Delaware

According to the National Association of Boards of Pharmacy, the state does not allow a drug repository/ donation program; return and reuse is only allowed in specific cases.

Georgia

What is the most recent legislation?
Donated Drug Repository Program (2017): Learn more here.
Georgia Code 2022 (Enacted by 2016): Learn more here.

When was it last updated?
March 6, 2017

Are rules determined by the Board of Pharmacy?
No. Rules are determined by the Department of Public Health.

Who can donate?
Any person, including a drug manufacturer, wholesaler, reverse distributor pharmacy, third-party logistics provider, government entity, hospital, or health care facility.

What can be donated?
Both prescription and non-prescription (over-the-counter) drugs.

Drugs shall only be dispensed pursuant to the program if:
(1) For prescription drugs, with an expiration date that does not expire before the completion of the medication by the eligible patient based on the prescribing health care professional’s directions for use and, for over-the-counter drugs, with an expiration date that does not expire before use by the eligible patient based on the directions for use on the manufacturer’s label; and
(2) The drugs were donated in unopened tamper-evident packaging as defined by United States Pharmacopeia General Chapter 659, Packaging and Storage Requirements, including but not limited to unopened unit-dose and multiple-dose packaging.

The following drugs shall not be donated to the program:
(a) Controlled substances;
(b) Drugs subject to a federal Food and Drug Administration managed risk evaluation and mitigation strategy pursuant to 21 U.S.C. Section 355-1 if inventory transfer is prohibited by such strategy; or
(c) Drugs that there is reason to believe are adulterated pursuant to Code Section 26-3-7

Who can accept and dispense donations?
Any pharmacy, hospital, federally qualified health center, or nonprofit clinic that participates in the drug repository program and meets criteria for participation in the program.

Who can receive donations (patients)?
Medically indigent person, uninsured, underinsured, or enrolled in a public assistance health benefits program.

Additional notes:
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.

Donated to medically indigent persons who are residents of Georgia.

Idaho

What is the most recent legislation?
2019 Idaho Code & Statutes, Section 54-1762: Learn more here.

When was it last updated?
2019

Who can donate?
Pharmacy, hospital, nursing home, wholesale distributor, or prescriber drug outlets.

What can be donated?
a) Drugs donated by an individual member of the public must be in the manufacturer’s original sealed packaging, including those packaged in single unit doses when the outside packaging is open and the single unit dose packaging is intact; and
(b) Drugs donated by an entity that is a qualified donor must meet either of the following conditions:
(i) The drugs are in the manufacturer’s original sealed packaging, including those packaged in single unit doses when the outside packaging is open and the single unit dose packaging is intact; or
(ii) The drugs are opened or unsealed but have remained under the control and storage of the qualified donor.

Donation repositories may accept drugs in accordance with the following specifications:
(a) Only drugs that bear a clear and verifiable lot number and expiration date may be accepted and dispensed. Drugs bearing an expiration date fewer than three (3) months from the date the drug is donated shall not be accepted and shall not be dispensed;
(b) Drugs and other substances provided in schedules II through V of article II, chapter 27, title 37, Idaho Code, shall not be accepted and shall not be dispensed.

Who can accept and dispense donations?
A qualifying charitable clinic’s or center’s pharmacy; qualifying charitable clinic or center in consultation with a pharmacist; a qualifying charitable clinic or center designated as a regional behavioral health center or a state charitable institution acting in consultation with a pharmacist, physician, physician assistant or advanced practice professional nurse with prescriptive authority licensed in the state of Idaho.

Who can receive donations (patients)?
Qualifying medically indigent patients.

Additional notes:
No controlled substances.

Nothing in the Idaho legend drug donation act shall prohibit or restrict the return of unused prescription drugs to the Idaho medicaid program pursuant to rules promulgated by the Idaho dept of health and welfare.

Indiana

What is the most recent legislation?
Prescription Drug Donation Repository Program: Learn more here.

When was it last updated?
May 4, 2023

Are rules determined by the Board of Pharmacy?
Yes. Learn more here.

Who can donate?
Sec. 13: Any individual who is at least eighteen (18) years of age may donate legally obtained prescription drugs or supplies to the central repository or a local repository.

What can be donated?
Any prescription drug.
Does not include:
– An abortion inducing drug
– Controlled substances
May not accept drugs that require storage temperatures other than normal room temperature, unless donated directly from a drug manufacturer.

Who can accept and dispense donations?
Sec. 10:
(c) The board may establish a central repository that accepts donated prescription drugs and conducts a safety inspection of the prescription drugs, and ships donated prescription drugs and supplies to a local repository.
(d) The board may contract with a third party to implement and administer the program.

Who can receive donations (patients)?
Sec. 4. As used in this chapter, “eligible recipient” means an individual who:
(1) is a resident of the state of Indiana;
(2) has an income that is below two hundred percent (200%) of the federal poverty level, as defined by the most recently revised poverty income guidelines published by the federal Department of Health and Human Services; and
(3) is either:
(A) uninsured and has no third party prescription drug reimbursement coverage; or
(B) underinsured and has no active third party prescription drug reimbursement coverage for the drug prescribed.

Kansas

What is the most recent legislation?
2012 Statute, Section 68: Learn more here.
2012 Statute, Section 64: Learn more here.

When was it last updated?
July 1, 2012

Are rules determined by the Board of Pharmacy?
Yes. Learn more here.

Who can donate?
Residents of adult care homes and donating entities that volunteer to participate in the program. Further specified in Kansas BOP rules to be adult care homes, mail service pharmacies, or general medical care facilities who wish to submit to the board of pharmacy.

