2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 10 - DRUG REPOSITORY PROGRAM (§§ 31-8-300 — 31-8-307) › Section 31-8-302 - Procedures for donation and dispensing of unused over-the-counter and prescription drugs

(a)
Any person, including a drug manufacturer, wholesaler, reverse distributor pharmacy, third-party logistics provider, government entity, hospital, or health care facility, may donate over-the-counter and prescription drugs to the program. The drugs shall be donated to an eligible recipient that voluntarily elects to participate in the program. Nothing in this or any other Code section shall require an eligible recipient to participate in the program.
(b)
An eligible recipient may do any of the following:
(1)
Accept and dispense donated drugs to eligible patients. Prescription drugs shall only be dispensed pursuant to a valid prescription drug order. Eligible patients who are indigent, uninsured, underinsured, or enrolled in a public assistance health benefits program in accordance with criteria established by the Department of Public Health pursuant to Code Section
31-8-304
shall be prioritized over other individuals;
(2)
Transfer donated drugs to another eligible recipient participating in the program or to a drug repository program operated by another state;
(3)
Repackage donated drugs as necessary for dispensing, administration, or transfers; and
(4)
Replenish drugs previously dispensed or administered to eligible patients.
(c)
An eligible recipient that accepts donated drugs shall comply with all applicable federal laws and laws of this state dealing with storage and distribution of dangerous drugs and shall inspect all drugs prior to dispensing them to determine that they are not adulterated.
(d)
An eligible recipient may charge a handling fee established in accordance with rules and regulations adopted by the Department of Public Health pursuant to Code Section
31-8-304
; provided, however, that any such fee shall not exceed the reasonable costs of participating in the program.
(e)
Drugs donated to the program shall not be resold; provided, however, that reimbursement for any fee charged as authorized pursuant to this article by a health plan or pharmacy benefits manager for donated drugs shall not constitute reselling. Nothing in this article shall require a health plan or pharmacy benefits manager to be reimbursed for donated drugs.
(f)
In addition to the maximum number of pharmacy technicians that are authorized to be under the direct supervision of a pharmacist pursuant to subsection (d) of Code Section
26-4-82
, a participating pharmacy may utilize up to two additional pharmacy technicians under the direct supervision of such pharmacist for duties related to the program; provided, however, that the two such additional pharmacy technicians shall not be authorized to assist the supervising pharmacist in connection with any activities related to completing a prescription drug order or preparation of a prescription drug for a patient, but shall only be authorized to perform non-dispensing related duties, such as, but not limited to, receiving and stocking inventory.
(g)
A reverse drug distributor permitted or licensed by the State Board of Pharmacy shall:
(1)
Make and document diligent efforts to donate eligible drugs within 30 days of taking possession to the program in accordance with Code Section
31-8-301
rather than destroy such drugs;
(2)
Not directly or indirectly by transferring to another entity or by other means, cause eligible drugs to be dispositioned, become short-dated, expire, or otherwise become ineligible for donation; and
(3)
Make and document diligent efforts to ensure that any policy, contract, or other business arrangement between the reverse drug distributor and its clients or other parties does not prohibit the donation of eligible drugs received from any such client or other party to the program in accordance with Code Section
31-8-301
; provides for the same rate of compensation for the client or other party for donation of eligible drugs and other disposition of such drugs; and does not require an eligible drug to be dispositioned, become short-dated, expire, or otherwise become ineligible for donation.
(h)
Any person or entity eligible to donate drugs under the program shall be allowed to donate eligible drugs in the same manner, at the same rate of compensation, and paid for by the same parties as applies to the disposition of drugs regardless of any policy, contract, or other business arrangement that would have otherwise directly or indirectly by transferring to another entity or by other means required an eligible drug to be dispositioned, become short-dated, expire, or otherwise become ineligible for donation.
(i)
The donation, brokering, or other facilitation of a donation of a drug pursuant to this program shall not be considered wholesale distribution as defined in Code Section
26-4-201
and shall not be subject to or require licensure as a wholesale distributor pursuant to Chapter 4 of Title 26.
(j)
Eligible recipients that provide pharmacy related services only for the purpose of dispensing donated or purchased drugs pursuant to the program shall not be subject to comprehensive formulary or minimum supply of drugs requirements contained in Chapter 4 of Title 26.
Amended by 2024 Ga. Laws 473,§ 2-4, eff. 4/23/2024.
Added by 2016 Ga. Laws 471,§ 1, eff. 7/1/2016.