Alabama

What is the most current legislation?
Learn more here.

When was it last updated?
Filed May 20, 2003
Effective June 24, 2003

Are rules determined by the board?
No. It is determined by Alabama Department of Public Health.

Who can donate?
May be donated by the patient or, if the patient is deceased or incompetent, the patient’s spouse, an adult child, a brother or sister, either parent, a legally-appointed guardian, or the administrator of the estate of a deceased patient.

What can be donated?
Must be unit dose or individually-sealed dose containers – bulk containers may only be taken from hospice programs. No specific stipulations about restricting controlled substances or drugs dispensed for Medicaid patients. Medications in bulk containers can only be donated by hospice programs.

Who can accept and dispense donations?
Charitable clinic – An established free medical clinic as defined in subdivision (1) of Section 4 of Act No. 2000-680 and any community health center provided for under the United States Public Health Service Act.

Who can receive donations (patients)?
Charitable patient – A person who is a recipient of services of a charitable clinic but shall not include people who are eligible to receive drugs under the Alabama Medicaid Program or under any other prescription drug program funded in whole or in part by the State of Alabama.

Alaska

According to the National Association of Boards of Pharmacy, the state does not allow a drug repository/donation program. Bills have been introduced regarding drug repository programs, but not enacted.

Arizona

What is the most current legislation?
Prescription Medication Donation Program: Learn more here.
2024: Learn more here.

When was it last updated?
January 2024

Are rules determined by the board?
Yes

Who can donate?
A person, manufacturer or health care institution may donate prescription medication to a physician’s office, pharmacy, hospital or health care institution that volunteers to participate in the program and that meets the requirements prescribed by the board.

What can be donated?
A prescription medication may be donated to a physician’s office, a pharmacy, or a health care institution that participates in the prescription medication donation program if the prescription medication:
1. Is not a:
a. Controlled substance;
b. Drug sample; or
c. Drug that can only be dispensed to a patient registered with the drug’s manufacturer, because donation could prevent the manufacturer from maintaining required patient registration data;
2. Is in its original sealed and tamper-evident unit dose packaging that is unopened or has only its outside packaging opened and its single unit dose packaging undisturbed;
3. Has been in the possession of a licensed health care professional, manufacturer, pharmacy, or health care institution and not in the possession of the individual specified in R4-23-1202(A)(1);
4. Has been stored according to federal and state drug law and the requirements of the manufacturer’s package insert;
5. Has an expiration date or beyond-use-date later than six months after the date of donation. 6. Is in packaging that shows the lot number and expiration date or beyond-use-date of the prescription medication;
7. Does not have any physical signs of tampering or adulteration; and
8. Is in packaging that does not have any physical signs of tampering, except for the outside packaging as specified in subsection (2).

Who can accept and dispense donations?
A physician’s office, pharmacy, hospital or health care institution that participates in the program shall dispense donated prescription medication:
1. Either directly or through participating governmental or nonprofit private entities.
2. Only pursuant to a prescription order.
3. Only to a recipient who is a resident of this state and who meets the eligibility standards prescribed by the board by rule.

Who can receive donations (patients)?
An individual is eligible to receive donated prescription medications from the prescription medication donation program if the individual:
1. Is a resident of Arizona;
2. Has an annual family income that is less than or equal to 300% of the poverty level;
3. Satisfies one of the following:
a. Has no health insurance coverage;
b. Has health insurance coverage that does not pay for the prescription medication prescribed;
c. Is an American or Alaska Native who:
i. Is eligible for, but chooses not to use, the Indian Health Service to receive prescription medications; and
ii. Either has no other health insurance coverage or has health insurance coverage that does not pay for the prescription medication prescribed; or
d. Is a veteran who:
i. Is eligible for, but chooses not to use, Veterans Health Administration benefits to receive prescription medications; and
ii. Either has no other health insurance coverage or has health insurance coverage that does not pay for the prescription medication prescribed;
4. Is ineligible for enrollment in AHCCCS

Additional notes:
If eligible for Medicare, is ineligible for a full low-income subsidy.

Arkansas

What is the most current legislation?
A.C.A. § 17-92-1103 Prescription Drug Redispensing Program: Learn more here.

When was it last updated?
February 18, 2019

Are rules determined by the board?
Yes. Learn more here.

Who can donate?
Clinic pharmacies of nursing facilities

What can be donated?
Donations of prescription drugs to a charitable clinic pharmacy shall meet the following requirements:
(A) The charitable clinic pharmacy accepts the prescription drugs only in their original sealed and tamper-evident packaging.
(B) However, the charitable clinic pharmacy may accept prescription drugs packaged in single-unit doses or blister packs with the outside packaging opened if the single-unit dose packaging remains intact.

Who can accept and dispense donations?
(1) “Charitable clinic” means a charitable nonprofit corporation or a facility organized as a not-for-profit corporation under §§ 4-28-201–4-28-206 and 4-28-209–4-28-224 that:
(A) Holds a valid exemption from federal income taxation issued pursuant to section 501(a) of the Internal Revenue Code;
(B) Is listed as an exempt organization under section 501(c)(3) of the Internal Revenue Code;
(C) Provides advice, counseling, diagnosis, treatment, surgery, care, or services relating to the preservation or maintenance of health on an outpatient basis for a period of less than twenty-four (24) consecutive hours to persons not residing or confined at the facility;
(D) May charge an administrative fee or request a donation not to exceed ten dollars ($10.00) per visit; and
(E) Has a licensed outpatient pharmacy

Who can receive donations (patients)?
(4) “Indigent” means a person with an income that is below two hundred percent (200%) of the federal poverty level.

Additional notes:
No controlled substances. Nothing shall restrict the use of samples by a physician or advanced practice nurse during the course of working at a charitable clinic whether or not the clinic has a licensed outpatient pharmacy.
No prescription drug dispensed through a charitable clinic pharmacy shall be eligible for reimbursement from the state Medicaid program.

California

What is the most current legislation?
SB-1346 Surplus Medication Collection and Distribution: Learn more here.