What can be donated?
Unused drugs from adult care homes, mail order pharmacies, or medical care facilities

Who can accept and dispense donations?
A qualifying center or clinic in consultation with a pharmacist that wishes to participate

Who can receive donations (patients)?
Medically indigent residents of Kansas.

Additional notes:
The medications must come from a controlled storage unit of a donating entity and be in its original packaging or tamper-evident packaging. Drugs purchased under Medicaid or SCHIP do not apply. No controlled substances.

Participating clinics or centers may charge individuals receiving donated medications a handling fee not to exceed 200 percent of the Medicaid dispensing fee. The current Medicaid dispensing fee is $3.40, so the maximum handling fee that may be charged is $6.80.

Find the form here.

Louisiana

What is the most recent legislation?
RS 37:1226.2: Learn more here.

When was it last updated?
July 1, 2018

Are rules determined by the Board of Pharmacy?
Yes, none posted.

Who can donate?
Any person, including a drug manufacturer, hospital, health care facility, or governmental entity may donate prescription drugs to a charitable pharmacy for relabeling and dispensing to the indigent, free of charge, pursuant to a valid prescription order. For the purpose of this Section, “governmental entity” shall mean a health care facility owned and operated by a political subdivision of the state.

What can be donated?
All drugs dispensed on prescription.

Who can accept and dispense donations?
“Charitable pharmacies” – For purposes of this Section “charitable pharmacy” means the practice of a pharmacy at a site where prescriptions are dispensed by a charitable organization free of charge to appropriately screened and qualified patients.

Who can receive donations (patients)?
Appropriately screened and qualified patients free of charge.
St. Vincent de Paul Community Pharmacy – (225) 383-7450

Additional notes:
Donations of prescription drugs to a charitable pharmacy are subject to the following requirements:
(1) The charitable pharmacy may accept drugs in their original sealed and tamper-evident packaging, including drugs packaged in single-unit doses, including blister packs. These drugs may be dispensed when the outside packaging is opened if the single-unit dose packaging is intact, subject to the provisions of Paragraph (B)(2) of this Section.
(2) The pharmacist in charge of the charitable pharmacy shall determine if the drug is not adulterated or misbranded and is safe to dispense. No product where the integrity of the medication cannot be assured
shall be redispensed by the pharmacist of the charitable pharmacy.
(3) The donor shall execute a form stating the donation of the drugs. The pharmacy shall retain that form along with other acquisition records.
(4) The patient’s name, prescription number, and any other identifying marks shall be obliterated from the packaging prior to redispensing the medication to another patient.
(5) The drug name, strength, and expiration date shall remain on the medication package label. The redispensed medication shall be assigned the expiration date stated on the package.
(6) Expired drugs accepted by a charitable pharmacy shall not be redispensed.
(7) The charitable pharmacy shall comply with all state and federal laws regarding controlled dangerous substances.
(8) No drug dispensed through a charitable pharmacy shall be eligible for reimbursement from the Medicaid Pharmacy Program.
(9) In the event that a charitable pharmacy in the closest proximity to the donor refuses the donation, such refusal shall be documented by the donor, who then may make the donation to the Department of Public Safety and Corrections-Corrections Services for distribution to the penal institution pharmacies under its authority.

Use the help desk number on this link to check your patient eligibility for this program.

Maryland

What is the most recent legislation?
Prescription Drug Repository Program: Learn more here.

When was it last updated?
April 6, 2021

Are rules determined by the Board of Pharmacy?
Yes. Learn more here.

Who can donate?
Anyone, no specific restrictions by law, but it must be at a board-approved drop off site.

What can be donated?
The Program may accept for the purpose of dispensing only:
1. Prescription drugs in their original unopened, sealed, and tamper-evident unit dose packaging; and
2. Medical supplies in their original unopened and sealed packaging.

The Program may accept and dispense prescription drugs packaged in single unit doses when the outside packaging is opened if the single unit dose packaging is undisturbed.

The Program may not accept prescription drugs or medical supplies for dispensing that:
1. Bear an expiration date that is less than 90 days from the date the drug is donated;
2. May be adulterated, according to the standards of § 21-216 of this article; OR
3. Belong to a category of unacceptable drugs established under § 15-608(b)(1) of this subtitle.

Who can accept and dispense donations?
Board approved drop-off sites, such as licensed pharmacies, and/or repositories which meet specified criteria.

Who can receive donations (patients)?
A needy patient who is a resident of Maryland, as indicated by the individual’s health care practitioner.

Additional notes:
The donor must sign a statement that indicates the donor is the owner of the drugs and are voluntarily offering them to the program. A repository may not establish a waiting list for any prescription drug or medical supply dispensed by the program. Cannot charge a dispense fee that exceeds $10. No controlled substances, no drugs that require refrigeration, and no drugs that have been previously compounded that are patient specific.

Michigan

What is the most recent legislation?
– 333.17780 – Cancer drug repository program effective September 29, 2006.
– 333.17775 – “Program for utilization of unused prescription drugs”; definitions; unused prescription drug repository and distribution program; rules; standards and procedures. – December 12, 2012
– Effective Dec 31, 2013

When was it last updated?
December 12, 2012
Effective December 31, 2013

Are rules determined by the Board of Pharmacy?
Yes.

Who can donate?
Residents and guardians of an eligible clinic, manufacturers, pharmacies, and clinics.

(d) “Eligible facility” means a medical institution as that term is defined in R 338.486 of the Michigan administrative code.

“Medical institution” means a hospital, skilled nursing facility, county medical care facility, nursing home, freestanding surgical outpatient facility, hospice, or other health facility that is licensed or approved by the state, which directly or indirectly provides or includes pharmacy services.

