06 LC 33
1217
House
Bill 1178
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 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 Medications 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 person eligible to receive Medicaid or
medicare or a person who has no health insurance and who otherwise lacks
reasonable means to purchase prescribed medications.
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 the medications 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, the Department of Human Resources, and the
Department of Community Health shall jointly 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 medications to be distributed pursuant to
the program;
(2)
For the protection of the privacy of the individual for whom a medication was
originally prescribed;
(3)
For the integrity and safe storage and safe transfer of the medications, 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
medications;
(4)
For the tracking of and accountability for the medications; 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 medications, other than
prescription drugs defined as controlled substances, for dispensation to
medically indigent persons.
26-4-194.
Physicians,
pharmacists, other health care professionals, pharmacies, and health care
facilities shall not be subject to liability for participation in the program
established pursuant to this article when acting within the scope of practice of
their respective licenses and in good faith compliance with the rules and
regulations promulgated pursuant to Code Section 26-4-192.
26-4-195.
This
article shall be construed in concert with Code Section
49-4-152.3.∀
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.