06 HB
1178/AP
House
Bill 1178 (AS PASSED HOUSE AND SENATE)
By:
Representatives Hill of the
180th,
Channell of the
116th,
Cooper of the
41st,
Brown of the
69th,
Jenkins of the
8th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating
to pharmacists and pharmacies, so as to provide for the establishment of a
program through which unused prescription drugs may be distributed for use by
medically indigent persons; to provide for a short title; to provide for
definitions; to provide for a pilot program; to provide for the establishment of
rules and regulations; to provide for timelines; to provide for limited
liability; to provide for construction; to amend Article 7 of Chapter 4 of Title
49 of the Official Code of Georgia Annotated, relating to medical assistance
generally, so as to provide for certain coverage for pharmacy restocking fees;
to amend Code Section 16-12-142 of the Official Code of Georgia Annotated,
relating to requiring medical facilities or physicians to perform abortions and
requiring others to assist, so as to provide that a pharmacist who states in
writing an objection to any abortion shall not be required to fill a
prescription for a drug if the purpose of the drug is to terminate a pregnancy;
to provide that such refusal shall not be the basis for any claim for damages;
to provide for the duration of the effectiveness of the written objection; to
amend Chapter 34 of Title 31 of the Official Code of Georgia Annotated, relating
to physicians for rural areas assistance, so as to revise the purpose of the
chapter; to revise certain provisions regarding priority for certain
specialties; to amend Chapter 7 of Title 31 of the Official Code of Georgia
Annotated, relating to regulation of hospitals and related institutions, so as
to revise a definition; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists
and pharmacies, is amended by adding a new Article 11 to read as
follows:
"ARTICLE
11
26-4-190.
This
article shall be known and may be cited as the 'Utilization of Unused
Prescription Drugs Act.'
26-4-191.
As
used in this article, the term:
(1)
'Controlled substance' means a drug, substance, or immediate precursor in
Schedules I through V of Code Sections 16-13-25 through 16-13-29 and Schedules I
through V of 21 C.F.R. Part 1308.
(2)
'Health care facility' means an institution which is licensed as a nursing home,
intermediate care home, personal care home, home health agency, or hospice
pursuant to Chapter 7 of Title 31.
(3)
'Medically indigent person' means:
(A)
A person who is Medicaid eligible under the laws of this state; or
(B)
A person:
(i)
Who is without health insurance; or
(ii)
Who has health insurance that does not cover the injury, illness, or condition
for which treatment is sought; and
whose
family income does not exceed 200 percent of the federal poverty level as
defined annually by the federal Office of Management and Budget.
26-4-192.
(a)
The Georgia State Board of Pharmacy, the Department of Human Resources, and the
Department of Community Health shall jointly develop and implement a state-wide
program consistent with public health and safety standards through which unused
prescription drugs, other than prescription drugs defined as controlled
substances, may be transferred from health care facilities to pharmacies
designated or approved by the Department of Human Resources for the purpose of
distributing such drugs to residents of this state who are medically indigent
persons.
(b)
The Georgia State Board of Pharmacy, the Department of Human Resources, and the
Department of Community Health shall be authorized to develop and implement a
pilot program to determine the safest and most beneficial manner of implementing
the program prior to the state-wide implementation of the program required in
subsection (a) of this Code section.
(c)
The Georgia State Board of Pharmacy, in consultation with the Department of
Human Resources and the Department of Community Health, shall develop and
promulgate rules and regulations to establish procedures necessary to implement
the program and pilot program, if applicable, provided for in this Code section.
The rules and regulations shall provide, at a minimum:
(1)
For an inclusionary formulary for the prescription drugs to be distributed
pursuant to the program;
(2)
For the protection of the privacy of the individual for whom a prescription drug
was originally prescribed;
(3)
For the integrity and safe storage and safe transfer of the prescription drugs,
which may include, but shall not be limited to, limiting the drugs made
available through the program to those that were originally dispensed by unit
dose or an individually sealed dose and that remain in intact packaging;
provided, however, that the rules and regulations shall authorize the use of any
remaining prescription drugs;
(4)
For the tracking of and accountability for the prescription drugs;
and
(5)
For other matters necessary for the implementation of the program.
(d)
The state-wide program required by this Code section shall be implemented no
later than January 1, 2007, unless a pilot program is implemented pursuant to
subsection (b) of this Code section, in which case state-wide implementation
shall occur no later than July 1, 2008.
26-4-193.
In
accordance with the rules and regulations promulgated pursuant to Code Section
26-4-192, the resident of a health care facility, or the representative or
guardian of a resident, may donate unused prescription drugs, other than
prescription drugs defined as controlled substances, for dispensation to
medically indigent persons.
26-4-194.
(a)
Physicians, pharmacists, other health care professionals when acting within the
scope of practice of their respective licenses, and health care facilities shall
not be subject to liability for transferring or receiving unused prescription
drugs pursuant to this article and in good faith compliance with the rules and
regulations promulgated pursuant to Code Section 26-4-192.