What can be donated?
A cancer drug if:
(i) The donation is accompanied by a cancer drug repository donor form that is provided by the board and states that to the best of the donor’s knowledge the donated drug has been properly stored and that the drug has never been opened, used, tampered with, adulterated, or misbranded. The board shall make the cancer drug repository donor form available on the board’s website. The form shall be signed by the person making the donation or that person’s authorized representative.
(ii) The drug’s expiration date is at least 6 months later than the date the drug was donated.
(iii) The drug is in its original, unopened, tamper-evident unit dose packaging that includes the drug’s lot number and expiration date. Single unit dose drugs may be accepted if the single unit dose packaging is unopened.
(iv) The drug is not adulterated or misbranded.

Cancer supplies are eligible for donation under the cancer drug repository program only if all of the following requirements are met:

(i) The supplies are not adulterated or misbranded.

(ii) The supplies are in their original, unopened, sealed package.

(iii) The donation is accompanied by a cancer drug repository donor form that is provided by the board and states that to the best of the donor’s knowledge the donated supply has been properly stored and that the supply has never been opened, used, tampered with, adulterated, or misbranded. The board shall make the cancer drug repository donor form available on the board’s website. The form shall be signed by the person making the donation or that person’s authorized representative.

Who can accept and dispense donations?
Any pharmacy, health professional, or clinic that signs up with the program.

Who can receive donations (patients)?
“Eligible participant” means an individual who meets all of the following requirements:
(i) Is a resident of this state.
(ii) Is eligible to receive Medicaid or Medicare or has no health insurance and otherwise lacks reasonable means to purchase prescription drugs, as prescribed in rules promulgated under this section.

Additional notes:
The following shall not be accepted for dispensing:
(i) Expired prescription drugs.
(ii) Controlled substances as defined in article 7 or article 8 or by federal law.
(iii) Drugs that have been held outside of a health professional’s control where sanitation and security cannot be assured.
(iv) Drugs that can only be dispensed to a patient registered with the drug’s manufacturer under federal food and drug administration requirements.
(c) A prescription drug shall not be accepted for dispensing if the person accepting the drug has reason to believe that the drug is adulterated.
(d) Subject to the limitations prescribed in this subsection, unused or donated prescription drugs dispensed for purposes of a medical assistance program or drug product donation program may be accepted for dispensing under the program.
(e) Any additional criteria established in rules promulgated under this section.

A pharmacy or charitable clinic that meets the eligibility requirements for participation in the program and any rules promulgated under this section may do any of the following:
(a) Dispense prescription drugs accepted under the program to eligible participants.
(b) If established by rule under this section, charge eligible participants who receive prescription drugs under the program a handling fee for the service.

A pharmacy or charitable clinic that participates in the program and accepts prescription drugs for the program shall do all of the following:
(a) Comply with all applicable federal laws and regulations and state laws and rules related to the storage and distribution of harmful drugs.
(b) Inspect all accepted prescription drugs before dispensing the prescription drugs to determine that the drugs are not adulterated.
(c) Dispense prescription drugs only pursuant to a prescription issued by a health professional.

Any resident of this state who is diagnosed with cancer is eligible to receive drugs or supplies under the cancer drug repository program.
Cancer drugs and supplies dispensed under the cancer drug repository program shall be dispensed in the following order of priority:
(a) Individuals who are uninsured or do not have insurance coverage for those cancer drugs or supplies.
(b) Individuals who are enrolled in medicaid, medicare, or any other public assistance health care program.
(c) All other individuals who are residents of this state and diagnosed with cancer.

Mississippi

What is the most recent legislation?
Miss. Code Ann. §§ 43-13-501 through 43-13-509, together with Mississippi Board of Pharmacy charity-pharmacy regulations.

When was it last updated?
Current Mississippi statute and Board regulations are in effect.

Are rules determined by the Board of Pharmacy?
Yes. The State Board of Pharmacy, in consultation with the State Department of Health, adopts program rules.

Who can donate?
The statute contemplates donations from individuals, health care facilities, and government entities. Board regulations also allow charity pharmacies to receive certain donated medications, including unused and unneeded medications donated by long-term care and assisted living facilities.

What can be donated?
Unused prescription medications that satisfy Mississippi requirements. For charity-pharmacy donations, medications must generally be identifiable, unexpired, in original sealed or tamper-evident packaging, and not controlled substances.

Who can accept and dispense donations?
Participating pharmacies, hospitals, nonprofit clinics, and permitted charity pharmacies.

Who can receive donations (patients)?
Individuals meeting program economic-need criteria, including medically indigent Mississippi residents served through the charity-pharmacy pathway.

Montana

What is the most recent legislation?
House Bill No. 409: Learn more here.
Montana Code 2023 – Donated Drugs and Devices Program: Learn more here.

When was it last updated?
Original 2009
Revised 2021

Are rules determined by the Board of Pharmacy?
Yes. Annotated in 2021 by BOP. BOP responsible for establishing and maintaining registry. Learn more here.

Who can donate?
Any person or entity, including but not limited to a health care facility or the manufacturer of a cancer drug or device may donate to a participant. Long-term care facilities may donate any prescription drug to provisional community pharmacies only.

What can be donated?
A cancer drug or device if:
(a) it is in its original, unopened, sealed, tamper-evident unit dose packaging,
(b) packaged in unopened single-unit-dose packaging.
Prescription drugs except those defined as dangerous or precursor to a controlled substance unneeded by a resident or former resident of a long-term care facility.

May not be accepted if:
(a) bears an expiration date that is earlier than 6 months after the donation,
(b) is considered adulterated or misbranded, (c) is subject to restricted distribution.

