§ 15-605
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/md/health-general/15-605A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§15–605.
(a)The Board may approve a licensed pharmacy to be a repository.
(b)Consistent with its approval by the Board, a repository located in the State shall:
(1)Accept only donated prescription drugs, over–the–counter drugs, and medical supplies forwarded by designated drop–off sites;
(2)Inspect all donated prescription drugs, over–the–counter drugs, and medical supplies;
(3)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;
(4)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;
(5)Maintain a separate inventory of donated prescription drugs, over–the–counter drugs, and medical supplies;
(6)Store donated prescription drugs, over–the–counter drugs, and medical supplies in a secure location used exclusively for the Program;
(7)Maintain separate prescription files for patients receiving donated prescription drugs and medical supplies; and
(8)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.
(c)A repository located in the State shall dispense donated prescription drugs, over–the–counter drugs, and medical supplies only:
(1)To an individual who meets the requirements of § 15–606(a) of this subtitle;
(2)On a new prescription, in the case of a prescription drug or medical supply that requires a prescription; and
(3)In accordance with State and federal laws pertaining to:
(i)Storage, distribution, and dispensing of prescription drugs; and
(ii)Confidentiality of patient information.
(d)A repository located in the State may:
(1)Charge a fee, not to exceed $10, for each prescription drug, over–the–counter drug, or medical supply dispensed; and
(2)Dispense a donated prescription drug, over–the–counter drug, or medical supply by mail.
(e)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.
(f)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.
(g)Consistent with its approval by the Board, an entity located in another state:
(1)May participate in the Program as a repository; and
(2)Shall dispense donated prescription drugs, over–the–counter drugs, and medical supplies to residents of the State only in accordance with:
(i)Federal law;
(ii)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
(iii)State laws pertaining to nonresident pharmacies.
(h)The Program may not require a private entity to establish, operate, or fund a drop–off site or disposal program.
(i)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.
(j)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.
(k)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.
(l)A repository located in the State may transfer donated prescription drugs, over–the–counter drugs, and medical supplies to:
(1)Another repository located in the State; or
(2)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.
(m)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:
(1)Intracompany transfers of donated prescription drugs, over–the–counter drugs, and medical supplies; and
(2)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.