Section 641.109.6. Standards and procedures for dispensing donated prescription drugs and supplies.

       109.6(1) Donated drugs and supplies may be dispensed only if the drugs or supplies are prescribed by a health care practitioner for use by an eligible individual and are dispensed by a licensed pharmacist, physician or nurse practitioner.

       109.6(2) A repository shall prioritize dispensing to an individual requesting drugs through the program as follows:

        a.           First, to an indigent individual;

        b.           Second, to an individual who has no active third-party prescription drug reimbursement coverage for the drug prescribed; and

        c.           Third, to any other individual if an indigent or uninsured individual is unavailable.

       109.6(3) A repository shall dispense donated prescription drugs in compliance with applicable federal and state laws and regulations for dispensing prescription drugs, including all requirements relating to packaging, labeling, record keeping, drug utilization review, and patient counseling.

       109.6(4) The centralized repository and a local repository shall remove the original donor’s identification and the name of the dispensing pharmacy from the package prior to dispensing the drugs or supplies.

       109.6(5) The centralized repository and a local repository shall be responsible for drug recalls and shall have an established mechanism to notify recipients in the event of a drug recall.

       109.6(6) Prescription drugs or supplies donated under this program shall not be resold.

       109.6(7) The participating centralized repository and local repositories may distribute drugs and supplies donated under this program to other participating repositories for use pursuant to the program. The repository distributing the drugs or supplies shall complete a transfer form.