Who can accept and dispense donations?
Any participating health entity approved by the program may accept cancer drugs and devices. Provisional community pharmacies that provides or may provide prescription drugs to individuals who are qualified patients for transfer free of charge or reduced charge to those individuals may accept prescription drugs. Participant defined as: physician’s office, pharmacy, hospital, or health clinic that has elected to voluntarily participate in the program. Provisional community pharmacy defined as: a pharmacy that has been approved by the board, including but not limited to federally qualified health centers where prescription drugs are dispensed appropriately to qualified patients.

Who can receive donations (patients)?
“Qualified” patients pursuant to a prescription by a prescriber issued to prescribe cancer drugs. The board shall establish a cancer drug repository program for accepting donated cancer drugs and devices and dispensing the drugs and devices to qualified patients. Participation in the program is voluntary. Qualified patient means one that is uninsured, indigent, or has insufficient funds needed to obtain prescription drugs or cancer drugs. Participants shall give first priority to a qualified patient in the service area. Other cancer patients may receive donated cancer drugs or devices if a qualified patient is not available.

Nevada

No Legislation, no operational program.

New Jersey

What is the most recent legislation?
New Jersey Statutes – 24:6M: Learn more here.

When was it last updated?
Original 2013
Revised 2017

Who can donate?
Persons, health care facilities, and pharmacies may donate drugs to a central repository for redistribution. Donor defined as: Drug manufacturer, wholesaler, repackager, returns processor, third-party logistics provider, health care facility, pharmacy, or any other person or entity that is properly licensed and authorized to possess prescription drugs and which elects to donate OTC, prescription, or administration supplies pursuant to this act.

What can be donated?
Prescription drugs, over-the-counter drugs, and administration supplies. Donated drugs and administration supplies that are contained in original, sealed, tamper-evident packaging that remains intact, unless in a single-dose package that is unopened; and bears an expiration date more than 6 months after the donation date. Administration supplies defined as: any supply associated with the administration of prescription drugs (diabetic test strips, nebulizers, syringes, and needles). OTC drugs defined as: a drug that contains (1) drug facts panel, (2) a statement of the active ingredients, does not include grooming and hygiene products. Prescription drug includes any drug intended for human use including cancer drugs and anti-rejection drugs.

Who can accept and dispense donations?
Accepted and dispensed by pharmacist or other health care professional authorized by law to dispense OTC and prescription drugs. Must not be adulterated or misbranded, must be pursuant to a prescription, must contain an expiration or BUD that will not expire before patient use of donated drug.

Who can receive donations (patients)?
Eligibility criteria will be determined by the commissioner and the board; shall include which criteria shall prioritize the dispensing of donated drugs and administration supplies to indigent, uninsured, or enrolled in a public health benefits program, but may permit dispensing to individuals who do not meet the above criteria. Indigent person defined as a person who has an income below 250% of the federal poverty level.

Additional notes:
No active programs or rules determined. The commissioner, in cooperation with the board, shall authorize one or more private entities to establish and maintain a drug donation program. The Department of Health may contract with a third-party to implement and administer the program.

New York

What is the most recent legislation?
Bill 1018: Learn more here.

When was it last updated?
March 23, 2021

Are rules determined by the Board of Pharmacy?
Yes.

Who can donate?
Any person, including a drug manufacturer or any health care facility.

What can be donated?
Only prescription drugs received by the recipient entity in tamper-evident packaging or in unit-dose or multiple-dose packaging may be redispensed.

Who can accept and dispense donations?
Pharmacy, hospital, or nonprofit clinic that elects to participate in the drug repository program.

Who can receive donations (patients)?
Residents of this state that meet the eligibility standards established in rules and regulations adopted by the board under subdivision five of this section.

Additional notes:
Only prescription drugs in their original sealed and tamper-evident unit dose packaging shall be accepted and dispensed. The packaging shall be unopened, except that drugs packaged in single unit doses shall be accepted and dispensed when the outside packaging is opened if the single unit dose packaging is undisturbed. Prescription drugs donated by individuals bearing an expiration date that is less than six months from the date the drug is donated shall not be accepted or dispensed. A prescription drug shall not be accepted or dispensed if there is reason to believe that it is adulterated as described in section sixty-eight hundred fifteen of this article. Subject to the limitation specified in this subdivision, unused prescription drugs dispensed for purposes of the Medicaid program may be accepted and dispensed under the drug repository program.

North Dakota

What is the most recent legislation?
Chapter 43-15.2 – Legend Drug Donation and Repository Program: Learn more here.
Drug Repository Program Description: Learn more here.

When was it last updated?
April 17, 2007

Are rules determined by the Board of Pharmacy?
Yes. Annotated 2021 by BOP. BOP responsible for establishing and maintaining registry. Learn more here.

Who can donate?
Anyone. No restrictions by law.

What can be donated?
1. A drug donated, prescribed, or dispensed under the program must be in the original, unopened, sealed, and tamper-evident unit dose packaging, except a drug packaged in single-unit doses may be accepted and dispensed if the outside packaging has been opened and the single-unit-dose package is unopened.
2. A drug may not be accepted or dispensed under the program if the drug has reached its expiration date or if the drug is adulterated or misbranded as determined under subsection 3.

Who can accept and dispense donations?
Participants and programs that meet the criteria established for participation. Participant: practitioner or pharmacy that has elected to participate in the program and accepts legend drugs, devices, and supplies from donors for the program. Program: legend drug donation and repository program established under this chapter.

Who can receive donations (patients)?
“The items donated to the program may be prescribed for use by an individual by a practitioner who is authorized by law to prescribe and only a participant may dispense donated items”

Additional notes:
A donor may donate legend drugs, devices, or supplies to the program through a practitioner or pharmacy that meets the criteria established for such participation. Legend drugs, devices, or supplies may not be donated directly to a specific patient and donated items may not be resold.