When was it last updated?
The amendment was made on Nov 18, 2022

Are rules determined by the board?
No. Section 150204 – (a) (1) A county may establish, by an action of the county board of supervisors or by an action of the public health officer of the county, as directed by the county board of supervisors, a repository and distribution program for purposes of this division. The county shall advise the California State Board of Pharmacy within 30 days from the date it establishes a repository and distribution program.

Who can donate?
(1) A licensed general acute care hospital, as defined in Section 1250.
(2) A licensed acute psychiatric hospital, as defined in Section 1250.
(3) A licensed skilled nursing facility, as defined in Section 1250, including a skilled nursing facility designated as an institution for mental disease.
(4) A licensed intermediate care facility, as defined in Section 1250.
(5) A licensed intermediate care facility/developmentally disabled-habilitative facility, as defined in Section 1250.
(6) A licensed intermediate care facility/developmentally disabled-nursing facility, as defined in Section 1250.
(7) A licensed correctional treatment center, as defined in Section 1250.
(8) A licensed psychiatric health facility, as defined in Section 1250.2.
(9) A licensed chemical dependency recovery hospital, as defined in Section 1250.3.
(10) A licensed residential care facility for the elderly, as defined in Section 1569.2, with 16 or more residents.
(11) An approved mental health rehabilitation center, as described in Section 5675 of the Welfare and Institutions Code.

What can be donated?
Medication donated to the repository and distribution program shall meet all of the following criteria:
(1) The medication shall not be a controlled substance.
(2) The medication shall not have been adulterated, misbranded, or stored under conditions contrary to standards set by the United States Pharmacopoeia (USP) or the product manufacturer.
(3) The medication shall not have been in the possession of a patient or any individual member of the public, and in the case of medications donated by a health or care facility, as described in Section 150202, shall have been under the control of a staff member of the health or care facility who is licensed in California as a health care professional or has completed, at a minimum, the training requirements specified in Section 1569.69.

Who can accept and dispense donations?
(1) A licensed general acute care hospital, as defined in Section 1250.
(2) A licensed acute psychiatric hospital, as defined in Section 1250.
(3) A licensed skilled nursing facility, as defined in Section 1250, including a skilled nursing facility designated as an
institution for mental disease.
(4) A licensed intermediate care facility, as defined in Section 1250.
(5) A licensed intermediate care facility/developmentally disabled-habilitative facility, as defined in Section 1250.
(6) A licensed intermediate care facility/developmentally disabled-nursing facility, as defined in Section 1250.
(7) A licensed correctional treatment center, as defined in Section 1250.
(8) A licensed psychiatric health facility, as defined in Section 1250.2.
(9) A licensed chemical dependency recovery hospital, as defined in Section 1250.3.
(10) A licensed residential care facility for the elderly, as defined in Section 1569.2, with 16 or more residents.
(11) An approved mental health rehabilitation center, as described in Section 5675 of the Welfare and Institutions Code.

Who can receive donations (patients)?
Indigent patients free of charge.

Additional notes:
Section 150204.5 – Pilot program to determine the feasibility of implementing and maintaining a repository and distribution program.
Medications cannot be a controlled substance.

Colorado

What is the most current legislation?
Learn more here.

When was it last updated?
CRS 12-280-135 effective UNTIL July 1, 2024

Are rules determined by the board?
No. (1) The state board of health, in consultation with the state board of pharmacy, shall promulgate any rules necessary for the implementation and administration of the program.

Who can donate?
(2) (a) (I) If donated by the patient, resident, or the patient’s or resident’s next of kin, a licensed facility may return unused medications or medical supplies, and used or unused medical devices to a pharmacist within the licensed facility or a prescription drug outlet in order for the materials to be redispensed to another patient or donated to a nonprofit entity that has the legal authority to possess the materials or to a practitioner authorized by law to dispense the materials.

(b) Medications are only available to be dispensed to another person or donated to a nonprofit entity under this section if the medications are:
(I) Liquid and the vial is still sealed and properly stored;
(II) Individually packaged and the packaging has not been damaged; or
(III) In the original, unopened, sealed, and tamper-evident unit dose packaging.
(c) The following medications may not be donated:
(I) Medications packaged in traditional brown or amber pill bottles;
(II) Controlled substances;
(III) Medications that require refrigeration, freezing, or special storage;
(IV) Medications that require special registration with the manufacturer; or
(V) Medications that are adulterated or misbranded, as determined by a person legally authorized to dispense the medications on behalf of the nonprofit entity.

What can be donated?
Medical supply, medical device, medication that is not a controlled substance

Who can accept and dispense donations?
Health care facility, hospital, pharmacy, assisted living facility, correctional facility, and hospice center located in-state.

Who can receive donations (patients)?
Uninsured and underinsured patients

Additional notes:
A pharmacy may redistribute cancer drugs and medical devices only to pharmacies, health care facilities, and medical clinics registered with the Colorado State Board of Pharmacy.

Medication, medical supplies, and medical devices donated pursuant to this section may not be resold for profit. The entity that receives the donated materials may charge the end user a handling fee, which fee shall not exceed the amount specified by rule of the board.

Connecticut

What is the most current legislation?
Learn more here.

When was it last updated?
The act took effect on June 21, 2000.

Are rules determined by the board?
No. The Department of Social Services runs the program in consultation with the Department of Consumer Protection.

Who can donate?
Long-term care facilities

What can be donated?
Drug products that are:
(1) not controlled substances,
(2) sealed in individually packaged units,
(3) returned to the vendor pharmacy within the recommended period of shelf life for the purpose of redispensing such drug products,
(4) determined to be of acceptable integrity by a licensed pharmacist, and
(5) oral and parenteral medication in single-dose sealed containers approved by the federal Food and Drug Administration, topical or inhalant drug products in units of use containers approved by the federal Food and Drug Administration or parenteral medications in multiple-dose sealed containers approved by the federal Food and Drug Administration from which no doses have been withdrawn.

