N.J. Admin. Code § 8:32-3.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 8:32-3.1 - Maintenance

(a) An entity that establishes a drug donation program pursuant to this chapter may contract with a third-party intermediary to implement and administer the drug donation program.

(b) Donated over-the-counter drugs, prescription drugs, and administration supplies may be transferred:

1. From one redistributor to another redistributor in this State; and

2. To or from a redistributor in another state, provided that such transfer is permitted pursuant to the laws of that other state.

(c) The donation, transfer, or facilitation of donations and transfers of over-the-counter drugs or prescription drugs pursuant to this chapter shall not be deemed to constitute wholesale distribution and shall not require licensing as a wholesaler.

(d) Any of the following are eligible for donation, including, but not limited to, any of the following if their use is discontinued and they otherwise would be destroyed:

1. Over-the-counter drugs;

2. Prescription drugs; and

3. Administration supplies.

(e) A prescription drug that can only be dispensed to an individual who is registered with the manufacturer of that drug, in accordance with requirements established by the Federal Food and Drug Administration, shall not be accepted or distributed by any drug donation program.

(f) A common carrier or contract carrier may be used to transport donated over-the-counter drugs, prescription drugs, and administration supplies, in accordance with manufacturer recommendations, including but not limited to, from a donor to a redistributor, from a redistributor to another redistributor, from a redistributor to a donor, or from a redistributor to an eligible individual.

(g) The participation of any person, facility, or other entity in a drug donation program pursuant to this chapter shall be voluntary.

N.J. Admin. Code § 8:32-3.1

Adopted by 56 N.J.R. 1793(a), effective 9/3/2024