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National Conference of State Legislatures (NCSL) 

http://www.ncsl.org/IssuesResearch/Health/StatePrescriptionDrugReturnReuseandRecycl

in/tabid/14425/Default.aspx

Retrieved July 1, 2010. 

Issues & Research » Health » State Prescription Drug Return, Reuse and Recyclin

State Prescription Drug Return, Reuse and Recycling Laws 

 Updated November 2009; material added March 15, 2010 

NCSL has identified and tracked state legislation to create prescription drug “recycling,” “repository” or "redistribution" programs for 

unused medication. While details of the laws vary, most allow the return of prescription drugs in single use or sealed packaging from 

state programs, nursing homes and other medical facilities. The medicines are then redistributed for use by needy residents who 

cannot afford to purchase their prescribed drugs. Some states include provisions for the financial terms of the donations or 

regulating resale. Virtually all laws include some restrictions designed to assure purity, safety and freshness of the products. Unless 

otherwise noted, all programs require: 

 All donated drugs must not be expired and must have a verified future expiration date. [see consumer guidelines] 

 Controlled substances, defined by the federal Drug Enforcement Administration (DEA) usually be excluded and prohibited. 

 A state-licensed pharmacist or pharmacy to be part of the verification and distribution process. 

 Each patient who is to receive a drug must have a valid prescription form in his/her own name. 

At least 38 states and Guam have enacted such laws and programs to date. Not all laws or programs are operational. See state table 

below for further details and definitions. 

Drugs for Cancer: The enacted program designs in six states, Colorado, Florida, Kentucky, Minnesota, Nebraska and 

Wisconsin, focus on accepting and distributing cancer-related prescription drugs. A program is referenced in Michigan but may not 

be operational. 

Legislative History: 1997-present (Enacted laws in bold)

In 1997, Georgia passed the first known state law permitting reuse within a long-term care facility. In 1998 Louisiana began a 

pilot program without statutory authority. 

In 2000, Connecticut enacted the second of the earliest laws; in 2001 Oklahoma and Montana authorized long-term-care based 

programs; in 2002, New Jersey and Virginia enacted authorizing language; in 2003 Ohio and Florida authorized a program; in 

2004 Massachusetts and Louisiana enacted similar laws; Michigan permitted the Department of Corrections to redistribute drug 

products. 

In 2005, the following 21 states considered legislation on this topic : Arkansas, California, Colorado, Connecticut, Georgia, 

Indiana, Iowa, Kentucky, Maine, Massachusetts, Michigan, Minnesota, Nebraska, Oklahoma, Pennsylvania, Rhode Island, 

Virginia, Washington, West Virginia, Wisconsin and Wyoming. 

In 2006, the following 25 states considered legislation on this topic: Alabama, Arizona, Florida, Georgia, Illinois, Louisiana, 

Maryland, Massachusetts, Michigan, Minnesota, Missouri, Mississippi, Nebraska, Ohio, Oklahoma, Pennsylvania, Rhode Island, 

South Carolina, Tennessee, Vermont, Washington, West Virginia, Wisconsin. 

In 2007, the following 15 states considered legislation on this topic: Alabama, Colorado, Illinois, Maine, Massachusetts, Minnesota, 

Mississippi, New Mexico, New York, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas 

and Wisconsin.

In 2008, Kansas added a reuse program, signed into law 3/20/08; Minnesota expanded an earlier program; Pennsylvania

created a cancer reuse repository. Ten other states, including Alaska, Illinois, Massachusetts, Nebraska, New Mexico, New York, 

Oklahoma, South Carolina and West Virginia considered legislation that was not passed. [Revised 4/09] 

In 2009, New Mexico created a reuse program within the Corrections Department; Virginia expanded its program to allow both 
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hospitals and clinics to dispense donated drugs. Additional laws passed in IA, ID, MT, NE, NV (2), OR, VA (4) and WY.

In 2010: Pennsylvania Senate OKs bill allowing jails to recycle unused medicine - Pittsburgh Tribune-Review 

The state Senate this week approved legislation allowing jails to redistribute their unopened prescription medicines. It's a cost-cutting 

measure that's already being done at the Armstrong County Jail in Rayburn. Read More

Evidence of Effectiveness: It is still too early to know the overall impact these programs will have on offsetting the costs of 

caring for the uninsured in emergency rooms and clinics. But hopes are high in some states. For example, between March and 

December 2007, Iowa’s drug recycling program collected 319,000 dosage units worth an estimated $292,000, according to the 

Associated Press. The main obstacles: lack of awareness about the programs and added work for repository sites accepting the 

donations. 

Practical Guidelines for Consumers Hoping to Donate Drugs 

Most state programs described in this report have substantial restrictions on who can donate, and what types of prescription 

products may be donated. Very strict safety rules also apply, intended to protect the patient that ultimately obtains and takes the 

drug. See the state law table below for specific examples or language. 

In many states, all donations must meet standards such as: 

 Only certain, professionally-designated persons can make a donation. For example the Kansas law states, "Health facilities 

and pharmacies;" Connecticut, Pennsylvania and Rhode Island have similar limitations. Other states do allow patients to donate 

directly, for example, Arizona, Florida and Iowa. 

 Pills in opened or partly used bottles are never accepted. Generally the packaging must be intact, meeting an

exact standard such as the Kentucky law, "Upon inspection, the drug must be in its original, unopened, sealed, and tamperevident unit dose packaging." 