Who can accept and dispense donations?
Vendor pharmacy or the Department of Social Services for drug repackaging and reimbursement

Who can receive donations (patients)?
Eligible patients of Connecticut

Additional notes:
Prescription drug products that are not controlled substances, sealed in individually packaged units, returned to the vendor pharmacy within the recommended period of shelf life for the purpose of re-dispensing such drug products, determined to be of acceptable integrity by a licensed pharmacist.

Florida

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

When was it last updated?
August 31, 2022

Are rules determined by the Board of Pharmacy?
No. This program is managed by the Bureau of Public Health Pharmacy, Division of Emergency Preparedness and Community Support.

Who can donate?
A person, health care facility, hospital, pharmacy, drug manufacturer, medical device manufacturer or supplier, wholesaler of drugs or supplies, or any other entity may donate.

What can be donated?
Prescription drugs used to treat cancer or its side effects and supplies used in the administration of a cancer drug. Prescription Drug: substances or preparations commonly known as “prescription” or “legend” drugs which are required by federal or state law to be dispensed only on a prescription, but does not include controlled substances, cancer drugs.

1. The drug is approved for medical use in the United States.
2. The drug is in unopened, tamper-evident packaging.
3. The drug requires storage at normal room temperature per the manufacturer or federal storage requirements.
4. The drug has been stored according to manufacturer or federal storage requirements.
5. The drug does not have any physical signs of tampering or adulteration and there is no reason to believe that the drug is adulterated.
6. The packaging does not have any physical signs of tampering, misbranding, deterioration, compromised integrity, or adulteration.
7. The packaging indicates the expiration date of the drug. If the lot number is not retrievable, all specified medications must be destroyed in the event of a recall.
8. The drug has an expiration date that is more than 3 months after the date on which the drug was donated.

Who can accept and dispense donations?
A physician’s office, pharmacy, hospital, hospice, or health care clinic that participates in the program.

Who can receive donations (patients)?
Residents, except those Medicaid-eligible or under any other prescription drug program funded in whole or in part by the state are ineligible to participate. A repository may dispense an eligible donation to a state resident who is indigent, uninsured, or underinsured, and who has a valid prescription for such donation.

Additional notes:
Cancer drugs billed to and paid for by Medicaid in long-term care facilities that are eligible for return to stock under federal Medicaid regulations shall be credited to Medicaid and are not eligible for donation under the program.

Patients wishing to receive these medications must:
1) Have family income less than 200% of federal poverty level
2) Be a resident of Florida
3) Have a valid prescription
4) Complete and submit a Florida prescription drug donation application to a participating repository

Hawaii

No Legislation, no operational program.

Illinois

What is the most recent legislation?
House Bill 119: Learn more here.

When was it last updated?
Effective January 1, 2022

Are rules determined by the Board of Pharmacy?
Nothing currently listed separately from legislation.

Who can donate?
Any person, including an individual member of the public, or any entity legally authorized to possess medicine including, but not limited to, a wholesaler or distributor, third party logistic provider, pharmacy, dispenser, clinic, surgical or health center, detention and rehabilitation center, jail, prison laboratory, medical or pharmacy school, prescriber or other health care professional, long-term care facility, or healthcare facility.

What can be donated?
A drug received but not yet accepted into inventory shall be kept in a separate designated area.
Prescription and over-the-counter drugs may be accepted under this Act only if all of the following requirements are met:
(1) The drug is in unopened tamper-evident packaging or has been repackaged according to Section 30.
(2) The drug is not expired.
(3) The drug is not a controlled substance.
(4) The recipient maintains a written or electronic record of a donation made under this Act consisting of the name, strength, and quantity of each accepted drug and the name, address, and telephone number of the donor, unless a recipient is further donating to a recipient under common ownership or common control. Notwithstanding any other law or rule, no other record of a donation is required.
(5) The donor has removed or redacted any patient name and prescription number and any other patient identifying information on the drug or otherwise maintains patient confidentiality by executing a confidentiality agreement with the recipient according to all State and federal medical patient privacy laws, rules, or regulations.
(6) The drug has a method recognized by the United States Pharmacopeia to detect improper temperature variations if the drug requires temperature control other than room temperature storage.

Who can accept and dispense donations?
Any healthcare provider or practice licensed to possess prescription drugs with a license or permit in the state in which the person or entity is located, including a free clinic, charitable clinic or pharmacy.

Who can receive donations (patients)?
Illinois resident and who is indigent, uninsured, underinsured, or enrolled in a public health benefits program.

Additional notes:
Learn more here.
I-DROP Website

A drug received but not yet accepted into inventory shall be kept in a separate designated area.

Iowa

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

When was it last updated?
February 8, 2023

Are rules determined by the Board of Pharmacy?
No. Rules may be determined by the Department of Health.

Who can donate?
Any individual who is 18 years of age or older may donate legally obtained prescription drugs or supplies to the centralized repository or a local repository if the drugs or supplies meet the requirements of this rule, as determined by a pharmacist who is employed by or under contract with a drug repository.

What can be donated?
All prescription drugs except controlled substances and refrigerated items.
109.4(5) – A repository may accept supplies necessary to administer the prescription drugs donated only if all of the following requirements are met:
a) The supplies are in their original, unopened, sealed packaging;
b) The supplies are not adulterated or misbranded

Who can accept and dispense donations?
109.3(1) – To be eligible for participation in the prescription drug donation repository program, a medical facility or pharmacy shall be in compliance with all applicable federal and state laws, including laws applicable to the storage and distribution of drugs and the appropriate licensure standards, and shall hold active, nonrestricted, state-issued licenses or registrations in good standing.
109.3(2) – Participation in the prescription drug donation repository program is voluntary.
109.3(3) – A pharmacy or medical facility may elect to participate in the prescription drug donation repository program by providing, on a form prescribed by the department and available on the program’s Web page, written notification to the centralized repository of all of the following:
a. The name, street address, and telephone number of the pharmacy or medical facility, and any state-issued license or registration number issued to the pharmacy or medical facility, including the name of the issuing agency.
b. The name and telephone number of the responsible pharmacist, physician or nurse practitioner who is employed by or under contract with the pharmacy or medical facility.
c. A statement, signed and dated by the responsible pharmacist, physician or nurse practitioner, indicating that the pharmacy or medical facility meets the eligibility requirements under this rule and shall comply with the requirements of this chapter.

