HS/HCS/SCS/SB 1160 - This act establishes the Prescription Drug Repository Program within the Department of Health and Senior Services by January 1, 2005. The program shall accept and dispense donated prescription drugs to eligible Missouri residents. Only sealed and unopened prescription drugs will be accepted.

Any person or entity may donate prescription drugs at any pharmacy, hospital, or non-profit clinic that elects to participate in the program. These participating pharmacies, hospitals, and non-profit clinics shall dispense the donated prescription drugs to eligible Missouri residents in compliance with federal and state drug laws. Persons receiving the donated prescription drugs may be charged a handling fee, which shall not exceed two hundred percent of the Medicaid dispensing fee.

The donated prescription drugs must not be resold and any individual who knowingly resells a donated prescription drug will be guilty of a Class D felony.

The specified persons and entities in section 196.981 shall not be subject to civil and criminal liability for injury or death relating to the donating, accepting or dispensing of prescription drugs under the program. In the absence of bad faith, a prescription drug manufacturer shall not be subject to civil or criminal liability for injury or death relating to the donating, accepting or dispensing of prescription drugs under the program, including any liability for the failure to communicate product information or the expiration date of the drug.

The Director of the Department of Health and Senior Services, in consultation with the State Board of Pharmacy, must promulgate rules to implement this program.

This act is identical to SCS/HCS/HB 898 (2004).
LORIE TOWE