Montana Code 37-7-1401. Programs for donation of unused prescription drugs, cancer drugs, and devices — rulemaking required
37-7-1401. Programs for donation of unused prescription drugs, cancer drugs, and devices — rulemaking required. (1) The board of pharmacy shall, in consultation and cooperation with the department of public health and human services, create a program for the donation of prescription drugs collected from long-term care facilities to qualified patients.
Terms Used In Montana Code 37-7-1401
- Board: means the board of pharmacy provided for in 2-15-1733. See Montana Code 37-7-101
- Cancer drug: means a prescription drug used to treat:
(a)cancer or its side effects; or
(b)the side effects of a prescription drug used to treat cancer or its side effects. See Montana Code 37-7-101
- Controlled substance: means a substance designated in Schedules II through V of Title 50, chapter 32, part 2. See Montana Code 37-7-101
- Department: means the department of labor and industry provided for in Title 2, chapter 15, part 17. See Montana Code 37-7-101
- dispensing: means the interpretation, evaluation, and implementation of a prescription drug order, including the preparation and delivery of a drug or device to a patient or patient's agent in a suitable container appropriately labeled for administration to or use by a patient. See Montana Code 37-7-101
- Drug: means a substance:
(a)recognized as a drug in any official compendium or supplement;
(b)intended for use in diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals;
(c)other than food, intended to affect the structure or function of the body of humans or animals; and
(d)intended for use as a component of a substance specified in subsection (16)(a), (16)(b), or (16)(c). See Montana Code 37-7-101
- Long-term care facility: has the meaning provided in 50-5-101. See Montana Code 37-7-101
- Pharmacy: means an established location, either physical or electronic, registered by the board where drugs or devices are dispensed with pharmaceutical care or where pharmaceutical care is provided. See Montana Code 37-7-101
- Provisional community pharmacy: means a pharmacy that has been approved by the board, including but not limited to federally qualified health centers, as defined in 42 C. See Montana Code 37-7-101
(2)For the purposes of the program created pursuant to subsection (1), prescription drugs, except those drugs defined as a dangerous drug in 50-32-101 or a drug designated as a precursor to a controlled substance in 50-32-401, unneeded by a resident or former resident of a long-term care facility may be donated by the long-term care facility to a provisional community pharmacy that provides or may provide prescription drugs to individuals who are qualified patients for transfer free of charge or at a reduced charge to those individuals.
(3)This section does not amend or otherwise change the law applicable to the prescribing of prescription drugs, the sale of those drugs, or the licensing of long-term care facilities or pharmacies.
(4)The board of pharmacy shall adopt rules to implement this part. The rules must address:
(a)the collection, receipt, and storage of donated drugs and devices;
(b)the transfer of prescription drugs donated by a long-term care facility to provisional community pharmacies;
(c)which pharmacies may be considered provisional community pharmacies that may sell or give the prescription drugs donated by long-term care facilities to others;
(d)eligibility criteria and other standards and procedures for participants that accept and distribute or dispense donated cancer drugs or devices;
(e)the forms needed for the administration of the donated drug programs;
(f)categories of cancer drugs and devices that the cancer drug repository program will accept for dispensing and categories it will not accept, including the reason that a cancer drug or device will not be accepted;
(g)the price for which the prescription drugs donated by a long-term care facility may be sold; and
(h)the maximum handling fee that may be charged by participants that accept and distribute or dispense a cancer drug or device.
(5)In adopting the rules, the board of pharmacy shall consider the ability of persons to pay for the drugs and the existence and operation of similar programs in other states.