"NEW SECTION.  Sec. 1   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Department" means the department of health.
     (2) "Drug manufacturer" means a facility licensed by the board of pharmacy under chapter 18.64 RCW that engages in the manufacture of drugs or devices.
     (3) "Drug wholesaler" means a facility licensed by the board of pharmacy under chapter 18.64 RCW that buys drugs or devices for resale and distribution to corporations, individuals, or entities other than consumers.
     (4) "Medical facility" means a hospital, pharmacy, nursing home, boarding home, adult family home, or medical clinic where the prescription drugs are under the control of a practitioner.
     (5) "Person" means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.
     (6) "Pharmacist" means a person licensed by the board of pharmacy under chapter 18.64 RCW to practice pharmacy.
     (7) "Pharmacy" means a facility licensed by the board of pharmacy under chapter 18.64 RCW in which the practice of pharmacy is conducted.
     (8) "Practitioner" has the same meaning as in RCW 69.41.010.
     (9) "Prescribing practitioner" means a person authorized to issue orders or prescriptions for legend drugs as listed in RCW 69.41.030.
     (10) "Prescription drugs" has the same meaning as "legend drugs" as defined in RCW 69.41.010. The term includes cancer drugs and antirejection drugs. The term does not include controlled substances.
     (11) "Supplies" means the supplies necessary to administer prescription drugs that are donated under the prescription drug redistribution program.

NEW SECTION.  Sec. 2   Any practitioner, pharmacist, medical facility, drug manufacturer, or drug wholesaler may donate prescription drugs and supplies to a pharmacy for redistribution without compensation or the expectation of compensation to individuals who meet the prioritization criteria established in section 3 of this act. Donations of prescription drugs and supplies may be made on the premises of a pharmacy that elects to participate in this chapter. A pharmacy that receives prescription drugs or supplies may distribute the prescription drugs or supplies to another pharmacy, pharmacist, or prescribing practitioner for use pursuant to the program.

NEW SECTION.  Sec. 3   Pharmacies, pharmacists, and prescribing practitioners that elect to dispense donated prescription drugs and supplies under this chapter shall give priority to individuals who are uninsured and at or below two hundred percent of the federal poverty level. If an uninsured and low-income individual has not been identified as in need of available prescription drugs and supplies, those prescription drugs and supplies may be dispensed to other individuals expressing need.

NEW SECTION.  Sec. 4   (1) The department must adopt rules establishing forms and procedures to reasonably verify eligibility and prioritize patients seeking to receive donated prescription drugs and supplies. A patient's eligibility may be determined by a form signed by the patient certifying that the patient is uninsured and at or below two hundred percent of the federal poverty level.
     (2) The department may establish any other rules necessary to implement this chapter.

NEW SECTION.  Sec. 5   (1) Prescription drugs or supplies may be accepted and dispensed under this chapter if all of the following conditions are met:
     (a) The prescription drug is in:
     (i) Its original sealed and tamper evident packaging; or
     (ii) An opened package if it contains single unit doses that remain intact;
     (b) The prescription drug bears an expiration date that is more than six months after the date the prescription drug was donated;
     (c) The prescription drug or supplies are inspected before the prescription drug or supplies are dispensed by a pharmacist employed by or under contract with the pharmacy, and the pharmacist determines that the prescription drug or supplies are not adulterated or misbranded;
     (d) The prescription drug or supplies are prescribed by a practitioner for use by an eligible individual and are dispensed by a pharmacist; and
     (e) Any other safety precautions established by the department have been satisfied.
     (2)(a) If a person who donates prescription drugs or supplies to a pharmacy under this chapter receives a notice that the donated prescription drugs or supplies have been recalled, the person shall notify the pharmacy of the recall.
     (b) If a pharmacy that receives and distributes donated prescription drugs to another pharmacy, pharmacist, or prescribing practitioner under this chapter receives notice that the donated prescription drugs or supplies have been recalled, the pharmacy shall notify the other pharmacy, pharmacist, or prescribing practitioner of the recall.
     (c) If a person collecting or distributing donated prescription drugs or supplies under this chapter receives a recall notice from the drug manufacturer or the federal food and drug administration for donated prescription drugs or supplies, the person shall immediately remove all recalled medications from stock and comply with the instructions in the recall notice.
     (3) A person receiving donated prescription drugs or supplies under this chapter must be notified that the drug was donated.
     (4) Prescription drugs and supplies donated under this chapter may not be resold.
     (5) Prescription drugs and supplies dispensed under this chapter shall not be eligible for reimbursement under the medical assistance program.

NEW SECTION.  Sec. 6   (1) Any practitioner, pharmacist, or medical facility who donates prescription drugs or supplies under this chapter shall not, in the absence of a finding of gross negligence, be subject to criminal prosecution, civil liability, or professional disciplinary action, for injury, death, or loss to person or property relating to the donation of the prescription drug or supply.
     (2) Any drug manufacturer or drug wholesaler who donates prescription drugs or supplies under this chapter shall not, in the absence of a finding of gross negligence, be subject to criminal prosecution or civil liability, for injury, death, or loss to person or property relating to the donation of the prescription drug or supply, failure to transfer or communicate product or consumer information, or failure to communicate the expiration date of the donated prescription drug or supply.
     (3) Any pharmacist, pharmacy, or prescribing practitioner who accepts or dispenses prescription drugs or supplies under this chapter shall not, in the absence of a finding of gross negligence, be subject to criminal prosecution, civil liability, or professional disciplinary action, for injury, death, or loss to person or property relating to accepting or dispensing the prescription drug or supply if the pharmacist, pharmacy, or prescribing practitioner: Meets all the requirements of section 5 of this act; maintains records of any prescription drugs and supplies donated and dispensed under this chapter; and identifies itself to the public as participating in this chapter.
     (4) The immunity provided under this section does not absolve a drug manufacturer of a criminal or civil liability that would have existed but for the donation, nor shall such donation, increase the liability of the drug manufacturer in such an action.

NEW SECTION.  Sec. 7   Access to prescription drugs and supplies under this chapter is subject to availability. Nothing in this chapter establishes an entitlement to receive prescription drugs or supplies through the program.

NEW SECTION.  Sec. 8   Nothing in this chapter restricts the use of samples by a practitioner during the course of the practitioner's duties at a medical facility or pharmacy.

NEW SECTION.  Sec. 9   Nothing in this chapter authorizes the resale of prescription drugs by any person.

NEW SECTION.  Sec. 10   Sections 1 through 9 of this act constitute a new chapter in Title 69 RCW.

NEW SECTION.  Sec. 11   This act takes effect July 1, 2013."