Oklahoma

What is the most recent legislation?
Section 535:12-1-3 – Eligibility to donate prescription drugs: Learn more here.

When was it last updated?
July 1, 2024

Are rules determined by the Board of Pharmacy?
No.

Who can donate?
Residential care homes, nursing facilities, assisted living centers, public intermediate care facilities for individuals with intellectual disabilities (ICFs/IID) or pharmaceutical manufacturers to pharmacies operated by county. If no county pharmacy exists, or if a county pharmacy chooses not to participate, such unused prescription medications may be transferred to a pharmacy operated by a city-county health department or a pharmacy under contract with a city-county health department, a pharmacy operated by the Department of Mental Health and Substance Abuse Services or a charitable clinic.

What can be donated?
Only prescription drugs in their original sealed unit dose packaging or unused injectables shall be accepted and dispensed. Packaging must be unopened, except that cancer drugs packaged in single-unit doses may be accepted and dispensed when the outside packaging is opened if the single-unit-dose packaging has not been opened.

Who can accept and dispense donations?
Pharmacies operated by city-county health departments, county pharmacies, non-profit healthcare clinics, or pharmacies under contract with the county health department or the State Department of Health. Pharmacies, nursing homes, assisted living centers, charitable clinics, or prescription drug manufacturers.

Who can receive donations (patients)?
Oklahoma residents who are medically indigent

Pennsylvania

What is the most recent legislation?
Cancer Drug Repository Program: Learn more here.

When was it last updated?
November 27, 2013
Effective November 30, 2013

Are rules determined by the Board of Pharmacy?
Yes.

Who can donate?
Pharmacy, health care facility, drug manufacturer or wholesale drug distributor

What can be donated?
Unused cancer drugs

Who can accept and dispense donations?
A pharmacy holding a current unrestricted permit may apply for approval to participate in the Cancer Drug Repository Program as an approved cancer drug repository as provided in this chapter.

Who can receive donations (patients)?
Patient eligibility:
(a) Conditions of eligibility. To be eligible for the Cancer Drug Repository Program, a patient shall certify that the patient meets the following criteria:
(1) The patient is diagnosed with cancer.
(2) The patient does not possess or has limited prescription drug coverage related to the treatment of the patient’s cancer so that the coverage limits prevent the patient from obtaining cancer drugs.
(3) The patient does not meet the eligibility requirements under the State Medical Assistance Program that provides prescription drug coverage related to the treatment of cancer.

Financial eligibility for the Cancer Drug Repository Program:
(1) A Pennsylvania resident who meets the eligibility requirements in subsection (a) is financially eligible as an ‘‘indigent patient’’ for the Cancer Drug Repository Program if the resident meets the income standards in this subsection.
(2) The income limits for eligibility for the Cancer Drug Repository Program are based upon the prior year’s family income not to exceed 350% of the prior year’s Department of Health and Human Services Federal Poverty Income Guidelines for the appropriate family size. The income limits will be published as a notice in the Pennsylvania Bulletin and posted on the Board’s web site at least once a year as the Federal Poverty Income Guidelines change.
(3) There are no resource limits for determining eligibility under the Cancer Drug Repository Program.

Additional notes:
A pharmacy, healthcare facility, drug manufacturer or wholesale drug distributor may donate legally obtained cancer drugs to an approved participating pharmacy if the drugs meet the eligibility requirements as determined by a licensed pharmacist employed by or under contract with an approved participating pharmacy. To be considered for donation, a cancer drug must be accompanied by a cancer drug repository donor form on a form provided by the Board that:
1) Is signed by the entity’s authorized representative.
2) States that to the best of the donor’s knowledge the donated drug has been properly stored and that the drug has never been opened, used, tampered with, adulterated or misbranded.

Eligible drugs. Unless otherwise prohibited by Federal or State statute or regulation, a cancer drug may be accepted by a licensed pharmacist at an approved participating pharmacy for dispensing in a Cancer Drug Repository Program if the drug meets one of the following criteria:
(1) The drug is in its original unopened, sealed and tamper-evident unit dose packaging.
(2) The drug is packaged in single unit doses, when the outside original packaging is opened but the single-unit-dose packaging is unopened.

Ineligible drugs. A cancer drug may not be accepted by a licensed pharmacist at an approved participating pharmacy for dispensing if the drug meets any one of the following criteria:
(1) The drug bears an expiration date that is earlier than 6 months after the date the drug will be restocked.
(2) The drug shows evidence of having been adulterated or misbranded.
(3) The drug is designated by the Drug Enforcement Agency as a controlled substance
(4) The drug is subject to restricted distribution by the Food and Drug Administration.
(5) The drug requires refrigeration, freezing or other special temperature requirements beyond controlled room temperature.
(6) The drug has been previously compounded.

South Carolina

What is the most current legislation?
South Carolina Board of Pharmacy Policy and Procedure #144, Donation of Drugs and Devices.

When was it last updated?
Current Board policy; the posted PDF does not list a revision date.

Are rules determined by the board?
Yes. The operative authority here is Board Policy and Procedure #144.

Who can donate?
A South Carolina permitted pharmacy may donate legend medications or legend medical devices if the products have remained in the chain of custody of a licensed health care provider.

What can be donated?
Legend medications or legend medical devices that are not adulterated or misbranded, are not controlled substances, and are in original manufacturer containers or compliant single-dose tamper-evident packaging with identifying information intact.

Who can accept and dispense donations?
Free medical clinic operations serving indigent or uninsured patients.

Who can receive donations (patients)?
Indigent or uninsured patients of the free clinic.

Additional Notes
Patient information must be removed before donation. Medication may not be accepted directly from a patient. Transfer must occur under the supervision of a South Carolina licensed pharmacist with written agreement and recordkeeping retained for two years.

