HOUSE BILL REPORT

HB 1765

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Summary of Substitute Bill

Limits the donated drugs that must be stored under required temperature conditions to only drugs equipped with a time/temperature indicator at the point of manufacture.
Changes the donor form for prescription drugs that do not have a time/temperature indicator at the point of manufacture.

Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 17 members: Representatives Cody, Chair; Macri, Vice Chair; Schmick, Ranking Minority Member; Graves, Assistant Ranking Minority Member; Caldier, Clibborn, DeBolt, Harris, Jinkins, MacEwen, Maycumber, Riccelli, Robinson, Rodne, Slatter, Stonier and Tharinger.

Background:

A pharmacy may not accept for return prescription drugs after they have been taken from the premises where sold, distributed, or dispensed, except under limited circumstances. For example, a pharmacy may accept for return drugs legally dispensed by prescription in unit dose forms or in sealed single- or multiple-dose ampoules or vials where the pharmacist can readily determine that entry or attempted entry has not been made and which meet United States Pharmacopeia for storage conditions. A pharmacy may also accept controlled substances for purposes of destruction.

Under the Prescription Drug Donation Program, a practitioner, pharmacist, medical facility, drug manufacturer, or drug wholesaler may donate prescription drugs and supplies to a pharmacy for redistribution without compensation. When redistributing donated drugs, priority is given to patients who are uninsured and have an income of 200 percent of the federal poverty level or less. A drug may only be donated if it was stored under required temperature conditions using the drug's time/temperature indicator information and the donor has completed and signed a donor form to release the drug for distribution and certifying that the drug has never been opened, used, adulterated, or misbranded.

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Summary of Substitute Bill:

To be eligible for donation, only drugs equipped with a time/temperature indicator at the point of manufacture must be stored under required temperature conditions using the drugs' time/temperature indicator information.

The donor form for prescription drugs that do not have a time/temperature indicator at the point of manufacture must include an attestation that the drugs have been stored in a manner that adheres to the conditions established by the manufacturer.

Substitute Bill Compared to Original Bill:

The substitute bill requires the donor form for prescription drugs not equipped with a time/temperature indicator at the point of manufacture include an attestation that the drugs have been stored in a manner that adheres to the conditions established by the manufacturer.

Staff Summary of Public Testimony:

(In support) People battling serious diseases often face tough financial decisions. These people often have difficulty paying out-of-pocket expenses and allowing donated medications can ease this burden. Legislation that passed last year created an unintended consequence by requiring donated medications to have a time/temperature indicator. Since most medications do not have a time/temperature indicator, the legislation inadvertently made most medications ineligible for donation. This bill makes it possible to donate medications not equipped with a time/temperature indicator at the point of manufacture.

(Opposed) None.