to transfer or communicate product or
consumer information regarding the transferred drug, as well as
the expiration date of the transferred drug.
(i) Regulations.--The Department of Health, the Department
of Corrections and the State Board of Pharmacy shall promulgate
regulations to carry out the provisions of this act, including
governing:
(1) the repackaging and labeling of drug products
returned pursuant to subsections (a) and (b); and
(2) procedures for the return of unused products to the
vendor pharmacy from which such drug products were purchased.
(j) Federal law.--All provisions of this act shall be in
compliance with section 1171(4) of the Social Security Act (49
Stat. 620, 42 U.S.C. § 1320d(4)).
Section 4. Effective date.
This act shall take effect in 60 days.
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