 Old drugs are never accepted. Expiration dates must be visible, and usually at least six months later than the date of 

donation. (Many prescription products carry an expiration date approximately one year after the original date of the purchase) 

 Commonly, donated drugs must be delivered to a specific type of medical or pharmacy facility. Some may require the 

donor to sign a form or waiver. 

 Usually financial compensation is prohibited. Donations may be tax-deductable if paid for by the individual patient and 

taxpayer. Beyond donation programs, patients and other individuals may not sell any prescription drugs - such transactions are 

strictly regulated by State Boards of Pharmacy and other state and federal laws. 

 If your goal as a consumer is simply to protect your local water supply or clean out your medicine cabinet, these programs 

will not meet your needs. 

 If you wish to participate, check with a local pharmacy or prescriber for practical advice on what may work in your 

situation, in your state. 

Disclaimer: NCSL provides material about state laws as general information, primarily for policymakers. No information in this 

report is intended as personal legal or medical advice; NCSL is not responsible for any such uses or application of material in this 

report. 

 

Recent Resources 

 NCSL Article: "Donating Unused Drugs" - State Legislatures Magazine, July/August 2008. 

 Kansas sets up program to redistribute unused meds, AP news article: May 5, 2009. 
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 Hurdles Facing Unused Prescription Drug Repositories: State-legislated programs for the donation of unused drugs 

have seen limited success. Scientific American, January 29, 2009. 

 Massachusetts: "Opportunity to Save Millions Missed" - Rep. Bard Jones newsletter, 12/30/09.

State Programs - Alphabetical Order 

The state table below includes two categories: 39 states with some enacted and/or operational program and 4 additional states with 

restricted purpose programs or policies. For the details of each law, please click the hyperlinked state name or see the state’s 

website. This chart reflects the language enacted into law on the dates indicated; recent enacted laws are updated as of May 2009. 

States may have additional regulations or executive agency guidelines that clarify or modify the terms described below. 

STATE 

Bill #; Year

DESCRIPTION; HISTORY

Arizona

HB 2382 

Rep. Groe 

(2006) 

What Rx: Accept only in original sealed & tamper-evident unit dose packaging. Rx Board will issue list of unacceptable products. 

Who can donate: Person, manufacturer or health care institution. 

Who accepts: Pharmacy, hospital, nonprofit clinic that volunteers to participate. 

Donated to: Only state residents who meet eligibility standards set by Board. 

Restrictions: Expiration must be more than 6 months from donation date. Recipient must sign waiver form 

about the source and non-liability. 

Program Status: Final Regulations promulgated, effective 6/6/08; Program not operational as of August 2009. 

Arkansas

HB 1031 

Rep. Mahony 

(2005) 

What Rx: Accepts drugs only in their original sealed and tamper-evident packaging. 

Who can donate: Nursing facility by the clinic pharmacy. 

Who accepts: Charitable clinic pharmacies. 

Donated to: Appropriately screened and qualified indigent patients who are not eligible for Medicaid but 

cannot afford private health insurance. 

Restrictions: The charitable clinic pharmacy cannot accept controlled substances. No product of which the 

integrity cannot be assured is accepted for re-dispensing. 

Program Status: Signed into law by governor as Act 132, 2/15/05. Scheduled effective date: August 2005; 

Program currently operational. 

California

SB 798 

Sen. Simitian 

(2005) 

 

What Rx: Drugs that are received and maintained in their unopened, tamper-evident packaging. 

Who can donate: Licensed health facilities, licensed pharmacies, and drug manufacturers that are legally 

authorized under federal law to manufacture and sell pharmaceutical drugs. 

Who accepts: Local ordinances established by counties that elect to create such a repository and distribution 

program. 

Donated to: Persons in need of financial assistance to ensure access to necessary pharmaceutical therapies. 

Restrictions: Must be ensured that drugs received have not been in the possession of any individual member of 

the public. 

Program Status: Signed into law by governor as Chapter 444, 9/30/05; Program not operational as of August 

2009. 

Colorado

SB 07-231 

Sen. Tochtrop 

(2007) 

 

What Rx: Unused cancer drugs or medical devices. 

Who can donate: Cancer patients or the patients' family. 

Who accepts: Health care facilities, medical clinics or pharmacies that elect to participate in the program. 

Donated to: Eligible health care facilities, medical clinics or pharmacies for use under the program as well as 

eligible patients. 

Restrictions: Cancer drugs or medical devices needs to be prescribed by a practitioner, as defined in section 

12-22-102 (27), C.R.S., for use by an eligible patient and is dispensed by a pharmacist. 

Program Status: The Act took effect 8/8/07; Program currently operational. 
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Connecticut

HB 6002 

Rep. Lyons 

(2000) 

 

What Rx: Drug products. 

Who can donate: Long-term care facilities. 

Who accepts: Vendor pharmacy or the Department of Social services for drug repackaging and 

reimbursement. 

Donated to: Eligible patients. 

Restrictions: Prescription drug products that are not controlled substances, sealed in individually packaged 

units, returned to the vendor pharmacy within the recommended period of shelf life for the purpose of 

redispensing such drug products, determined to be of acceptable integrity by a licensed pharmacist. 

Program Status: Signed by governor 6/21/00; Program currently operational. 

Florida

SB22A 

(2003) 

HB 371 

Rep. Harrell 

(2006) 

 

What Rx: Unused cancer drugs or supplies in its original, unopened, sealed and tamper-evident unit dose 

packaging. 

