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  • NJ A1813
  • Authorizes establishment of drug donation programs.*
Introduced
(1/27/2016)
In Committee
(6/19/2017)
Crossed OverPassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
This bill establishes a prescription drug donation repository program in the Department of Health (DOH). This program will provide for the donation of unused prescription drugs and supplies by persons, health care facilities, and pharmacies to a central repository for redistribution to authorized medical facilities and pharmacies in order to re-dispense these medications, which would otherwise be destroyed, for use by individuals who meet eligibility criteria specified by the Commissioner of Health. The commissioner, in cooperation with the State Board of Pharmacy, is to establish and maintain the program, and DOH may contract with a third party to implement and administer the program. Donations of prescription drugs and supplies under the program may be made on the premises of a health care facility or pharmacy that elects to participate in the program and meets the requirements established by the commissioner. The medical facility or pharmacy may charge an individual who receives donated prescription drugs or supplies a handling fee that is not to exceed an amount established by the commissioner. The participation of any person, facility, or other entity in the program is voluntary. The bill stipulates that prescription drug or supplies may be accepted and dispensed under the program if: -- the prescription drug is in its original sealed and tamper-evident packaging; however, a prescription drug in a single-unit dose or blister pack with the outside packaging opened may be accepted if the single-unit dose packaging remains intact; -- the prescription drug bears an expiration date that is more than six months after the date that the prescription drug was donated; -- the prescription drug or supplies are inspected by a pharmacist employed by the repository before the prescription drug or supplies are dispensed to a medical facility or pharmacy, to determine that the prescription drug or supplies are not adulterated or misbranded; and -- the prescription drug or supplies are prescribed by an authorized prescriber for use by an eligible individual and are dispensed by a pharmacist. A prescription drug or supplies donated pursuant to this bill is not to be resold by any person, facility, or other entity. The bill provides that: a person, health care facility, or pharmacy that donates prescription drugs or supplies to the repository, and receives a notice from a pharmacy or pharmaceutical manufacturer that a prescription drug or supplies have been recalled, is to inform the repository of the recall; the repository is to notify all medical facilities and pharmacies receiving the recalled drugs or supplies of the recall; and the medical facility or pharmacy that receives the recall notification is to perform a uniform destruction of all the recalled prescription drugs or supplies in the medical facility or pharmacy. A prescription drug dispensed through the program will not be eligible for reimbursement under any private health care coverage or public health benefits program. The bill directs the Commissioner of Health to prescribe by regulation such requirements and other aspects of the program as are necessary to effectuate the purposes of the bill, including, but not limited to: -- requirements for medical facilities and pharmacies to accept and dispense donated prescription drugs and supplies; -- eligibility criteria for individuals to receive donated prescription drugs and supplies dispensed under the program, which is to prioritize dispensing to individuals who are indigent or uninsured; -- necessary forms for administration of the program; -- a means by which an individual who is eligible to receive donated prescription drugs and supplies may indicate that eligibility; -- the maximum handling fee that a medical facility or pharmacy may charge for accepting, distributing, or dispensing donated prescription drugs and supplies under the program; -- a list of prescription drugs that the program will not accept; and -- criteria for any request for proposals that DOH may issue to engage a third party to implement and administer the program. The bill further directs the Commissioner of Health, in consultation with the Commissioner of Human Services, to annually issue a report to the Governor and the Legislature that evaluates the effectiveness of the prescription drug donation repository program in providing prescription drugs and supplies, and reducing the cost of providing health care, to low-income persons in this State. The bill takes effect on the first day of the seventh month following enactment, but authorizes the Commissioner of Health to take prior administrative action as necessary for its implementation.
2nd Reading in the Assembly, Health and Senior Services
Reported from Assembly Comm. as a Substitute, 2nd Reading  (on 6/19/2017)
 
 

Date Chamber Action Description
6/19/2017 A Reported from Assembly Comm. as a Substitute, 2nd Reading
6/19/2017 Assembly Health and Senior Services Hearing (19:00 6/19/2017 )
1/27/2016 A Introduced, Referred to Assembly Health and Senior Services Committee
Date Motion Yea Nay Other
Detail 6/19/2017 Assembly Health and Senior Services Committee: Reported with Substitution 10 0 3