Who can receive donations (patients)?
109.7(1) – An individual who requests drugs from the prescription drug donation repository program shall certify to the repository that the individual is a resident of Iowa and meets one or both of the following criteria:
a. Is indigent;
b. Has no active third-party prescription drug reimbursement coverage for the drug prescribed.
109.7(2) – The local repository shall collect from each individual recipient a signed intake collection form provided by the department or its contractor.
a. The intake collection form shall attest that:
(1) The individual is a resident of the state of Iowa;
(2) The individual’s income does not exceed 200 percent of the FPL;
(3) The individual is uninsured and has no prescription coverage or is underinsured and has no prescription coverage;
(4) The individual acknowledges that the drugs may have been donated; and
(5) The individual consents to a waiver of the requirement for child resistant packaging of the Poison Prevention Packaging Act.
b. The intake collection form will include an identification card to be given to the recipient for continued use for one year.
109.7(3) – The identification card is valid for one year or until the new federal poverty guidelines have been published for all prescriptions and supplies.
109.7(4) – A summary of data taken from the intake collection form is to be sent via regular mail, E-mail or facsimile to the centralized repository for data collection.

Additional notes:
No controlled substances, no drugs that require storage temperatures other than room temperature except those donated directly from drug manufacturers, drugs must be inspected for signs of adulteration donated drugs must not expire before patient will completely use them.

Kentucky

What is the most recent legislation?
Title 201 Chapter 2 Regulation 440: Learn more here.

When was it last updated?
October 12, 2022

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

Who can donate?
Any entity legally authorized and permitted to possess drugs, such as a wholesaler or distributor, third party logistic provider, pharmacy, clinic, surgical or health center, detention and rehabilitation center, laboratory, medical or pharmacy school, prescriber or other health care provider, or health facility; or
Government agencies and entitles that are federally authorized to possess drugs, such as:
1. Drug manufacturers;
2. Repackagers;
3. Relabelers;
4. Outsourcing facilities;
5. Veteran Affairs hospitals;
6. Prisons; and
7. FDA authorized importers, such as those under 21 U.S.C. 384g or similar provisions.

What can be donated?
Drugs as defined in KRS 315.010. Learn more here.

Who can accept and dispense donations?
Health facilities or pharmacies that elect to participate in the program and meet requirements to be set by the Board of Pharmacy.
Learn more here how Pharmacy is defined.

Who can receive donations (patients)?
An individual who is indigent, uninsured, or underinsured; and other patients, if a need for the donated drugs are not identified among indigent, uninsured, and underinsured individuals.
Form for Recipients to fill out can be found here.

Additional notes:
The health facility may charge a handling fee to an individual who received a legend drug or supplies under the program established under this section, except that the fee shall not exceed the amount established by an administrative regulation promotion by the board.

Maine

No Legislation, no operational program. Learn more here.

Massachusetts

No Legislation, no operational program. Learn more here.

Minnesota

What is the most recent legislation?
Sec. 151.555 MN Statutes: Learn more here.

When was it last updated?
2023

Are rules determined by the Board of Pharmacy?
Yes.

Who can donate?
A healthcare facility, licensed skilled nursing facility, assisted living facility where there is centralized storage of drugs and 24-hour on-site nursing coverage proved seven days a week, in- or out-of-state pharmacy, drug wholesaler, drug manufacturer, or an individual at least 18 years of age.

What can be donated?
Any prescription drug or medical supplies that has been approved for medical use in the United States including cancer drugs and antirejection drugs but not including controlled substances. Drug expiration must be at least 6 months from the donation date. Must be in its original, sealed, unopened, temper-evident packaging that includes the expiration date. Single-unit-dose drugs may be accepted if the single-unit-dose package is unopened. Drug cannot require storage temperatures other than normal room temperature unless coming directly from the manufacturer, a wholesale drug distributor, or a pharmacy in Minnesota.

Who can accept and dispense donations?
Central or local repositories contracted within the program: Central repositories determined by the board (in-state only); Local repositories determined by RoundtableRx (Pharmacies, hospitals, or nonprofit clinic) that volunteer to participate in the program. The medical facilities or pharmacies need to be licensed and in compliance with all applicable federal and state laws and administrative rules.

Who can receive donations (patients)?
An individual must submit to a local repository an intake application form that is signed by the individual and attests that the individual is: a resident of Minnesota, is uninsured and not enrolled in medical assistance program or MinnesotaCare program, has no prescription drug coverage, or is underinsured; acknowledges that the drugs received may be donated, and consents to a waiver of the child-resistant package requirements. Patient will then receive an identification card valid for one year. A repository shall dispense drugs and supplies to eligible individuals in the following order: individuals who are uninsured, individuals with no prescription drug coverage, individuals who are underinsured.

Missouri

What is the most recent legislation?
Title XII Public Health and Welfare – Section 196.979: Learn more here.

When was it last updated?
August 28, 2018

Are rules determined by the Board of Pharmacy?
No. Rules are determined by the Department of Health & Senior Services. Learn more here.

Who can donate?
Any person, including but not limited to a prescription drug manufacturer, health care facility may donate prescription drugs to the program.

What can be donated?
Prescription drugs in their original, sealed and tamper-evident unit-dose packaging, except in single-unit dose packaging but must be unopened. The expiration date must be more than 6 months from the donation date and contain the lot number. Must not be adulterated or misbranded. No controlled substances can de donated or dispensed. May not require special temperature requirements besides normal room temperature.

Who can accept and dispense donations?
A pharmacy, hospital, or nonprofit clinic that elects to participate in the prescription drug repository program and meets the criteria for participation established by rule of the department pursuant to section 196.984 may accept donated drugs. A pharmacy, hospital, or nonprofit clinic which meets eligibility requirements may dispense donated drugs.