Who can donate: A person, health care facility, hospital, pharmacy, drug manufacturer, medical device 

manufacturer or supplier, wholesaler of drugs or supplies, or any other entity may donate. 

Who accepts: A physician's office, pharmacy, hospital, hospice, or health care clinic that participates in the 

program. 

Donated to: Residents, except those Medicaid-eligible or under any other prescription drug program funded in 

whole or in part by the state are ineligible to participate. 

Restrictions: All drugs submitted to the program will be administered by a pharmacist to determine the drugs 

and supplies are not adulterated or misbranded. Additionally a cancer drug may not be accepted or dispensed 

under the program if such drug bears an expiration date that is less than six months after the date the drug was 

donated. 

Program Status: Fla. Stat. §409.908. The act took effect July 1, 2006; Program currently Operational. 

Georgia

HB 430 

Rep. Cooper 

(2006) 

 

What Rx: Unused prescription drugs, but not those defined as controlled substances. 

Who can donate: Any person, including a drug manufacturer or any health care facility, may donate 

prescription drugs to the drug repository program. 

Who accepts: Any pharmacy, hospital, or nonprofit clinic that elects to participate in the drug repository 

program and meets criteria for participation in the program. 

Donated to: Medically indigent persons who are residents of Georgia. 

Restrictions: Only drugs in their original sealed and tamper-evident unit dose packaging may be accepted and 

dispensed. The packaging must be unopened, except that drugs packaged in single unit doses may be accepted 

and dispensed when the outside packaging is opened if the single unit dose packaging is undisturbed. Drugs 

donated by individuals must have an expiration date that is more than six months from the date the drug is 

donated. 

Program Status: The state-wide program required by this Code section was to be implemented no later than 

January 1, 2007. 

Guam

Chapter 5 

(2004) 

What Rx: Prescription drugs, non-prescription drugs, over the counter drugs, medical supplies, and other items 

that are identified, dated, and transported to the Medicine Bank in accordance with accepted and required 

standards established by Guam law, Federal law and/or Federal guidelines to include the United States, Food and 

Drug Administration. 

Who can donate: Any pharmacy, wholesale prescription drug distributor, pharmaceutical company, institutional 

facility, or practitioner, as well as, charitable, religious, or nonprofit organizations. 

Who accepts: Medicine Bank, created at Community Health Centers and various institutional facilities that are 

government owned and operated. 

Donated to: Eligible individuals in need as defined by the Guam MIP law or the Medicaid Poverty Guidelines. 

Restrictions: No medication which has been previously dispensed by a practitioner to a private citizen will be 

accepted. Materials received which are not prescription medicines such as over-the-counter medicines, home 
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health equipment, medical supplies, and any other items, will also be carefully inspected upon receipt. They must 

be judged fit for use before being distributed or will be properly disposed of in accordance with Guam law. 

Program Status: Signed into law, 2004 as §5103 & 5104. 

Hawaii

HB 2005 final 

Rep. Say 

(2004) 

 

What Rx: Prescription drugs previously dispensed or distributed by a pharmacy for administration to patients in 

an institutional facility by personnel of the institutional facility may be returned to the pharmacist. 

Who can donate: Patients or personnel of an institutional facility with unused drugs. 

Who accepts: Institutional facilities or repositories of the state of Hawaii. 

Donated to: Pharmacists. 

Restrictions: The prescription drugs should be returned only to the original dispensing pharmacy. Also, 

prescription drugs from individual members of the public are not accepted for reuse. 

Program Status: This act should take effect on July 1, 2004, and will sunset on July 1, 2010; Program not 

operational as of August 2009. 

Indiana

HB 1251 

Rep. Becker 

(2004) 

What Rx: Unused medications. 

Who can donate: Health facilities with unused drugs. 

Who accepts: Pharmacy or pharmacist who initially dispensed the medication. 

Donated to: Pharmacists, hospitals, health care facilities or practitioners. 

Restrictions: Requires the office of Medicaid policy and planning (office) to review the process of returning 

unused medication. 

Program Status: Statute Sec. 1 - 6 effective 07/01/04; Program not operational as of August 2009. 

Iowa

HF 724 

Human 

Resources 

(2005) 

 

What Rx: Prescription drugs and supplies. 

Who can donate: Any person may donate prescription drugs and supplies. 

Who accepts: Medical facilities or pharmacies that elect to participate in the program and meetthe 

requirements established by the department. Donated to: Drugs may be donated to individuals or may be 

distributed to another eligible medical facility or pharmacy for use. 

Restrictions: Must be inspected to assure the prescription drug or supplies have not been adulterated 

ormisbranded. The drug must be in its original sealed andtamper-evident packaging. 

Program Status: The bill was approved and signed by the governor on May 3, 2005. NABP reports "rules in 

development establishing a Drug Donation Repository." As of 12/07. Dept. of Public Heath Regulations ARC 

5563B (Chapter 109) Effective March 2007; Program currently Operational. 

The Iowa Prescription Drug Corporation is a not-for-profit organization that administers programs designed to

help ease the financial burden of the high cost of prescription medications for uninsured and under-insured 

Iowans. The corporation contracts with the Iowa Dept. of Public Health to operate the Iowa Prescription Drug 

Donation Repository Program. Web site:http://www.iowapdc.org/Drug%20Donation.htm; Toll Free: 1-866-282-

5817; Email: info@iowapriority.org. [updated 9/09]

Kansas

HB 2578 

House 

Appropriations 

Comm. 

