Mississippi § 43-13-509 - Implementation of program.

§ 43-13-509. Implementation of program.

Not later than January 1, 2005, the State Board of Pharmacy, in consultation with the State Department of Health, shall adopt rules, in accordance with the Administrative Procedures Law (Section 25-43-1 et seq.), governing the drug repository program that establish all of the following: Eligibility criteria for pharmacies, hospitals and nonprofit clinics to receive and dispense donated drugs under the program; Standards and procedures for accepting, safely storing and dispensing donated drugs; Standards and procedures for inspecting donated drugs to determine that the original unit dose packaging is sealed and tamper-evident and that the drugs are unadulterated, safe and suitable for dispensing; Eligibility standards based on economic need for individuals to receive drugs; A means, such as an identification card, by which an individual who is eligible to receive donated drugs may demonstrate eligibility to the pharmacy, hospital, or nonprofit clinic dispensing the drugs; A form that an individual receiving a drug from the repository must sign before receiving the drug to confirm that the individual understands the immunity provisions of the program, and waiving all right to sue any individual or entity involved in the program; A formula to determine the amount of a handling fee that pharmacies, hospitals and nonprofit clinics may charge to drug recipients to cover restocking and dispensing costs; In addition, for drugs donated to the repository by individuals: A list of drugs, arranged either by category or by individual drug, that the repository will accept from individuals; A list of drugs, arranged either by category or by individual drug, that the repository will not accept from individuals. The list must include a statement as to why the drug is ineligible for donation; and A form each donor must sign stating that the donor is the owner of the drugs and intends to voluntarily donate them to the repository; In addition, for drugs donated to the repository by health care facilities or government entities: A list of drugs, arranged either by category or by individual drug, that the repository will accept from health care facilities or government entities; and A list of drugs, arranged either by category or by individual drug, that the repository will not accept from health care facilities or government entities. The list must include a statement as to why the drug is ineligible for donation; and Any other standards and procedures the board considers appropriate. The provisions of paragraphs (h)(ii) and (i)(ii) of subsection (1) of this section shall not be construed as prohibiting a pharmacy from accepting drugs that are not eligible to be dispensed under the drug repository program, for the proper disposal of those drugs.