- House Committee Substitute -

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. A person or entity shall not be immune from liability under this program when the prescription drug is defective or does not comply with the dispensing requirements.

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.

A new Section 1 provides that, in accordance with the regulations promulgated by the Department of Social Services, residential care facilities I and II and skilled nursing facilities must return any unused prescription drugs issued to a Medicaid resident to the dispensing pharmacy.

This act is similar to HB 898 (2004).

LORIE TOWE