 

What Rx: Unused medications; excludes controlled substances. 

Who can donate: Residents of adult care homes and donating entities that volunteer to participate in the 

program. 

Who accepts: A qualifying center or clinic in consultation with a pharmacist. 

Donated to: Medically indigent residents of Kansas. 

Restrictions: The medications must come from a controlled storage unit of a donating entity and be in its 

original packaging or tamper-evident packaging. Drugs purchased under Medicaid or SCHIP do not apply. 

Program Status: Signed into law by governor on March 20, 2008. (KS Article 5/5/09); Program currently 

operational. 

Kentucky

SB 23 

Sen. Denton 

What Rx: Cancer prescription "Legend" drugs or supplies needed to administer such drugs. 

Who can donate: Health facilities and pharmacies. 

Who accepts: Donations can be made on the premises of a health facility or pharmacy that elects to participate 

in the program and meets requirements specified by the cabinet by an administrative regulation promulgated by 
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(2005) 

 

the cabinet. 

Donated to: Individuals who meet the eligibility criteria specified by an administrative regulation promulgated 

by the cabinet or eligible health facility or pharmacy for use under the program. 

Restrictions: The legend drug cannot be classified as a controlled substance. Upon inspection, the drug must 

be in its original, unopened, sealed, and tamper-evident unit dose packaging. In addition, the legend drug or 

supplies must be prescribed by a physician, advanced registered nurse practitioner, or physician assistant and 

dispensed by a pharmacist. 

Program Status: Signed into law by the governor on March 18, 2005; Program not operational as of August 

2009. 

Louisiana

HB 1402 

Rep. Walker 

(2004) 

 

 

Louisiana

SB 19 

Sen. McPherson

(2006) 

 

What Rx: Prescription drugs. 

Who can donate: Any person, including a drug manufacturer, hospital, health care facility, or governmental 

entity. 

Who accepts: Charitable pharmacies. 

Donated to: Appropriately screened and qualified patients. 

Restrictions: Drugs must be in their original sealed and tamper-evident packaging. In addition, donor shall 

execute a form stating the donation of the drugs. The pharmacy should retain that form along with other 

acquisition records. 

Program Status: A pilot program began in 1998 without statutory authority. 

HB 1402 Signed into law as Act 811 of 2004; Program effective August 15, 2004. 

What Rx: Unused portions of or surplus prescription drugs that are within the expiration date. 

Who can donate: A hospital, health care facility, or governmental entity enrolled in the Medicaid program. 

Who accepts: Charitable pharmacies. 

Donated to: Medically indigent residents of Louisiana. 

Restrictions: Drugs must be in their original sealed and tamper-evident packaging. Pharmacists of the 

charitable pharmacies should determine if the drug is not adulterated or misbranded and is safe to dispense. 

Program Status: Signed into law by governor as Act 643 of 2006, 6/29/06; Program currently Operational. 

Maine

HP 105 

Rep. Watson 

(2005) 

HP 327/ 

LD 411

Rep. Perry 

(2007) 

 

 

What Rx: Unused prescription drugs. 

Who can donate: Drug manufacturers, drug wholesale or terminal distributors, hospitals, health clinics, 

federally qualified health centers, Indian health centers and rural health centers and assisted living facilities 

licensed by the department. 

Who accepts: Pharmacies, hospitals, health clinics and federally qualified health centers, Indian health centers 

and rural health centers. Donated to: Qualified residents of Maine, which include family income below 350% of 

the federal non-farm income official poverty level and not receiving benefits from Mainecare. 

Restrictions: The program will only accept prescription drugs that are unopened and packaged in tamperevident unit dose packages or that are unopened injectable, aerosol or topical medications. 

Program Status: Signed into law by governor as Chapter 20, 5/31/05. 

A 2007 law, Special Act Chapter 27, signed 6/27/07, provided $300,000 funding for the Miane Drug Enforcement 

Agency to establish a pilot program for retun of unused prescription drugs by mail, "consistent with the Main 

Drug Return Implementation Group established by Public Law chapter 670 of 2003. 
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Maryland

SB 1059 

Sen. Teitelbaum

(2006) 

 

 

What Rx: Prescription drugs or medical supplies. 

Who can donate: Any person. 

Who accepts: Board approved drop-off sites and/or repositories which meets specified criteria. 

Donated to: A needy patient who is a resident of Maryland, as indicated by the individual’s health care 

practitioner. 

Restrictions: The drugs must be in their original unopened and sealed packaging; or packaged in tamperevident unit dose packaging and unadulterated. The donor must sign a statement that indicates the donor is the 

owner of the drugs and are voluntarily offering them to the program. Controlled dangerous substances may not 

be donated. 

Program Status: Signed by governor as Chapter 287, 5/2/06. Effective July 1, 2006; Program currently 

Operational. 

Massachusetts

Ch. 111, Section 

25I 

(2004) 

 

What Rx: Unused medications. 

Who can donate: Residents or consultant pharmacist in a health care facility. 

Who accepts: Health care facilities. 

Donated to: Eligible residents of Massachusetts. 

Restrictions: The donated medication should be sealed in unopened, individually packaged units and within the 

recommended period of shelf life. Excluded are schedule I or II controlled substances as defined in MA chapter

ninety-four C. 

Program Status: Signed by governor in 2004; Program currently Operational. 

Opinion article: Massachusetts: "Opportunity to Svae Millions Missed" - Rep. Bard Jones newsletter, 

12/30/09.