Who can receive donations (patients)?
Persons who are residents of Missouri and who meet the eligible criteria for the program. Only pursuant to a prescription written by a health care professional. Persons that demonstrate economic need. Economic need is defined as a net family income below 300 percent of the federal poverty level and has no active prescription drug coverage for the drug prescribed. Patients must apply to the program and get an identification card.

Nebraska

What is the most recent legislation?
2005: Learn more here.
2003: Learn more here.

When was it last updated?
Original 2003/2005
Revised by DHHS on December 23, 2020

Are rules determined by the Board of Pharmacy?
No. Rules are determined by the Department of Health and Human Services. Learn more here.

Who can donate?
Any person or entity, including, but not limited to, a cancer drug manufacturer or health care facility.

What can be donated?
Cancer drugs or devices 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.
Cannot require refrigeration, freezing, or any other special temperature control beyond controlled room temperature; cannot be controlled substances. Can donate immunosuppressants.

Who can accept and dispense donations?
Any physician’s office, pharmacy, hospital, or health clinic that elects to participate in the program and meets criteria established by the department for such participation may accept cancer drugs.

Who can receive donations (patients)?
Eligible Nebraska residents pursuant to a prescription issued by a prescribing practitioner.

New Hampshire

No Legislation, no operational program.

New Mexico

What is the most recent legislation?
26-1-3.2 – Prescription Drug Donation: Learn more here.

When was it last updated?
November 27, 2011

Are rules determined by the Board of Pharmacy?
Yes.

Who can donate?
Patients that were prescribed from that participating practitioner or licensed clinic.

What can be donated?
Only eligible drugs originally prescribed by a licensed clinic or practitioner. Eligible drug defined as: unused prescription drug stored in a tamper-evident container, or by a tamper evident process preventing unauthorized access, and has an expiration date of six (6) months or greater listed on the packaging. No drug shall be re-dispensed more than one time.

Who can accept and dispense donations?
Participating practitioners and clinics may only accept donated drugs originally prescribed for use by established patients of that participating practitioner or licensed clinic. Practitioners may not accept donated drugs prescribed by other practitioners. Clinics may not accept donated drugs prescribed at other clinics.

Who can receive donations (patients)?
Any individual who signs a form acknowledging the drug donation process.

Additional notes:
Must be stored in a tamper-evident container, or by a tamper evident process preventing unauthorized access, and has an expiration date of six (6) months or greater listed on the packaging. No drug shall be re-dispensed more than one time. No controlled substances or drugs with a REMS program requirement.

North Carolina

What is the most recent legislation?
North Carolina Administrative Code: Learn more here.
FAQs Donation and Dispensing of Prescription Drugs, Devices, & Medical Supplies: Learn more here.

When was it last updated?
July 5

Are rules determined by the Board of Pharmacy?
Yes.

Who can donate?
A patient or the patient’s family member; A manufacturer, wholesaler, or supplier of drugs, supplies, or medical devices; A pharmacy, free clinic, hospital, or hospice care program.

What can be donated?
A pharmacist may accept and dispense drugs, supplies, and medical devices donated to the Program to eligible patients if all of the following requirements are met:
1. The drug, supplies, or medical device is in the original, unopened, sealed, and tamper-evident packaging or, if packaged in single-unit doses, the single-unit dose packaging is unopened.
2. The pharmacist has determined that the drug, supplies, or medical device is safe for redistribution.
3. The drug has not reached its expiration date.
4. The drug, supplies, or medical device is not adulterated or misbranded, as determined by a pharmacist.
5. The drug, supplies, or medical device is prescribed by a practitioner for use by an eligible patient and is dispensed by a pharmacist.

Who can accept and dispense donations?
Any pharmacy or free clinic holding a valid, current North Carolina pharmacy permit may accept and dispense donated drugs, supplies, and medical devices. A dispensing physician registered with the Board in compliance with G.S. 90-85.21(b) and providing services to patients of a free clinic that does not hold a pharmacy permit may accept and dispensed donated drugs, supplies, and medical devices.

Who can receive donations (patients)?
North Carolina residents only; An uninsured or underinsured patient who meets the eligibility criteria established by the Board, free clinic, or pharmacy. Free clinic: a private, nonprofit, community-based organization that provides health care services to little or no charge to low-income, uninsured, and underinsured persons through the use of volunteer health care professionals.

Ohio

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

When was it last updated?
May 23, 2023

Are rules determined by the Board of Pharmacy?
Yes.
Operating a Drug Repository Program: Learn more here.
Rule 4729:5-10-04: Learn more here.

Who can donate?
(1) Any pharmacy, drug manufacturer, or health care facility, or other person or government entity may donate or give drugs to a drug repository program.
(2) Any person or government entity may facilitate the donation or gift of drugs to the program.

For more information visit the following link: https://www.registerofohio.state.oh.us/pdfs/4729/5/10/4729$5-10-04_PH_FF_N_RU_20230517_1051.pdf

What can be donated?
Drugs that are either in the original sealed and tamper-evident packaging or packaged in single unit doses when the outside packaging is disturbed. There are some exceptions to accepting drugs that are required to be in donated drugs that are not in their original sealed and tamper-evident unit dose packaging when it comes to cancer drugs.

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)?
(A) Is a resident of Ohio or currently resides in this state; and
(B) Meets any of the following criteria:
(1) underinsured as defined in rule 4729:5-10-01 of the Administrative Code; or
(2) Meets any other eligibility requirements, as
determined by the repository program’s eligibility policy.

