TITLE XXX
OCCUPATIONS AND PROFESSIONS

CHAPTER 318
PHARMACISTS AND PHARMACIES

Unused Prescription Drug Program

Section 318:58

    318:58 Donating, Accepting, and Redispensing Unused Drugs. –
I. Any patient, or other person or entity authorized to possess prescription drugs and medical devices pursuant to RSA 318, including manufacturers and wholesalers licensed under RSA 318:51-a or other law, including any nursing home or long-term care facility licensed under RSA 151 or any correctional facility, may donate unused prescription drugs and medical devices to the program.
II. Any person authorized to dispense prescription drugs and medical devices pursuant to RSA 318 or other law may redispense such drugs and devices for the purposes of the program.
III. The following facilities and services may accept donations of unused prescription drugs and medical devices for the program:
(a) Any pharmacy as defined in RSA 318:1, XI;
(b) Any hospital, nursing home, hospice, or outpatient clinic licensed pursuant to RSA 151;
(c) New Hampshire hospital, Glencliff home, New Hampshire veterans home, and the state and county correctional facilities; and
(d) Any licensed prescriber of prescription drugs pursuant to RSA 318:42, II.
III-a. Any facility authorized to accept prescription drugs and devices for the program may temporarily store the drugs and devices appropriately but separately from the usual storage of such drugs and devices for the sole purpose of redispensing to individuals as provided in this section.
IV. The following prescription drugs and medical devices may be accepted and redispensed through the program; provided, that they have not been in the possession of the patient or other member of the public:
(a) Unused prescription drugs, including manufacturer's samples, that have not reached their expiration date, are contained in unopened unit dose or other tamper-evident packaging, and show no evidence of contamination; and
(b) Medical devices that have not been opened or adulterated.
V. Unused prescription drugs and medical devices may not be resold, but the facility or service redispensing such drug or device may charge a handling fee for the service not to exceed $15.
VI. A facility or service may redispense unused prescription drugs and medical devices under the program to uninsured or underinsured persons as defined by the board, but redispensing to other patients is permitted if no uninsured or underinsured person is available.
VII. Participation in the program shall be voluntary and individuals in the program shall be informed that the prescription drugs and medical devices have been redispensed.

Source. 2006, 152:1. 2007, 263:12. 2010, 89:1, 2. 2011, 41:1, eff. July 8, 2011; 99:1, eff. July 26, 2011.