NY A03264

State Board of Pharmacy shall establish a drug repository program to accept and dispense donated prescription drugs to eligible New York residents through participating pharmacies, hospitals, and nonprofit clinics.

Only prescription drugs in original sealed, tamper-evident unit dose packaging with expiration dates at least six months away may be accepted; drugs must be inspected to ensure they are not adulterated before dispensing.

Any person, drug manufacturer, or health care facility may donate drugs; participation by pharmacies, hospitals, and nonprofit clinics is voluntary; drugs may not be resold.

Participating entities shall charge recipients a handling fee established by regulation to cover restocking and dispensing costs; drugs must be dispensed only by prescription from a licensed health professional.

State Board of Pharmacy shall adopt rules and regulations establishing eligibility criteria for participating facilities and recipients, inspection procedures, handling fees, and separate lists of acceptable and unacceptable drugs for donations by individuals versus health care facilities.

Donors, pharmacies, hospitals, nonprofit clinics, health care professionals, and drug manufacturers acting reasonably and in good faith are granted immunity from criminal prosecution, civil liability, and professional disciplinary action.