Additional notes:
For drugs contained in their original sealed and tamper-evident unit dose packaging:
1. The packaging must be unopened except that the drugs packaged in single unit doses may be accepted and dispensed when the outside packaging is opened if the single unit dose packaging is undisturbed. If the drugs were packaged by a pharmacy, the name of the pharmacy and any other pharmacy identifiers must be removed from the packaging prior to dispensing or personally furnishing to a recipient patient. This may be accomplished by removing the drug from the pharmacy packaging or by removing the name from the outside packaging of a multiple dose, unit dose packaging system.
2. The drugs have been in the possession of a licensed healthcare professional, terminal distributor of dangerous drugs, or drug distributor and not in the possession of the ultimate user (i.e. patient or caregiver).
3. The drugs have been stored according to federal and state requirements. The drugs must have an expiration date of six months or greater.
4. The repository program has developed and implemented standards and procedures to determine, based on a basic visual inspection, that the drugs appear to be unadulterated, safe, and suitable for dispensing.
5. The packaging must list the lot number and expiration date of the drug.
6. The drugs must not have any physical signs of tampering or adulteration.
7. The drug packaging must not have any physical signs of tampering.
8. All confidential patient information must have been removed from the drug packaging.
9. Except for controlled substances in a long-acting or extended-release form used for the treatment of opioid dependence or addiction, the drugs must not be controlled substances.
10. The drugs must not be samples.

For orally administered cancer drugs that are not in original sealed and tamper-evident unit dose packaging:
1. The repository program has developed and implemented standards and procedures to determine, based on a basic visual inspection, that the drugs appear to be unadulterated, safe, and suitable for dispensing.
2. The drugs have been stored according to federal and state requirements.
3. The drugs must have an expiration date of six months or greater.
4. The packaging must list the expiration date of the drug.
5. The drugs must not have any physical signs of tampering or adulteration.
6. The drugs must not be controlled substances or drug samples.
REMINDER: Orally administered cancer drugs mean either of the following:
(1) An orally administered dangerous drug that is used to treat cancer or its side effects; or
(2) An orally administered dangerous drug that is used to treat the side effects of a dangerous drug used to treat cancer. Orally administered cancer drugs do not include controlled substances or drugs that require refrigeration, freezing, or storage at a special temperature.

The following donor information must also be documented:
1. The brand name or generic name of the drug donated and either the name of the manufacturer or the national drug code number (NDC#).
2. The strength of the drug donated.
3. The quantity of the drug donated.
4. The date the drug was donated.
This information may be documented on the original signed donor form or on an alternate record. If an alternate record is used, the record must include the name of the donor.

Oregon

What is the most recent legislation?
Chapter 855, Division 44 – Charitable Pharmacies: Learn more here.

When was it last updated?
January 1, 2021. Learn more here.

Are rules determined by the Board of Pharmacy?
Yes.

Who can donate?
An individual, LTCF, pharmacy, practitioner, another registered charitable pharmacy, medical clinic, drug manufacturer or wholesaler, a medication assistance program.

What can be donated?
Prescription drugs received as donations in original, sealed, tamper-evident packaging that displays the lot number and expiration date of the drug. Sealed single unit dose packages received in opened packages containing multiple single unit doses. Prescription drugs received as donations and repackaged by another charitable prescription drug program.

Who can accept and dispense donations?
A charitable pharmacy that is registered with the Oregon board of pharmacy.

Who can receive donations (patients)?
Oregon resident, is underinsured or does not have health insurance coverage for the prescription drug requested, is enrolled in a program of public assistance or medical assistance.

Rhode Island

What is the most recent legislation?
Pharmaceutical Redistribution Program Act: Learn more here.

When was it last updated?
Effective June 30, 2022
Operational on January 1, 2023

Are rules determined by the Board of Pharmacy?
No. Rules are determined by RI Department of Health, collaborating with BOP.

Who can donate?
Any patient in legal possession of a prescribed drug, health care proxy, and any licensed health care facility or health care provider such as a hospital, pharmacy, or long term care facility, or a state or federal prison.

What can be donated?
Only drugs in their original sealed and tamper-evident unit dose packaging may be accepted and dispensed. The packaging must be unopened, except that drugs packaged in single unit doses may be accepted and dispensed when the outside packaging is opened if the single unit dose packaging is undisturbed. Drugs donated by individuals bearing an expiration date that is less than six (6) months from the date the drug is donated shall not be accepted or dispensed.

Who can accept and dispense donations?
Redistributors

Who can receive donations (patients)?
Individuals who are most in need, do not have insurance, are underinsured, or are reliant on public health programs. Populations reporting financial burden (after need for drugs prioritized people is fulfilled).

South Dakota

What is the most recent legislation?
Administrative Rules 20:51:13:02: Learn more here.
House Bill 1086: Learn more here.
Laws & Rules Related to the Practice of Pharmacy in South Dakota: Learn more here.

When was it last updated?
November 27, 2022

Are rules determined by the Board of Pharmacy?
The State Board of Pharmacy shall promulgate rules, in accordance with chapter 1-26.

Who can donate?
“Donor,” any natural person or entity legally authorized to possess drugs with a license or permit in good standing in the state in which it is located, and government agencies and entities that are federally authorized to possess drugs.

What can be donated?
A participating pharmacy may not accept the donation of any controlled substance or any drug that has physical signs of tampering, misbranding, deterioration, compromised integrity, or adulteration. A participating pharmacy may not accept the donation of or distribute any drug subject to the requirements of 21 U.S.C. 355-1(f)(3), as of January 1, 2022.

Who can accept and dispense donations?
Except as otherwise provided in this section, a participating pharmacy may accept a donation of prescriptions drugs and medical supplies if:
(1) The drugs and medical supplies are in the original, sealed, and tamper-evident packaging, unless the drugs are in single-unit-dose packaging and the single-unit dose packaging is unopened; and
(2) The expiration date is at least six months after the date of donation, unless the State Board of Pharmacy has determined that the drug or medical supply is in high demand and dispensable before the expiration date.

A donated drug or medical supply may not be dispensed until a pharmacist, holding a permit issued in accordance with § 36-11-32, has inspected the drug or medical supply and repackaged it, as necessary, for dispensing.

Who can receive donations (patients)?
(a) Prioritize persons who are indigent or without insurance coverage
(b) Permit dispensing to other persons, if the supply of a donated drug or supply exceeds demand

Texas

What is the most recent legislation?
Senate Bill 1243: Learn more here.
Prescription Drug Donation Pilot Program

When was it last updated?
June 19, 2015

Are rules determined by the Board of Pharmacy?
The Department of State Health Services’ Pharmacy Branch is the administrator for the program and does not accept nor dispense donated prescription drugs at its warehouse. Learn more here.

