BILL REQ. #:  H-3317.1 

Prefiled 01/05/12. Read first time 01/09/12.   Referred to Committee on Health Care & Wellness.

     AN ACT Relating to medication access for the uninsured; adding a new chapter to Title 69 RCW; and providing an effective date.

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

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) "Medical facility" means a physician's office, hospital, health clinic, nursing home, boarding home, or adult family home.
     (3) "Pharmacist" means a person licensed by the board of pharmacy under chapter 18.64 RCW to practice pharmacy.
     (4) "Pharmacy" means a facility licensed by the board of pharmacy under chapter 18.64 RCW in which the practice of pharmacy is conducted.
     (5) "Practitioner" has the same meaning as in RCW 69.41.010.
     (6) "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.
     (7) "Supplies" means the supplies necessary to administer prescription drugs that are donated under the prescription drug redistribution program.

NEW SECTION.  Sec. 2   Any practitioner or medical facility 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 4 of this act. Donations of prescription drugs and supplies may be made on the premises of a pharmacy that elects to participate in the provisions of this chapter. A pharmacy that receives prescription drugs or supplies may distribute the prescription drugs or supplies to another medical facility or pharmacy for use pursuant to the program.

NEW SECTION.  Sec. 3   To be eligible for the immunity in section 6 of this act, a pharmacy must:
     (1) Meet all requirements in section 5 of this act and any applicable rules related to the return or exchange of prescription drugs or supplies adopted by the board of pharmacy;
     (2) Establish forms and procedures to reasonably identify and prioritize patients seeking to receive donated prescription drugs and supplies at no cost under the program;
     (3) Maintain records of any prescription drugs and supplies donated to the pharmacy and subsequently dispensed by the pharmacy; and
     (4) Identify itself to the public as participating in this chapter and make its prioritization policy available to individuals.

NEW SECTION.  Sec. 4   Pharmacies and medical facilities that elect to dispense donated prescription drugs and supplies under this chapter shall give priority to individuals who are either at or below two hundred percent of the federal poverty level or who are uninsured. If a low-income or uninsured 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. 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 under this chapter to a medical facility or pharmacy receives a notice from a pharmacy that prescription drugs or supplies have been recalled, the person shall notify the medical facility or pharmacy of the recall.
     (b) If a pharmacy receives a recall notification from a person who donated prescription drugs or supplies under this chapter, the medical facility or pharmacy shall perform a uniform destruction of all of the recalled prescription drugs or supplies in the medical facility or pharmacy.
     (3) Prescription drugs and supplies donated under this chapter may not be resold.
     (4) Prescription drugs and supplies dispensed under this chapter shall not be eligible for reimbursement under the medical assistance program.

NEW SECTION.  Sec. 6   (1) A drug manufacturer acting in good faith shall not be subject to criminal prosecution or liable for civil damages for injury, death, or loss to a person or property for matters related to the donation, acceptance, or dispensing of a prescription drug manufactured by the drug manufacturer that is donated under this chapter, including liability for failure to transfer or communicate product or consumer information or the expiration date of the donated prescription drugs or supplies, other than acts or omissions constituting gross negligence or willful or wanton misconduct.
     (2) Any person, other than a drug manufacturer subject to subsection (1) of this section, who without compensation or the expectation of compensation and acting in good faith, shall not be subject to criminal prosecution or professional discipline, or liable for civil damages resulting from any act or omission related to the donation, acceptance, distribution, or dispensing of a donated prescription drug under this chapter, other than acts or omissions constituting gross negligence or willful or wanton misconduct.

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 and 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.