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<section article="ghg" article_name="Health - General" number="15-605" title_number="15" title_name="Assistance Programs" subtitle_number="6" subtitle_name="Prescription Drug Repository Program">
  <level label="a">
    <text>The Board may approve a licensed pharmacy to be a repository.</text>
  </level>
  <level label="b">
    <text>Consistent with its approval by the Board, a repository located in the State shall:</text>
    <level label="1">
      <text>Accept only donated prescription drugs, over–the–counter drugs, and medical supplies forwarded by designated drop–off sites;</text>
    </level>
    <level label="2">
      <text>Inspect all donated prescription drugs, over–the–counter drugs, and medical supplies;</text>
    </level>
    <level label="3">
      <text>Accept for dispensing to eligible patients only those donated prescription drugs, over–the–counter drugs, and medical supplies that meet the requirements of § 15–603 of this subtitle;</text>
    </level>
    <level label="4">
      <text>Dispose of donated prescription drugs, over–the–counter drugs, and medical supplies not accepted for dispensing to eligible patients in accordance with State and federal law;</text>
    </level>
    <level label="5">
      <text>Maintain a separate inventory of donated prescription drugs, over–the–counter drugs, and medical supplies;</text>
    </level>
    <level label="6">
      <text>Store donated prescription drugs, over–the–counter drugs, and medical supplies in a secure location used exclusively for the Program;</text>
    </level>
    <level label="7">
      <text>Maintain separate prescription files for patients receiving donated prescription drugs and medical supplies; and</text>
    </level>
    <level label="8">
      <text>Obliterate from the labels of donated prescription drugs and medical supplies any information specific to the patient for whom the donated prescription drugs, over–the–counter drugs, and medical supplies were originally dispensed or otherwise provided to the patient.</text>
    </level>
  </level>
  <level label="c">
    <text>A repository located in the State shall dispense donated prescription drugs, over–the–counter drugs, and medical supplies only:</text>
    <level label="1">
      <text>To an individual who meets the requirements of § 15–606(a) of this subtitle;</text>
    </level>
    <level label="2">
      <text>On a new prescription, in the case of a prescription drug or medical supply that requires a prescription; and</text>
    </level>
    <level label="3">
      <text>In accordance with State and federal laws pertaining to:</text>
      <level label="i">
        <text>Storage, distribution, and dispensing of prescription drugs; and</text>
      </level>
      <level label="ii">
        <text>Confidentiality of patient information.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <text>A repository located in the State may:</text>
    <level label="1">
      <text>Charge a fee, not to exceed $10, for each prescription drug, over–the–counter drug, or medical supply dispensed; and</text>
    </level>
    <level label="2">
      <text>Dispense a donated prescription drug, over–the–counter drug, or medical supply by mail.</text>
    </level>
  </level>
  <level label="e">
    <text>A repository may not establish or maintain a waiting list for any prescription drug, over–the–counter drug, or medical supply dispensed by the Program.</text>
  </level>
  <level label="f">
    <text>A pharmacy may accept prescription drugs, over–the–counter drugs, and medical supplies taken to the pharmacy for disposal only if the pharmacy is approved by the Board as a repository for this purpose.</text>
  </level>
  <level label="g">
    <text>Consistent with its approval by the Board, an entity located in another state:</text>
    <level label="1">
      <text>May participate in the Program as a repository; and</text>
    </level>
    <level label="2">
      <text>Shall dispense donated prescription drugs, over–the–counter drugs, and medical supplies to residents of the State only in accordance with:</text>
      <level label="i">
        <text>Federal law;</text>
      </level>
      <level label="ii">
        <text>Laws of the state in which the entity is located pertaining to storage and distribution of prescription drugs, over–the–counter drugs, and medical supplies; and</text>
      </level>
      <level label="iii">
        <text>State laws pertaining to nonresident pharmacies.</text>
      </level>
    </level>
  </level>
  <level label="h">
    <text>The Program may not require a private entity to establish, operate, or fund a drop–off site or disposal program.</text>
  </level>
  <level label="i">
    <text>The Department shall develop a process for providing information about the availability of the State’s earned income tax credit established under § 10–704 of the Tax – General Article to each individual receiving donated prescription drugs and medical supplies from a repository.</text>
  </level>
  <level label="j">
    <text>A person donating, transferring, or receiving prescription drugs, over–the–counter drugs, and medical supplies, or facilitating the donation, transfer, or receipt, in accordance with this subtitle may not be required to hold a wholesale distribution license.</text>
  </level>
  <level label="k">
    <text>A repository located in another state operating primarily for the purpose of participating in a drug donation or repository program may not be required to possess a comprehensive or minimum supply of prescription drugs, over–the–counter drugs, or medical supplies.</text>
  </level>
  <level label="l">
    <text>A repository located in the State may transfer donated prescription drugs, over–the–counter drugs, and medical supplies to:</text>
    <level label="1">
      <text>Another repository located in the State; or</text>
    </level>
    <level label="2">
      <text>A drop–off site located in another state, a repository located in another state, or another entity located in another state that participates in a drug donation or repository program in accordance with the laws of the state in which the entity is located only if there is no need for the donated prescription drugs, over–the–counter drugs, or medical supplies for use by eligible patients in the State, as determined by the transferring repository.</text>
    </level>
  </level>
  <level label="m">
    <text>Unless otherwise prohibited by federal law or the laws of the state in which it is located, a drop–off site or repository located in another state may perform and receive:</text>
    <level label="1">
      <text>Intracompany transfers of donated prescription drugs, over–the–counter drugs, and medical supplies; and</text>
    </level>
    <level label="2">
      <text>Transfers of donated prescription drugs, over–the–counter drugs, and medical supplies from drop–off sites located in another state, repositories located in another state, or other entities participating in a drug donation or repository program in accordance with the laws of the state in which the entity is located.</text>
    </level>
  </level>
</section>