Who can donate?
“Donor” means an individual who donates unused prescription drugs under this chapter to a participating provider. Must first complete the donor form here.

What can be donated?
All donated drugs must:
– Be approved by the Food and Drug Administration (FDA).
– Be dispensed only by prescription.
– Bear the federal legend “Rx Only” or “Caution: Federal Law Prohibits Dispensing Without Prescription.”
– Be packaged into original sealed, unit-dose packages such as blister-cards, and be intended for human use.

A prescription drug cannot be donated if it:
– Is a controlled substance.
– Has not been stored in compliance with its product label.
– Is required to have storage temperatures other than normal room temperature. This includes drugs that have to be refrigerated.
– Is required by the Food and Drug Administration to have a risk evaluation and mitigation strategy.
– Is adulterated (e.g. changes to the substance without authorization).
– Is misbranded (e.g. false label statements) or was previously purchased by Medicaid.

Who can accept and dispense donations?
“Health care facility” means a facility that provides health care services to patients and maintains a pharmacy in the facility. The term includes the following facilities if a pharmacy is maintained in the facility:
(A) a general or special hospital as defined by Chapter 241;
(B) an ambulatory surgical center licensed under Chapter 243; and
(C) an institution licensed under Chapter 242.

DONATION PROCESS
(a) Before being dispensed to a recipient, a prescription drug donated under this chapter must be inspected by the participating provider in accordance with federal law, laws of this state, and department rule to determine whether the drug is adulterated or misbranded and whether the drug has been stored in compliance with the requirements of the product label.
(b) A donated prescription drug dispensed to a recipient under this chapter must be prescribed by a health care professional for use by the recipient.
(c) A participating provider may charge a handling fee not to exceed $20 to a recipient to cover the costs of inspecting, storing, labeling, and dispensing the donated prescription drug. A participating provider may not resell a prescription drug donated under this chapter. A donor may not sell a prescription drug to a participating provider.
(d) A participating provider may not submit a claim or otherwise seek reimbursement from any public or private third-party payor for donated prescription drugs dispensed to a recipient under this chapter. A public or private third-party payor is not required to provide reimbursement for donated drugs dispensed to a recipient under this chapter.”

Who can receive donations (patients)?
Any individual with a valid prescription can receive medication through this program. The recipient must sign a Recipient Form stating that the recipient understands that the drug is donated and accepts any risks associated with accidental mishandling of the drugs and acknowledges that the donor and the participating provider are acting in good faith and are therefore released from liability.

Additional notes:
The donated drugs must be:
(1) prescription drugs
(2) approved by the federal Food and Drug Administration
(3) sealed in unopened tamper-evident unit dose packaging;
(4) be oral medication in sealed single-dose containers approved by the federal Food and Drug Administration; or
(5) be topical or inhalant drugs in sealed units-of-use containers approved by the federal Food and Drug Administration.

The donated drugs may NOT:
(1) be the subject of a mandatory recall by a state or federal agency or a voluntary recall by a drug seller or manufacturer;
(2) be adulterated or misbranded;
(3) be a controlled substance;
(4) be a parenteral or injectable medication;
(5) require refrigeration;
(6) expire less than 60 days after the date of the donation;

A drug packaged in single unit doses may be accepted and distributed if the outside packaging is opened but the single unit dose packaging is unopened. The department may distribute the donated drugs only after a licensed pharmacist has determined that the drugs are of an acceptable integrity. The department may not charge a fee for the drugs donated under the pilot program other than a nominal handling fee. The department may not resell the drugs donated under the pilot program.

Sec. 442.056. RECIPIENT FORM. Before accepting a donated prescription drug under this chapter, a recipient shall sign a form prescribed by the department stating that:
(1) the recipient acknowledges that the donor is not a pharmacist and the donor took ordinary care of the prescription drug;
(2) the recipient acknowledges that the donor is known to the participating provider and that there is no reason to believe that the prescription drug was improperly handled or stored;
(3) by accepting the prescription drug, the recipient accepts any risk that an accidental mishandling could create; and
(4) the recipient releases the donor, participating provider, and manufacturer of the drug from liability related to the prescription drug.

Learn more here.

Vermont

What is the most recent legislation?
Bill S.243: Learn more here.

When was it last updated?
2022 – No program yet, linked bill is just draft and recently introduced.
January 1, 2023 Report: Read more here.

Are rules determined by the Board of Pharmacy?
This bill proposes to direct the Agency of Human Services, in consultation with the Board of Pharmacy, the Board of Medical Practice, and other interested stakeholders, to evaluate the feasibility of implementing an unused prescription drug repository program to accept and dispense donated prescription drugs and supplies to Vermont residents who meet specified eligibility standards.

Who can donate?
In 2018, Legislature enacted S 164 which repeals provisions relating to the Unused Prescription Drug Repository Program and directs the Agency of Human Services to evaluate the implementation of an unused prescription drug repository program to accept and dispense donated prescription drugs and supplies eligible residents.

What can be donated?
Prescription drugs and supplies.

Who can receive donations (patients)?
One of the following:
– Under 400% of the FPL
– Uninsured or underinsured
– Be in the Medicare ‘donut hole’ and/or
– Have high deductible coverage, or high copays

Washington

What is the most recent legislation?
Chapter 69.70: Learn more here.

When was it last updated?
June 17, 2023. Learn more here.

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

Who can donate?
Any practitioner, pharmacist, medical facility, drug manufacturer, or drug wholesaler may donate prescription drugs and supplies to a pharmacy for redistribution without compensation or the expectation of compensation to individuals who meet the prioritization criteria established in RCW 69.70.040. The person to whom a prescription drug was prescribed, or the person’s representative, may donate prescription drugs under subsection (1) of this section if, as determined by the professional judgment of a pharmacist, the prescription drugs were stored under required temperature conditions using the prescription drugs’ time temperature indicator information and the person, or the person’s representative, has completed and signed a donor form, adopted by the department, to release the prescription drug for distribution. Learn more here.