Michigan 

Public Act 329 of 

2004

Rep. Pumford 

(2004) 

What Rx: Drug repostory program for corrections. A separate cancer program is referenced in Michigan but 

may not be operational. 

Who can donate: The Michigan Department of Corrections (DOC) is permitted to return and reuse medications.

Restrictions/Analysis: The DOC estimates that redistributing unused medications would save 

approximately $800,000 per year, but the actual extent of the savings would depend on both the costs of the 

redispensed medications and the frequency with which they otherwise would have been discarded. The DOC’s 

estimate, however, did not assume that only unitpackaged medications could be reused. This provision likely 

would diminish potential savings. Link to analysis of HB 6021 | Bill summary by House Fiscal Agency, 2004

Program status: HB 6021 by was signed as Public Act 329, effective September 23, 2004. The public program 

may not be operational. 

Minnesota

Statute 151.55 

(2007) 

What Rx: Cancer drugs or supplies. 

Who can donate: A pharmacy, medical facility, drug manufacturer, or wholesale drug distributor, can donate if 

the donated drugs have not been previously dispensed. In addition, any individual over the age of 18 may 

donate. 

Who accepts: Pharmacies or medical facilities on the premises that volunteer to participate in the program. The 

medical facilities or pharmacies need to be licensed and in compliance with all applicable federal and state laws 

and administrative rules. 

Donated to: Any Minnesota resident who is diagnosed with cancer is eligible to receive drugs or supplies. The 

drugs will be distributed upon a priority base. 

Restrictions: Drugs must be in its original, unopened, tamper-evident unit dose packaging and not adulterated 

or misbranded. The donation must also be accompanied by a cancer drug repository donor form that is signed by 

the person making the donation or that person's authorized representative. 

Program Status: Statute effective 2007; Program Operational as of August 2009. 

SF 2941 expanding terms for a state repository and reuse of unused drugs program. (Passed Senate; passed 

House; signed into law as Chapter 327 of 2008, 5/15/08) | 

Mississippi What Rx: Prescription drugs. 

Who can donate: The State Board of Pharmacy; the State Department of Health; the Division of Medicaid; any 
8

Miss. Code Ann. 

§ 43-13-503 

(2004) 

 

person, including a drug manufacturer, or health care facility or government entity. 

Who accepts: Any pharmacy, hospital, nonprofit clinic or health care professional. 

Donated to: Individuals who meet the eligibility standards or to other government entities and nonprofit private 

entities to be dispensed to individuals who meet the eligibility standards. 

Restrictions: Only drugs in their original sealed and tamper-evident packaging may be accepted and dispensed.

Program Status: The drug repository program shall be fully implemented not later than July 1, 2005; Program 

not operational as of August 2009. 

Missouri

HB 898, 

SB 1160 

Sen. Shields 

(2004) 

Missouri 

HB 1687

Rep. Mark 

Wright 

(2006) 

 

What Rx: Sealed and unopened prescription drugs. 

Who can donate: Any person or entity may donate prescription drugs. 

Who accepts: Any pharmacy, hospital, or non-profit clinic that elects to participate in the program. 

Donated to: Eligible Missouri residents. 

Restrictions: Prescription drugs must be in their original sealed and tamper-evident unit dose packaging. 

Prescription drugs donated by individuals should bear the manufacturer's lot number and an expiration date that 

is more than six months from the date the prescription drug is donated. 

Program Status: The act was effective 8/28/04; Program currently operational. 

What Rx: Prescription drugs. 

Who can donate: Any person, including but not limited to a prescription drug manufacturer or health care 

facility, may donate prescription drugs to the prescription drug repository program. 

Who accepts: Any pharmacy, hospital, or nonprofit clinic that elects to participate in the prescription drug 

repository program and meets the criteria for participation established by rule of the department pursuant to 

section 196.984. 

Donated to: People who are residents of Missouri and who meet the eligibility requirements of the program, or 

to other governmental entities and nonprofit private entities to be dispensed to persons who meet the eligibility

requirements of the program. 

Program Status: Approved by governor 07/12/2006. Appears to be not yet operational as of 4/09. 

Montana

SB 288 

Sen. Christiaens

(2001) 

 

What Rx: Unused prescription drugs. 

Who can donate: Long-term care facilities. 

Who accepts: Provisional community pharmacies. 

Donated to: Qualified patients for transfer free of charge or at a reduced charge to those individuals. 

Restrictions: Drugs defined as a dangerous drug or a drug designated as a precursor to a controlled substance 

cannot be accepted. 

Program Status: This act was effective 10/1/01; it was to be fully implemented by 1/1/05; Program currently 

operational. 

Nebraska

LB 756 

Sen. McDonald

(2003) 

LB 331 

What Rx: Cancer drugs. 

Who can donate: Any person or entity, including, but not limited to, a cancer drug manufacturer or health care 

facility. 

Who accepts: Any physician's office, pharmacy, hospital, or health clinic that elects to participate in the 

program and meets criteria established by the department for such participation. 

Donated to: Eligible Nebraska residents. 

Restrictions: The drug needs to be in its original, unopened, sealed, and tamper-evident unit dose packaging, 

except that a cancer drug packaged in single unit doses may be accepted and dispensed if the outside packaging 
9

(2005) 

LB 1116 

(2006) 

is opened but the single-unit-dose packaging is unopened. 

Program Status: The Act, RRS Neb. 71-2424 et seq., became operative on 9/15/03. 

