BILL REQ. #:  S-3283.1 

Read first time 01/09/12.   Referred to Committee on Health & Long-Term Care.

     AN ACT Relating to permitting nursing homes to recycle unused prescription medicines; amending RCW 18.51.010; and adding new sections to chapter 18.51 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 18.51.010 and 1983 c 236 s 1 are each amended to read as follows:
     (1) "Nursing home" means any home, place or institution which operates or maintains facilities providing convalescent or chronic care, or both, for a period in excess of twenty-four consecutive hours for three or more patients not related by blood or marriage to the operator, who by reason of illness or infirmity, are unable properly to care for themselves. Convalescent and chronic care may include but not be limited to any or all procedures commonly employed in waiting on the sick, such as administration of medicines, preparation of special diets, giving of bedside nursing care, application of dressings and bandages, and carrying out of treatment prescribed by a duly licensed practitioner of the healing arts. It may also include care of mentally incompetent persons. It may also include community-based care. Nothing in this definition shall be construed to include general hospitals or other places which provide care and treatment for the acutely ill and maintain and operate facilities for major surgery or obstetrics, or both. Nothing in this definition shall be construed to include any boarding home, guest home, hotel or related institution which is held forth to the public as providing, and which is operated to give only board, room and laundry to persons not in need of medical or nursing treatment or supervision except in the case of temporary acute illness. The mere designation by the operator of any place or institution as a hospital, sanitarium, or any other similar name, which does not provide care for the acutely ill and maintain and operate facilities for major surgery or obstetrics, or both, shall not exclude such place or institution from the provisions of this chapter: PROVIDED, That any nursing home providing psychiatric treatment shall, with respect to patients receiving such treatment, comply with the provisions of RCW 71.12.560 and 71.12.570.
     (2) "Person" means any individual, firm, partnership, corporation, company, association, or joint stock association, and the legal successor thereof.
     (3) "Secretary" means the secretary of the department of social and health services.
     (4) "Department" means the state department of social and health services.
     (5) "Community-based care" means but is not limited to the following:
     (a) Home delivered nursing services;
     (b) Personal care;
     (c) Day care;
     (d) Nutritional services, both in-home and in a communal dining setting;
     (e) Habilitation care; and
     (f) Respite care.
     (6) "Participating facility" means a nursing home that voluntarily participates in the prescription drug recycling program created in section 2 of this act.
     (7) "Prescribing practitioner" means a health care practitioner with prescription authority.
     (8) "Prescription drug" means any drug which is required by state law or regulation of the state board of pharmacy to be dispensed on prescription only or is restricted to use by practitioners only.
     (9) "Program" means the prescription drug recycling program.
     (10) "Single-unit dose packaging" means a single-unit container for articles intended for administration as a single dose, direct from the container.
     (11) "Tamper-evident unit dose packaging" means a container within which a drug is sealed so that the contents cannot be opened without obvious destruction of the seal.

NEW SECTION.  Sec. 2   (1) The department, in association with the department of health, must establish a prescription drug recycling program that permits nursing homes to share unused prescription drugs and to accept donations of unused prescription drugs from prescription drug manufacturers and health care practitioners. Participation in the program is voluntary. Controlled substances may not be donated to or accepted by the program.
     (2) The department may, in consultation with the board of pharmacy, adopt rules to carry out the prescription drug recycling program, including:
     (a) Eligibility criteria and other standards and procedures for participating facilities that accept and distribute or dispense donated prescription drugs; and
     (b) Necessary forms for administration of the program, including forms for use by nursing homes or entities that donate, accept, distribute, or dispense prescription drugs under the program.

NEW SECTION.  Sec. 3   (1) A prescription drug may only be donated to, accepted by, or dispensed under the program if it is unopened, sealed, and tamper-evident unit dose packaging. A prescription drug packaged in single-unit dose packaging may be donated, accepted, or dispensed if the outside packaging is opened but the single-unit dose packaging is unopened.
     (2) A prescription drug may not be donated to, accepted by, or dispensed under the program if it:
     (a) Is expired;
     (b) Is a controlled substance;
     (c) Is adulterated or misbranded; or
     (d) Has been in possession of a patient or a member of the public.

NEW SECTION.  Sec. 4   (1) Participating facilities must comply with state and federal laws on storage, distribution, and dispensing of prescription drugs received under the program and must inspect all such drugs before dispensing to determine if they are adulterated or misbranded. Prescription drugs received under the program may only be dispensed pursuant to a prescription issued by a prescribing practitioner or may be distributed to another participating facility for dispensing.
     (2) Participating facilities may charge a handling fee, in accordance with department rule, for distributing or dispensing prescription drugs under the program. Prescription drugs donated under the program may not be resold.

NEW SECTION.  Sec. 5   (1) Except as provided in subsection (2) of this section, any person or entity, including a prescription drug manufacturer, which exercises reasonable care in donating, accepting, distributing, or dispensing prescription drugs under this chapter and rules adopted under this chapter is immune from civil or criminal liability or professional disciplinary action of any kind for any injury, death, or loss to person or property relating to such activities.
     (2) The donation of a prescription drug by a prescription drug manufacturer does not absolve the manufacturer of any criminal or civil liability that would have existed but for the donation, nor shall such donation increase the liability of such prescription drug manufacturer that would have existed but for the donation.

NEW SECTION.  Sec. 6   The department must establish and maintain a participating facility registry for the program. The participating facility registry must include the participating facility's name, address, contact person, and telephone number. The participating facility registry must be available to any entity wishing to donate prescription drugs to the program.

NEW SECTION.  Sec. 7   Sections 2 through 6 of this act are each added to chapter 18.51 RCW.