(b)
Pharmacists and pharmacies shall not be subject to liability for dispensing
unused prescription drugs pursuant to this article when such services are
provided without reimbursement and when performed within the scope of their
practice and in good faith compliance with the rules and regulations promulgated
pursuant to Code Section 26-4-192. For purposes of this subsection, a
restocking fee paid to a pharmacy pursuant to Code Section 49-4-152.5 shall not
be considered reimbursement.
(c)
Nothing in this Code section shall be construed as affecting, modifying, or
eliminating the liability of a manufacturer of prescription drugs or its
employees or agents under any legal claim, including but not limited to product
liability claims. Drug manufacturers shall not be subject to liability for any
acts or omissions of any physician, pharmacist, other health care professional,
health care facility, or pharmacy providing services pursuant to this article.
(d)
Drug manufacturers shall not be subject to criminal prosecution or liability in
tort or other civil action for injury, death, or loss to person or property for
the donation, acceptance, or dispensing of a drug under the program or for the
failure to transfer or communicate product or consumer information or the
expiration date of a drug donated under the program.
26-4-195.
This
article shall be construed in concert with Code Section
49-4-152.3."
SECTION
2.
Article
7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating
to medical assistance generally, is amended by adding a new Code section to read
as follows:
"49-4-152.5.
In
the provision of medical assistance pursuant to this article, the department
shall allow for the payment and coverage of appropriate restocking fees incurred
by a pharmacy which receives and dispenses prescription drugs pursuant to the
'Utilization of Unused Prescription Drugs Act' in Article 11 of Chapter 4 of
Title
26."
SECTION
2A.
Code
Section 16-12-142 of the Official Code of Georgia Annotated, relating to
requiring medical facilities or physicians to perform abortions and requiring
others to assist, is amended by striking such Code section and inserting in its
place the following:
"16-12-142.
(a)
Nothing in this article shall require a hospital or other medical facility or
physician to admit any patient under the provisions of this article for the
purpose of performing an abortion. In addition, any person who states in
writing an objection to any abortion or all abortions on moral or religious
grounds shall not be required to participate in procedures which will result in
such abortion; and the refusal of the person to participate therein shall not
form the basis of any claim for damages on account of such refusal or for any
disciplinary or recriminatory action against the person. The written objection
shall remain in effect until the person revokes it or terminates his association
with the facility with which it is filed.
(b)
Any pharmacist who states in writing an objection to any abortion or all
abortions on moral or religious grounds shall not be required to fill a
prescription for a drug which purpose is to terminate a pregnancy; and the
refusal of the person to fill such prescription shall not form the basis of any
claim for damages on account of such refusal or for any disciplinary or
recriminatory action against the person; provided, however, that the pharmacist
shall make all reasonable efforts to locate another pharmacist who is willing to
fill such prescription or shall immediately return the prescription to the
prescription holder. The written objection shall remain in effect until the
person revokes it or terminates his or her association with the facility with
which it is filed. Nothing in this subsection shall be construed to authorize a
pharmacist to refuse to fill a prescription for birth control medication,
including any process, device, or method to prevent pregnancy and including any
drug or device approved by the federal Food and Drug Administration for such
purpose."
SECTION
2B.
Chapter
34 of Title 31 of the Official Code of Georgia Annotated, relating to physicians
for rural areas assistance, is amended by striking Code Section 31-34-2,
relating to the purpose of the chapter, and inserting in lieu thereof the
following:
"31-34-2.
It
is the purpose of this chapter to increase the number of physicians in physician
under served rural areas of Georgia by making loans to
young
physicians who
recently
have
completed their medical education and
allowing such loans to be repaid by such physicians agreeing to practice
medicine in such rural
areas."
SECTION
2C.
Said
chapter is further amended in Code Section 31-34-4, relating to loan applicant
qualifications and rules and regulations, by striking subsection (c) and
inserting in lieu thereof the following:
"(c)
The board is authorized to consider among other criteria for granting loans
under the provisions of this chapter the state residency status and home area of
the applying physician and to give priority to those applicants who are
physicians
specializing
in and actively practicing obstetrics
actively
practicing or beginning active practice in specialties experiencing shortages or
distribution problems in rural areas of this state as determined by the board
pursuant to rules and regulations adopted by it in accordance with this
chapter.
After
giving such priority, the board may also consider, in the following order of
priority, the applications of physicians specializing in obstetrics/gynecology,
family practice, general practice, general internal medicine, general
pediatrics, general surgery, psychiatry, or other medical specialties approved
by the
board."
SECTION
2D.
Chapter
7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation
of hospitals and related institutions, is amended in Code Section 31-7-94.1,
relating to definitions, by striking paragraph (3) and inserting in lieu thereof
the following:
"(3)
'Rural county' means a county having a population of less than 35,000 according
to the United States decennial census of 1990 or any future such
census;
provided, however, that for counties which contain a military base or
installation, the military personnel and their dependents living in such county
shall be excluded from the total population of such county for purposes of this
definition."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.