Tennessee

What is the most recent legislation?
House Bill 667: Learn more here.

When was it last updated?
January 26, 2023

Are rules determined by the Board of Pharmacy?
Yes. Rules are determined by the board in conjunction with the Department of Health.

Who can donate?
“Donor” means a person, pharmacy, or medical facility, as well as any drug manufacturer or wholesaler licensed by the Tennessee board of pharmacy, and a prison or government entity federally authorized to possess prescription drugs with a license or permit in good standing in the state in which the entity is located, who donates prescription drugs to a repository program approved pursuant to this part.

Medical Facility is defined as:
-Physician’s Office
-Hospital
-Health Clinic
-Nonprofit health clinic, which includes a federally qualified health center and rural health clinic
-Free clinic
-Charitable Organization
-Nursing Home

What can be donated?
Donated prescription drugs must be in unopened tamper-evident packaging. However, drugs packaged in single use doses may be accepted and dispensed when the outside packaging is opened if the single unit dose packaging is undisturbed. Donations of prescription drugs and supplies may be made on the premises, or mailed to, a repository participating in the program.

Who can accept and dispense donations?
A Pharmacy may elect to participate in the prescription drug donation repository program by providing written notification to the department.

Prescription drugs or supplies may be accepted and dispensed under the prescription drug donation repository program if all of the following conditions are met in accordance with the following:
(1) Prior to the first donation from a new donor, a repository must verify and record the following:
(A) The donor meets the definition provided in § 63-10-501;
(B) The donor’s name, address, phone number, and license number, if applicable;
(C) The donor will only make donations in accordance with this part
A licensed pharmacist employed, or under contract, with the repository program must inspect donated prescription drugs and supplies prior to dispensing to determine if the donated prescription drugs and supplies are suitable for dispensing.

Who can receive donations (patients)?
Repositories shall prioritize dispensing of donated prescription drugs and supplies as follows:
(1) First, to an indigent person.
(2) Second, to a person who has no prescription insurance or cannot afford the out-of-pocket expenses for the prescription drug or supplies prescribed; and
(3) Lastly, to another individual if an indigent, uninsured, or underinsured person is unavailable.

“Eligible individual” means an indigent person, an uninsured person, or an underinsured person who meets all other criteria approved pursuant to this part; “Indigent” means a person with an income that is below six hundred percent 600% of the federal poverty level as defined by the most recently revised poverty income guidelines published by the United States department of health and human services.

Additional notes:
A prescription drug or supplies may be accepted and dispensed under the prescription drug donation repository program if all of the following conditions are met:
(1) The prescription drug is in its original sealed and tamper-evident packaging. However, a prescription drug in a single-unit dose or blister pack with the outside packaging opened may be accepted if the single-unit dose packaging remains intact;
(2) The prescription drug or supplies are inspected before the prescription drug or supplies are dispensed by a licensed pharmacist employed by or under contract with the medical facility or pharmacy, and the licensed pharmacist determines that the prescription drug or supplies are not adulterated or misbranded; and
(3) The prescription drug or supplies are prescribed by a healthcare practitioner for use by an eligible individual and are dispensed by a pharmacist.
(4) Donated prescription drugs and supplies must be physically or electronically separated from non donated prescription drugs and supplies.
(5) Repositories must redact donor information from the packaging of donated prescription drugs and supplies prior to dispensing;
(6) Donated prescription drugs and supplies may be repackaged. Repackaged donated prescription drugs must be relabeled with the drug name, dose, and expiration date;
(7) Repositories must maintain an electronic inventory of accepted donated prescription drugs and supplies that includes the drug name, national drug code number, quantity, and date of donation;
(8) Repositories must return or destroy donated prescription drugs or supplies that are not suitable for dispensing;
(9) Repositories must dispose of donated prescription drugs and supplies by returning to the donor, transferring to a reverse distributor, or incinerating in an incinerator that is approved by the federal environmental protection agency;
(10) The record of transaction history for donated drugs and supplies must be maintained, beginning with the donor, including all prior donations, but not including information that is not required by law to be placed on the prescription drug’s label;
(11) An identifier of bar code may be used in place of information required by law for a record or label if the identifier or bar code allows for that information to be readily retrievable.
(12) Repositories must dispense in compliance with all applicable federal and state laws and regulations for dispensing, labeling, packaging, and record keeping;
(13) An expiration date is required on all dispensed prescription drugs and supplies. If multiple packaged donated drugs are used to fill a single prescription, the shortest expiration date must be used for the dispensed prescription;
(14) Donated prescription drugs and supplies must not be dispensed after its expiration date;
(15) Donated prescription drugs must not expire before the end use date by the patient based on the prescriber’s directions;
(16) Controlled substances are not acceptable for donation and must be disposed of pursuant to regulations promulgated by the federal drug enforcement administration (DEA);
(17) Prescription drugs that are part of a risk evaluation and mitigation strategy (REMS) program of the federal food and drug administration must not be accepted for donation;
(18) Records required pursuant to this section must be retained in physical or electronic format for a period of three (3) years. A donor or repository may contract with one another or a third party to create or maintain records on each other’s behalf;
(19) Donated prescription drugs and supplies may be used to replenish inventory in compliance with applicable provisions of 42 U.S.C. § 256b and regulations promulgated pursuant to that statute.

Utah

What is the most recent legislation?
Charitable Prescription Drug Recycling Program Amendments: Learn more here.
Charitable Prescription Drug Recycling Program: Learn more here.

