Section Ph 1405.01 - Dispensing Requirements Unused prescription drugs and medical devices shall be dispensed in compliance with the following:
(a) The drugs or supplies are prescribed by a practitioner for use by an eligible patient and are dispensed by a charitable provider;(b) Eligible New Hampshire licensed pharmacies and prescribers shall establish the following policies and procedures for the dispensing of unused prescription drugs to the uninsured or underinsured patients as follows: (1) Limit the number of prescriptions per patient per visit or per month, to allow a greater number of individuals access to such prescription drugs;(2) If no underinsured or uninsured patients are available, how donated medications are made available to other patients; and(3) How the policies and procedures shall be enforced equally to prevent discrimination;(c) Pharmacies shall follow the requirements established in RSA 318 and RSA 146:6;(d) New Hampshire licensed pharmacies and prescribers dispensing unused prescription drugs shall: (1) Maintain a current drug identification book, or shall have a current computer program or online service for the same;(2) Provide information to all recipients regarding the program and maintain a participation consent form for each eligible recipient or patient representative agent of any unused prescription drug; and(3) Maintain samples in the original package as required under federal law, and the samples shall not be removed from original packaging for dispensing;(e) If it is determined by the charitable provider's professional judgment that it would be best for the patient, the drugs may be removed from patient specific packaging or unit dose packaging (UDP), commonly referred to as bingo cards, and repackaged;(f) Pharmacies may transfer unused prescription drugs to another pharmacy in the program when one pharmacy has the need for a drug and another pharmacy has it available. The transferring pharmacy shall follow the rules of the donating entity and the receiving pharmacy shall follow the rules of the accepting entity;(g) Prescription drugs or medical devices donated under Ph 1400 shall not be sold, resold, offered for sale, traded, or returned for financial credit. This shall not prohibit transfer between charitable providers.N.H. Admin. Code § Ph 1405.01
#13435, eff 8/18/2022 (See Revision Note at chapter heading for Ph 1400).