An Act To Create the Drug Donation and Redispensing Program (AFTER DEADLINE)
Maine Legislature, Session 129, LD 1661
Committee: Health Coverage, Insurance and Financial Services
Sponsors: CLAXTON, GRATWICK, MOORE, MEYER, O'CONNOR, PERRY
Amends: 22 MRSA §2700

Legislative Document
No. 1661
S.P. 538
In Senate, April 30, 2019
An Act To Create the Drug Donation and Redispensing Program
(AFTER DEADLINE)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205.
Reference to the Committee on Health Coverage, Insurance and Financial Services 
suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator CLAXTON of Androscoggin.
Cosponsored by Senators: GRATWICK of Penobscot, MOORE of Washington, SANBORN, 
H. of Cumberland, Representatives: MEYER of Eliot, O'CONNOR of Berwick, PERRY of 
Calais.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §2700, sub-§§3 and 4, as amended by PL 2013, c. 121, §1, are 
further amended to read:
3.  Return of pharmaceuticals.  The agency may create systems for the safe, 
effective and proper disposal of unused pharmaceuticals.  The systems may include the 
use of prepaid mailing envelopes into which the unused pharmaceuticals are placed and 
returned to a single collection location.  The prepaid mailing envelopes must be made 
available to the public at various locations, including, but not limited to, pharmacies, 
physicians' offices and post offices.  The agency may randomly assess the toxicity of 
materials received under the program as long as the assessment results do not identify the 
patient, person who mailed the material, prescriber or pharmacy.  The agency shall 
consult with the department to determine the suitability of unused pharmaceuticals for 
donation to the drug donation and redispensing program under section 2700-B and 
transfer suitable pharmaceuticals to the drug donation and redispensing program.
4.  Disposal of pharmaceuticals.  All Except for pharmaceuticals donated to the 
drug donation and redispensing program under subsection 3, all unused pharmaceuticals 
received under the program must be disposed of in a manner that is designed to be 
effective, secure and in compliance with local, state and federal environmental 
requirements, including the federal Resource Conservation and Recovery Act of 1976, as 
amended.
Sec. 2.  22 MRSA c. 606 is enacted to read:
CHAPTER 606
DRUG DONATION AND REDISPENSING PROGRAM
§2700-B.  Drug donation and redispensing program
1.  Program established.  The department shall establish a drug donation and 
redispensing program, referred to in this chapter as "the program."  For purposes of this 
chapter, "drug" means a prescription drug or legend drug under Title 32, section 
13702-A, subsection 30.
2.  Program components.  To the extent authorized by federal law, components of 
the program include:
A.  Any person, including a drug manufacturer, licensed physician, pharmacy, health 
care facility licensed under this Title or the Unused Pharmaceutical Disposal Program 
under section 2700, may donate a drug to the program;
B.  A drug may be donated at:
(1)  A donation site provided by the department under subsection 4, paragraph A;
(2)  A take-back event approved by the United States Department of Justice, 
Drug Enforcement Administration; or
(3)  A pharmacy, licensed health care provider's or professional's office or a 
licensed health care facility that elects to participate in the program and meets 
criteria established by the department under subsection 4, paragraph E;
C.  The program may redispense a donated drug only if the drug is in the drug's 
original, unopened, sealed packaging or, if the outside packaging is opened or 
disturbed, the contents are one or more single-unit doses that are individually 
contained in unopened, tamper-evident packaging;
D.  The program may not redispense a donated drug if the drug is within 2 months of 
the drug's expiration date, if the drug appears to be adulterated or misbranded or if the 
drug is a scheduled drug as defined in Title 17-A, section 1101, subsection 11;
E.  The program shall inventory all drugs donated and deliver the drugs to a 
pharmacy that elects to participate in the program and meets criteria established by 
the department under subsection 4, paragraph F; and
F.  A pharmacy shall dispense a drug under paragraph E to a qualified recipient under 
subsection 3 and may charge the recipient a handling fee.
3.  Qualifications of recipients.  A person is a qualified recipient and may receive a 
donated drug from a pharmacy under subsection 2, paragraph E if the person has a family 
income equal to or less than 350% of the federal poverty level, the person's family incurs 
unreimbursed expenses for drugs that equal 5% or more of family income or the person's 
total unreimbursed medical expenses equal 15% or more of family income.  For purposes 
of this subsection, "federal poverty level" means that measure defined by the federal 
Department of Health and Human Services and updated annually in the Federal Register 
under authority of 42 United States Code, Section 9902(2).
4.  Department duties.  The department shall:
A.  Provide donation sites in locations convenient to consumers throughout the State;
B.  Implement by rule procedures for the documentation of all donated drugs;
C.  Implement by rule procedures for the transfer to the Unused Pharmaceutical 
Disposal Program under section 2700 of all drugs determined unfit for redispensing;
D.  Provide for public education of the availability of the program, including the 
location of donation sites and pharmacies that participate in the redispensing of the 
drugs;
E.  Implement by rule procedures by which a person can participate as a donor in the 
program;
F.  Implement by rule procedures by which a pharmacy can participate as a dispenser 
of donated drugs under the program; and
G.  Administer the program.
5.  Rules.  The department may adopt rules to carry out the purposes of the program.  
Rules adopted pursuant to this subsection are routine technical rules as defined by Title 5, 
chapter 375, subchapter 2-A.
SUMMARY
This bill establishes the drug donation and redispensing program under the 
Department of Health and Human Services.  The program collects donations of unused 
prescription and legend drugs from health care providers, health care facilities and other 
sources, including at drop-off locations throughout the State, and redispenses the drugs 
through participating pharmacies to qualified low-income persons.