When was it last updated?
March 22, 2021

Are rules determined by the Board of Pharmacy?
The Division

Who can donate?
Any eligible donor may participate in the program:
“Eligible donor” means a donor that donates a prescription drug from within the state and is:
(a) a nursing care facility;
(b) an assisted living facility;
(c) a licensed intermediate care facility for people with an intellectual disability;
(d) a manufacturer;
(e) a pharmaceutical wholesale distributor;
(f) an eligible pharmacy; or
(g) a physician’s office.

What can be donated?
“Eligible prescription drug” means a prescription drug, described in Section 58-17b-904, that is not:
(a) a controlled substance; or
(b) a drug that can only be dispensed to a patient registered with the drug’s manufacturer in accordance with federal Food and Drug Administration requirements.

Who can accept and dispense donations?
“Eligible pharmacy” means a pharmacy that:
(a) is registered by the division as eligible to participate in the program; and
(b) (i) is licensed in the state as a Class A retail pharmacy; or
(ii) is operated by:
(A) a county;
(B) a county health department;
(C) a pharmacy under contract with a county health department;
(D) the Department of Health, created in Section 26-1-4;
(E) the Division of Substance Abuse and Mental Health, created in Section 62A-15-103; or
(F) a charitable clinic.
“Charitable pharmacy” means an eligible pharmacy that is operated by a charitable clinic

Who can receive donations (patients)?
Medically indigent individuals.
“Medically indigent individual” means an individual who:
(a) (i) does not have health insurance; and
(ii) lacks reasonable means to purchase prescribed medications; or
(b) (i) is covered under Medicaid or Medicare; and
(ii) lacks reasonable means to pay the insured’s portion of the cost of the prescribed medications.

Additional notes:
58-17b-905. Participation in program — Requirements — Fees.
(1) An eligible donor, an individual, or an eligible pharmacy may participate in the program.
(2) An eligible pharmacy:
(a) shall comply with all applicable federal and state laws related to the storage and distribution of a prescription drug;
(b) shall comply with all applicable federal and state laws related to the acceptance and transfer of a prescription drug, including 21 U.S.C. Chapter 9, Subchapter V, Part H, Pharmaceutical Distribution Supply Chain;
(c) shall, before accepting or dispensing a prescription drug under the program, inspect each prescription drug to determine whether the prescription drug is an eligible prescription drug;
(d) may dispense an eligible prescription drug to a medically indigent individual who:
(i) is a resident of the state is located in the state when the drug is dispensed; and
(ii) has a prescription issued by a practitioner;
(e) may charge a handling fee, adopted by the division under Section 63J-1-504; and
(f) may not accept, transfer, or dispense a prescription drug in violation of the federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq.

Highlighted Provisions: (2021)
This bill: (link provided in most recent legislation)
• allows an individual to transfer prescription drugs to an eligible pharmacy or an eligible physician’s office;
• removes the requirement that only state residents receive donated drugs; and
• requires that a medically indigent individual be located in the state when the drug is dispensed.
Look for more information on rules made by the division found on link.

Virginia

What is the most recent legislation?
Senate Bill 14: Learn more here.

When was it last updated?
April 27, 2022

Are rules determined by the Board of Pharmacy?
Yes. Learn more here.

Who can donate?
When accepting drugs, a donor form must be completed. At the time of accepting donated drugs, the drug donation site shall give a copy of the donor form to the person donating and shall maintain the original donor form. A donor form is not required for drugs donated by a patient residing in a long-term care facility or other facility where drugs are administered to that patient if the drugs are donated directly to the provider pharmacy for that facility and such provider pharmacy is registered as a drug donation site.

– Individuals
– Nursing homes, living facilities, intermediate care facilities
– Hospitals
– Any facility operated by the Dept. of Behavioral Health and Developmental Services.

What can be donated?
Drugs may be accepted by a registered drug donation site only if the following criteria are met:
– The drugs bear an expiration date that is not less than 90 days from the date the drug is donated; and
– The drugs have not been adulterated or misbranded

The following drugs shall not be accepted by a drug donation site:
– Schedule II-V controlled substances or any other drug if such return is inconsistent with federal law
– Drugs determined to be hazardous for donation
– Drugs that may only be dispensed to a patient registered with the drug manufacturer under a restricted distribution system
– Drugs that have been previously compounded

Who can accept and dispense donations?
A pharmacist or a pharmacy technician under the personal supervision of a pharmacist shall receive and conduct the initial screening for eligibility of donated drugs. A drug donation site redispensing donated prescription drugs shall comply with applicable federal and state laws and regulations for dispensing prescription drugs.

Who can receive donations (patients)?
Patients of clinics organized in whole or in part for the delivery of health care services to the indigent.

Additional notes:
Drugs may only be accepted by a registered drug donation site under the following conditions: the official compendium storage requirements shall be assured; drugs shall be in manufacturers’ original sealed containers or in sealed individual dose or unit dose packaging , or better, as set forth in § 54.1-3411.1; drugs shall bear an expiration date that is not less than 90 days from the date the drug is donated; and the drugs shall not have been adulterated or misbranded. The following drugs shall NOT be accepted by a drug donation site: drugs in Schedule II-V (examples include most drugs for severe to moderate pain, anxiety, sleep disorders, and stimulants); drugs determined to be hazardous for donation based on the pharmacist’s professional judgment, experience, knowledge, or available reference materials; drugs that may only be dispensed to a patient registered with the drug manufacturer under a restricted distribution system; and drugs that have been previously compounded.

West Virginia

What is the most recent legislation?
Senate Bill 395: Learn more here.

When was it last updated?
January 20, 2023

Are rules determined by the Board of Pharmacy?
Currently no, but a new bill is being introduced that is currently pending. This will allow the BOP to create rules.