What can be donated?
Prescription drugs or supplies may be accepted and dispensed under this chapter if all of the following conditions are met:
(a) The prescription drug is in:
(i) Its original sealed and tamper evident packaging; or
(ii) An opened package if it contains single unit doses that remain intact;
(b) The prescription drug bears an expiration date that is more than six months after the date the prescription drug was donated;
(c) The prescription drug or supplies are inspected before the prescription drug or supplies are dispensed by a pharmacist employed by or under contract with the pharmacy, and the pharmacist determines that the prescription drug or supplies are not adulterated or misbranded;
(d) The prescription drug or supplies are prescribed by a practitioner for use by an eligible individual and are dispensed by a pharmacist; and
(e) Any other safety precautions established by the department have been satisfied.

Who can accept and dispense donations?
“Pharmacy” means a facility licensed by the pharmacy quality assurance commission under chapter 18.64 RCW in which the practice of pharmacy is conducted.
“Pharmacist” means a person licensed by the pharmacy quality assurance commission under chapter 18.64 RCW to practice pharmacy.

Who can receive donations (patients)?
Pharmacies, pharmacists, and prescribing practitioners that elect to dispense donated prescription drugs and supplies under this chapter shall give priority to individuals who are uninsured. If an uninsured individual has not been identified as in need of available prescription drugs and supplies, those prescription drugs and supplies may be dispensed to other individuals expressing need.

Additional notes:
The prescription drug:
a) Is in its original sealed and tamper-evident packaging; or
b) If in an opened package, it contains single-unit doses that remain intact;
c) Is inspected by a pharmacist and determined that the drug has never been opened, used, adulterated, misbranded and kept under the required temperature conditions using the drug’s time temperature indicator (TTI*) information; or
d) If no TTI, is inspected by a pharmacist and determined that the drug has never been opened, used, adulterated or misbranded, and has been stored in a manner and location that adheres to the conditions established by the manufacturer.
e) Is not a controlled substance.

Learn more here.

Wisconsin

What is the most recent legislation?
No recent legislation passed.

When was it last updated?
September 24, 2021 – Failed to Pass
Senate Bill 539: Learn more here.
Drug Donation and Repository Program Presentation: Learn more here.

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

Who can donate?
Any one of the following persons may donate legally obtained drugs or supplies to a drug repository, if the drugs or supplies meet the requirements under sub. (2), as determined by a pharmacist who is employed by or under contract with a drug repository:
(a) An individual who is 18 years old or older.
(b) A pharmacy, medical facility, manufacturer, or distributor, if the donated drugs have not been previously dispensed or administered.
In state or out of state donations may be accepted.

What can be donated?
A drug is eligible for donation under the drug repository program only if all of the following requirements are met:
1. The donation is accompanied by a completed drug repository donor form that is signed by the person making the donation or that person’s authorized representative.
2. The drug’s expiration date is at least 90 days later than the date that the drug was donated.
3. The drug is in its original, unopened, tamper-evident 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.
4. The drug is not adulterated or misbranded.
(b) Supplies. Supplies are eligible for donation under the drug repository program only if the supplies meet all of the following requirements:
1. The supplies are not adulterated or misbranded.
2. The supplies are in their original, unopened, sealed packaging.
3. The supplies are accompanied by a completed drug repository donor form that is signed by the person making the donation or that person’s authorized representative.

Who can accept and dispense donations?
Donated medications and supplies can be accepted by a pharmacy or medical facility.
(1) Drugs and supplies shall be dispensed by a licensed pharmacist consistent with the requirements in s. 450.11, Stats., and ch. Phar 7 or a practitioner consistent with the requirements in ch. Med 17.
(2) The pharmacist shall inspect drugs and supplies for adulteration, misbranding, and the date of expiration before dispensing. Drugs or supplies that are expired, adulterated, or misbranded may not be dispensed.
(3) Before a drug or supply may be dispensed to a recipient, the recipient shall sign a drug repository recipient form and shall be orally notified that the drug or supply may have been previously dispensed.

Who can receive donations (patients)?
Drugs and supplies shall be dispensed only to recipients who meet the eligibility requirements in s. DHS 148.05, in the following order of priority:
(a) Individuals who are uninsured.
(b) Individuals who receive or are eligible to receive Medicaid, Medicare, or other government based health care.
(c) All other individuals who are otherwise eligible under DHS 148.05 to receive drugs or supplies from a drug repository.
Note: Drug repository recipient forms can be obtained from the Department’s website here.

Additional notes:
(1) Drug repositories may distribute drugs and supplies donated under the drug repository program to other repositories if requested by a participating repository.
(2) A drug repository that has elected not to dispense donated drugs or supplies shall distribute those drugs and supplies to a participating repository upon request of the repository.
(3) If a drug repository distributes drugs or supplies under sub. (1) or (2), the repository shall complete a drug repository donor form. The completed form and a copy of the donor form that was completed by the original donor under s. DHS 148.06 (2) (a) 1. shall be provided to the fully participating drug repository at the time of distribution.

A drug or supplies may be accepted and dispensed under the program specified in sub. (2) only if all of the following requirements are met:
(a) The drug or supplies are in their original, unopened, sealed, and tamper-evident packaging or, if packaged in single-unit doses, the single-unit-dose packaging is unopened.
(b) In the case of a drug, the drug bears an expiration date that is later than 90 days after the date that the drug was donated.
(c) The drug or supplies are not adulterated or misbranded, as determined by a pharmacist employed by, or under contract with, the medical facility or pharmacy, who shall inspect the drug or supplies before the drug or supplies are dispensed.
(d) For a prescription drug or supplies used to administer a prescription drug, the drug or supplies are prescribed by a practitioner for use by an eligible individual and are dispensed by a pharmacist or practitioner.

None of the following drugs may be donated, accepted, distributed, or dispensed under this section:
(a) A controlled substance, as defined in s. 961.01
(b) A drug for which the U.S. food and drug administration requires that a patient using the drug be enrolled in a registry

Can receive inhalers and injections.