In addition, LB 1116 of 2006 clarified the program, including eliminating a restriction on the number of doses 

that can be donated; allowing donation of injectible cancer drugs and requiring donation forms to incljde the 

name of the original patient. (Signed into law 3/13/06)

Nevada

SB 327 

Sen. Wiener 

(2003) 

 

 

What Rx: Prescription drugs. 

Who can donate: A public or private mental health facility may return a prescription drug that is dispensed to a 

patient of the facility, but will not be used by that patient. 

Who accepts: A dispensing pharmacy. 

Donated to: The drug will be used to fill other prescriptions for patients in the pharmacy facility. 

Restrictions: The drug cannot be a schedule II drug specified in or pursuant to chapter 453 of NRS. The drug 

must be dispensed in a unit dose, in individually sealed doses or in a bottle that is sealed by the manufacturer of 

the drug. 

Program Status: The act becomes effective on July 1, 2003; Program currently operational. 

New Hampshire 

 

What Rx: 

Who Can Donate: 

Program Status: State law, N.H. RSA §318.58 authorizes a reuse program. It is not operational as of 

December 2009. 

New Jersey

Title 24 

Assemblyman 

Conaway 

(2007) 

What Rx: Prescription drugs. 

Who can donate: Unopened, unexpired prescription drugs dispensed to, but not used by, a patient within a 

licensed health care facility, may be reused at the facility in accordance with regulations issued by the State 

Board of Pharmacy. 

Restructions: Must be unopened and unexpired. 

Program Status: This provision was not operational as of 12/2007 according to the National Association of 

Boards of Pharmacy; No program in operation as of August 2009. 

New Mexico

SN 82

Sen. Beffort 

(2009) 

What Rx: Unused medication 

Who can donate: A corrections facility that has a registered or licensed nurse. 

Who accepts: A pharmacy operated by, or under contract with, the Corrections Department . 

Restrictions: Product "has not been altered, defaced or tampered with and include the identity, strength, 

expiration date and lot number of the prescription drug; and the prescription drug was dispensed in a unit-dose 

package or unit-of-issue package." 

Program Status: Signed into law by governor as Chapter No. 2009-236, 4/7/2009; Program currently 

operational. 

New York

S 2803-e 

Sen. Golden 

(2007) 

What Rx: Unused medication. 

Who can donate: A resident or consultant pharmacist or his designee in a residential health care facility. 

Who accepts: The pharmacy from which the medication was purchased. 

Donated to: Eligible New York residents. 

Restrictions: The medication must be unopened in the original manufacturer's packaging and must be in 

tamper evident packaging. 

Program Status: The new law was referred to the NY Health Department on 1/9/08. 
10

 

North Dakota

HB 1256 

Rep. Weisz 

(2007) 

 

What Rx: Legend drugs, devices, or supplies. 

Who can donate: Any person or entity. 

Who accepts: Practitioners or pharmacies that meets the criteria established for participation in the program. 

Donated to: Eligible patients. 

Restrictions: A drug donated, prescribed, or dispensed under the program must be in the original, unopened, 

sealed, and tamper-evident unit dose packaging, except a drug packaged in single-unit doses may be accepted

and dispensed if the outside packaging has been opened and the single-unit-dose package is unopened. 

Program Status: Signed into law by governor in April 2007; Program currently operational. 

Patients may find out if a prescription is available by visiting www.nodakpharmacy.com. A drug donor form can 

be printed online. To find participating pharmacies and available drugs, devices and supplies, residents can visit 

www.freemedsnd.com, sponsored by the North Dakota Board of Pharmacy and the North Dakota Pharmacists 

Association. 

[updated 9/09]

Ohio

HB 221 

Rep. Schuring 

(2003) 

 

 

What Rx: Prescription drugs. 

Who can donate: Any person, including a drug manufacturer or health care facility. 

Who accepts: Any pharmacy, hospital, or nonprofit clinic that has elected to participate in the program and 

meets certain eligibility requirements established in rules adopted by the Board. 

Donated to: Individuals with a prescription issued by a health care professional authorized to prescribe drugs. 

Restrictions: Drugs must be in their original sealed and tamper-evident unit dose packaging. 

Program Status: Signed by governor 1/6/03; Program currently operational. 

Oklahoma

HB 1297 

Rep. Gilbert 

(2001) 

SB 1640 

Sen. Johnson 

(2006) 

What Rx: Unused prescription drugs. 

Who can donate: Drugs may be transferred from residential care homes, nursing facilities, assisted living 

centers, public intermediate care facilities for people with mental retardation (ICF/MR) or pharmaceutical 

manufacturers. 

Who accepts: Any pharmacies operated by a county, pharmacy operated by a city-county health department or 

a pharmacy under contract with a city-county health department, a pharmacy operated by the Department of 

Mental Health and Substance Abuse Services or a charitable clinic for the purpose of distributing the unused 

prescription medications. 

Donated to: Oklahoma residents who are medically indigent. 

Restrictions: Prescription drugs defined as controlled substances will not be accepted. 

Program Status: This act became effective 11/1/06; Program currently operational. 

Pennsylvania 

SB 638

Sen. Wonderling

(2008) 

What Rx: Unused cancer drugs 

Who can donate: health care facility, health clinic, hospital, pharmacy or physician's office. 

Who accepts: Authorized participating pharmacies, designated by the Cancer Drug Repository Program of the 

State Board of Pharmacy. 

