(a) As used in this Code section, the term: (1) "Long-term care facility" or "facility" means an intermediate
care home, skilled nursing home, or intermingled home subject to
regulation as such by the Department of Human Resources. (2) "Unit dosage drug" means any dangerous drug regulated under
Chapter 13 of Title 16 which is individually packaged to contain
only one dosage of such drug and which includes on such packaging
the brand or generic name, strength, lot number, and expiration
date of such drug. (b) Unit dosage drugs may be returned to the dispensing pharmacy for
reuse. The department and the State Board of Pharmacy shall
promulgate regulations which permit the reuse of prescribed but
unused unit dosage drugs for a resident of a long-term care facility
other than the resident for whom the drug was originally prescribed,
but only when: (1) The cost of those drugs has been paid for or reimbursed under
this article; and (2) The drugs are unused because the resident for whom the drugs
were originally prescribed: (A) Has died; (B) Has had such resident's prescription changed so as no longer
to require those drugs; or (C) Otherwise no longer needs those drugs. The consent of the resident for whom the unused drugs were
originally prescribed shall not be required for such reuse of
prescribed unit doses. Such reuse shall only be authorized by a
resident of a long-term care facility for whom the specific dosage
of that unused drug has been prescribed when payment or
reimbursement for that drug for that resident is otherwise permitted
under this article. Nothing in this Code section shall require a
pharmaceutical manufacturer to provide a rebate based on the reuse
of any unused unit dosage drug. |