Who can donate?
“Donor” means any person, including an individual member of the public, or any entity legally authorized to possess drugs with a license or permit in good standing in the state in which it is located, including, but not limited to, a wholesaler or distributor, third-party logistic provider, pharmacy, dispenser, clinic, surgical or health center, detention and rehabilitation center, laboratory, medical or pharmacy school, prescriber or other health care professional, or healthcare facility. Donor also means government agencies and entities that are federally authorized to possess drugs including, but not limited to, drug manufacturers, repackagers, relabelers, outsourcing facilities, Veteran Affairs hospitals, and prisons.

What can be donated?
Drugs may only be dispensed pursuant to the program if:
(1) For prescription drugs, they do not expire before the completion of the medication by the eligible patient based on the prescribing health care professional’s directions for use and, for over-the-counter drugs, they do not expire before use by the eligible patient based on the directions for use on the manufacturer’s label; and
(2) The drugs were donated in unopened tamper-evident packaging as defined by United States Pharmacopeia General Chapter 659, Packaging and Storage Requirements, including, but not limited to, unopened unit-dose and multiple-dose packaging.
(b) The following drugs may not be donated to the program:
(1) Controlled substances;
(2) Drugs subject to a federal Food and Drug Administration managed risk evaluation and mitigation strategy pursuant to 21 U.S.C. §355-1 if inventory transfer is prohibited by such strategy; or
(3) Drugs that there is reason to believe are adulterated.

Who can accept and dispense donations?
“Eligible recipient” means a pharmacy, wholesaler, reverse distributor, hospital, federally qualified health center, nonprofit clinic, healthcare facility, an entity participating in a drug donation or repository program pursuant to another state’s law, or private office of a healthcare professional that has been authorized by the West Virginia Board of Pharmacy.

Who can receive donations (patients)?
“Eligible patient” means an indigent person. However, if the recipient’s supply of donated drugs exceeds the need for donated drugs by indigent patients, then any other person in need of a particular drug can be an eligible patient.
“Indigent patient” means a patient whose income is at or below the income eligibility requirements of the West Virginia Medicaid program, or who is uninsured, underinsured, or enrolled in a public assistance health benefits program.

Additional notes:
Learn more here.

Wyoming

What is the most recent legislation?
048.0044.2 – Medication Donation Program: Learn more here.

When was it last updated?
May 25, 2021

Are rules determined by the Board of Pharmacy?
The department, in cooperation with the Wyoming Board of Pharmacy, shall promulgate rules and regulations implementing the drug donation program established by this act.

Who can donate?
Any person or entity, including but not limited to a drug manufacturer, physician or health care facility, may donate drugs to the drug donation program. Drugs may be donated at a donation site maintained by the department, a take back event approved by the United States drug enforcement agency or at a physician’s office, a pharmacy or a health care facility that elects to participate in the program and meets criteria established by the department. Drugs shall be delivered either to the department’s central collection facility, a take back event approved by the United States drug enforcement agency or one of its regional collection facilities.
The drug drop off and disposal program shall have the following features:
(i) Drop off locations shall be located with donation sites or local law enforcement agencies approved by the United States drug enforcement agency to the extent necessary under federal law.
Donations Accepted from all 50 states.

What can be donated?
Can Redispense:
– Sealed packaging
– In-date (5+ months before expiration)
Examples: bubble-packs, unopened stock bottles, sealed mail-order pharmacy bottles, inhalers (in packaging/box), sealed liquids, eye drops, creams, patches, etc.

Cannot Redispense:
– Opened items
– Expired (within 5 months of expiration)
– Controlled substances (e.g. medications for pain, anxiety, sleep, ADHD, etc.)
– Refrigerated medicine
– Medical supplies
– Insulin syringes
– Empty bottles
– Veterinary medicine

Who can accept and dispense donations?
Drugs may be donated at a donation site maintained by the department, a take back event approved by the United States drug enforcement agency or at a physician’s office, a pharmacy or a health care facility that elects to participate in the program and meets criteria established by the department. Drugs in the donation program may be dispensed under the Medical Assistance and Services Act. Drugs available for redispensing shall be inventoried and posted on a list of drugs available for redispensing on the department’s internet website.

Who can receive donations (patients)?
To be eligible for the program, patients must demonstrate the following:
– Wyoming resident
– Low-income
– Lack of prescription insurance or inadequate coverage
Find the Application Packet here.

Additional notes:
35-7-1603. Drug donation, dispensing, and disposal program established, minimum requirements.
(a) The department shall establish pursuant to its rules and regulations a voluntary drug donation and disposal program as provided in this section.
(b) The drug donation and redispensing program shall have the following features:
(i) Any person or entity, including but not limited to a drug manufacturer, physician, or health care facility may donate drugs to the drug donation program;
(ii) Drugs may be donated at a donation site maintained by the department, a take-back event approved by the United States drug enforcement agency, or at a physician’s office, a pharmacy, or a health care facility that elects to participate in the program and meets criteria established by the department;
(iii) Drugs shall be redispensed under the drug donation program only if they are in their original, unopened, sealed packaging or, if the outside packaging is opened, the contents are single unit doses that are individually contained in unopened, tamper-evident packaging;
(iv) A drug shall not be redispensed within two (2) months of its expiration date or if the drug appears to be adulterated or misbranded in any way;
(v) Drugs in the donation program may be dispensed under the Medical Assistance and Services Act;
(vi) Drugs shall be delivered either to the department’s central collection facility, a take-back event approved by the United States drug enforcement agency, or one (1) of its regional collection facilities;
(vii) Drugs available for redispensing shall be inventoried and posted on a list of drugs available for redispensing on the department’s internet website;
(viii) The department shall provide access to computer systems and technical assistance to aid individuals in applying for government and private prescription drug programs and discounts.