Donated to: Needy residents, as dedfined in "Income eligibility criteria and other standards and procedures for 

individuals participating in the program, determined by the Department of Public Welfare and the Pharmacy 

Board. 

Restrictions: Unit dose medication must be maintained by a health care facility, health clinic, hospital, 

pharmacy or physician's office rather than an individual patient, as "part of a closed drug delivery system." 

Expiration date must be at least six months in the future. A pharmacy "may charge a handling fee", to be 

determined by the Board of Pharmacy. Regulations to be drafted within 90days of effective date. 

Program Status: signed into law by governor as Act No. 14 on 5/13/08; effective date 7/12/08; Program not 

operational as of August 2009. 
11

Rhode Island

HB 5107 

Rep. Sullivan 

(2005) 

HB 5850 

(2007) 

What Rx: Unused prescription medication. 

Who can donate: Nursing homes, assisted living centers and prescription drug manufacturers. 

Who accepts: Authorized participating pharmacies. 

Donated to: Medically indigent Rhode Island residents. 

Restrictions: The packaging of the medication should not be opened, except cancer drugs packaged in singleunit doses. 

Program Status: The program was scheduled to begin 1/1/06. In 2007 HB 5850 extended the implemention 

date to 4/1/07 and required notification to all nursing homes of the new program; Program not operational as of 

August 2009. 

South Dakota

HB 1165 

Rep. Glenski 

(2004) 

 

What Rx: Unused unit dose drugs. 

Who can donate: Patients in hospice programs, nursing facilities, or assisted living facilities. 

Who accepts: Hospice programs, nursing facilities, or assisted living facilities. 

Donated to: Eligible patients. 

Restrictions: The drugs are provided in the manufacturer's unit dose packaging or are repackaged by the 

pharmacy in a hermetically sealed single unit dose container. 

Program Status: Signed by governor 2/19/04; Program not operational as of August 2009. 

Tennessee

HB 3560 & SB 

3660 

Sen. Haynes 

(2006) 

What Rx: Unused prescription medications; controlled substances are excluded. 

Who can donate: Nursing homes or hospice services programs. 

Who accepts: Charitable clinic pharmacies. 

Donated to: Tennessee residents who are indigent. 

Restrictions: Drugs only in their original sealed and tamper-evident packaging should be accepted. 

Program Status: The act took effect 7/1/06; Program currently operational. 

Texas

SB 1896 

Sen. Lucio 

(2007) 

 

What Rx: Unused drugs; controlled substances are excluded. 

Who can donate: A pharmacist who practices in or serves as a consultant for a health care facility or a licensed 

health care professional responsible for administration of drugs in a penal institution. 

Who accepts: Pharmacies. 

Donated to: Eligible patients. 

Restrictions: Drugs must be sealed in unopened tamper-evident packaging and either individually packaged or 

packaged in unit-dose packaging. 

Program Status: Signed into law by governor 6/15/07; Program currently operational. 

Utah

58-17b-503 

Rep. Last 

(2005) 

 

What Rx: Unused drugs. 

Who can donate: A pharmacist may accept back and redistribute any unused drug, or a part of it, after it has 

left the premises of the pharmacy. 

Who accepts: n/a 

Donated to: n/a 

Restrictions: The drug must have been prescribed to a patient in a nursing care facility, an ICFMR, or state 

prison facility, county jail, or state hospital; the drug must have been stored under the supervision of a licensed 

health care provider according to manufacturer recommendations; the drug should be in a unit pack or in the 

manufacturer's sealed container; the drug should have been returned to the original dispensing pharmacy; the

drug should have initially dispensed by a licensed pharmacist or licensed pharmacy intern; and back and 

redistribution of the drug complies with Federal Food and Drug Administration and Drug Enforcement 

Administration regulations. 

Program Status: This law became effective on July 1, 2005; Program not operational as of August 2009 

Vermont What Rx: Any unsold or unused prescription drugs and medical supplies that the facility or distributor cannot 

sell or otherwise use. 
12

H.711 

Rep. Canfield 

(2005) 

Who can donate: Any health care facility and wholesale drug distributor.

Who accepts: Any participating pharmacy, hospital, or nonprofit clinic. 

Donated to: Vermont residents who meet the eligibility standards. 

Restrictions: Drugs or medical supplies must be in their original sealed and tamper-evident unit dose packaging 

to be accepted and dispensed, except for drugs packaged in single unit doses when the outside packaging is 

opened if the single unit dose packaging is undisturbed. The board of pharmacy shall allow donation of only 

those drugs bearing an expiration date that is less than six months beyond the date the drug is donated and

shall allow drugs to be dispensed only when the expiration date is more than one month from the date of 

dispensing. 

Program Status: 01/24/2006. 

Virginia 

HB 154 

(2002) 

HB 1854 

Del. Eisenberg 

(2005) 

HB 2682 

Del. Eisenberg 

(2009) 

What Rx: Prescription drugs. 

Who can donate: Hospitals are authorized to donate drugs that were originally dispensed to hospital patients, 

but have been returned. 

Who accepts: Pharmacies. May be redispensed by clinics (2005) and hospitals (as of 2009 law) 

Donated to: Indigent patients, without charge. 

Restrictions: The pharmacist-in-charge at the pharmacy shall be responsible for determining the suitability of 

the product for re-dispensing. A re-dispensed prescription shall not be assigned an expiration date beyond the 

expiration date or beyond-use date on the label from the first dispensing and no product shall be re-dispensed 

more than one time. No product shall be accepted for re-dispensing by the pharmacist where integrity cannot be 

assured. 

Program Status: H 154 signed 4/6/02. HB 1854 Signed by governor as Chapter 68, 3/24/05; Program currently 

Operational. 

2009 HB 2682 signed as Chapter No. 114, 2/5/09. Statute: Va. Code Ann. 54-3411.1 

Wisconsin

SB 56 

Sen. Fitzgerald 

(2003) 

 

Wisconsin

AB 845 

Rep. Underheim

(2004) 

Wisconsin

AB 197 

Rep. Vukmir 

(2005) 

What Rx: Prescription drugs. 

Who can donate: State prison pharmacies. 

Who accepts: State prison pharmacies. 

Donated to: Any patients in any state prison. 

Restrictions: The prescription drug should never have been in the possession of the patient to whom it was 

originally prescribed. The prescription drug is returned in its original container. A pharmacist determines that the 

prescription drug has not been adulterated or misbranded. 

Program Status: Approved by governor 8/20/03. 

What Rx: Cancer drugs or supplies. 

Who can donate: Any person or entity. 

Who accepts: Medical facilities or pharmacies that elects to participate in the program and meets requirements 

specified by rule by the department.

Donated to: Individuals who meets eligibility criteria or to another eligible medical facility or pharmacy for use 

under the program.

Restrictions: The cancer drug or supplies needed to administer a cancer drug must be in its original, unopened, 

sealed, and tamper-evident unit dose packaging or, if packaged in single-unit doses, the single-unit-dose 

packaging must be unopened. 

Program Status: Enacted April 6, 2004. What Rx: Expands Wisconsin’s Rx recycling cancer drug repository to 
13

include prescription drugs and supplies for all other chronic diseases such as diabetes. 

Program Status: Signed into law by governor as Act 16, 7/5/05. 

Wyoming 

HB 194 

Rep. Hastert 

(2005) 

 

What Rx: Prescription drugs. 

Who can donate: Any person or entity, including but not limited to a drug manufacturer, physician or health 

care facility. 

Who accepts: Any physician's office, a pharmacy or health care facility that elects to participate in the program 

and meets criteria established by the department. 

Donated to: Wyoming residents. 

Restrictions: Drugs shall be accepted or dispensed under the drug donation program only if they are in their 

original, unopened, sealed packaging or, if the outside packaging is opened, the contents are single unit doses 

that are individually contained in unopened, tamper evident packaging. 

Program Status: Signed by governor as Chapter 158, 3/2/05; Program currently operational. 

Restricted Purpose State Programs or Policies 

North Carolina Specific guidelines are being developed for a drug repository/return program. ♦

Oregon 

Repository not permitted. Return and reuse is permitted only in long-term-care pharmacies where drugs have 

remained in the control of facility staff and are packaged in tamper-resistant containers. ♦

South Carolina 

Repository/donation not permitted. Return and reuse of medications are allowed with pharmacist's professional 

judgment. ♦

West Virginia Return of unit-dosed non-controlled substance drugs allowed. ♦

Notes:

♦ = Facts confirmed or obtained from National Association of Boards of Pharmacy: 2009 Survey of Pharmacy Law. 

Definitions: 

Controlled Substances: generally a drug or chemical whose manufacture, possession, and use are regulated by a government. It 

may include illegal drugs and prescription medications.The federal goverment sets the standard for controlled substances; states may 

modify regulation by, for example, requiring additional restrictions on certain individual products. For complete lists, refer to the 

Controlled Substances Act and "Schedules I through V" detailed at Sec. 812. Schedules of controlled substances, online at 

http://www.usdoj.gov/dea/pubs/csa/812.htm#a

Legend Drugs: any drug that requires a prescription. This may be a controlled substance (narcotic) or a non-narcotic drug.

Authors: Richard Cauchi, Program Director; Karmen Hanson, Program Principal.

Additional research for online edition: Andrew Thangasamy, Staff Researcher (2009); Yeasol Chung, Health Intern (2008) 

for the NCSL Health Program, Denver. 

 For periodic updates of this report: http://test.ncsl.org/default.aspx?tabid=14425

APPENDIX A: AP News: Kansas article, May 5, 2009

Kansas sets up program to redistribute unused meds 
14

KANSAS CITY, Mo. (AP) -- A new effort in Kansas to redirect some types of unused medications to safety net clinics is off to a slow 

start, but supporters are confident it will eventually benefit patients and the state. 

Under a program approved by the Legislature in 2008, adult care homes, mail service pharmacies and medical care facilities can 

donate unused prescription drugs to clinics and health centers that serve the uninsured and poor. 

When the law took effect in January, the state joined at least 37 states with similar laws or programs, according to the National 

Conference of State Legislatures. The organization and success of those programs vary widely. A program started in Missouri in 2004 

never got off the ground. 

The Kansas program got its first donation in April, when Prescription Solutions of Overland Park, a mail-order pharmacy, gave about 

$250,000 of unused medicines that will eventually go to 36 clinics in 30 cities. 

So far, the focus has been on notifying qualified donors and clinics and organizing the logistics, said Robert Stiles, director of primary 

care for the Kansas Department of Health and Environment. The state also is trying to arrange clearinghouses where drugs could be 

stored. 

"We are hearing a lot of interest," Stiles said. "It's still early. But it's such a great idea, to use medicines that are usually thrown 

away. I think it will be popular." 

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