§461-11.5  Return of prescription drugs. 
[Section repealed on July 1, 2010.  L 2004, c 190, §11.]  Prescription
drugs previously dispensed or distributed by a pharmacy for administration to
patients in an institutional facility by personnel of the institutional
facility may be returned to and redispensed or redistributed by the pharmacist
if the prescription drug:



(1)  Is in:



(A)  Its original dispensed, unopened,
untampered multiple dose container or unopened, untampered single user unit; or



(B)  An in-use multiple dose container subject
to appropriate safeguards as defined in rules for public health or operational
considerations;



(2)  Has remained at all times under the control or
direction of a person in the institutional facility or the pharmacy trained and
knowledgeable in the storage of drugs, including periods in transit by any
carrier for hire or person or entity hired solely to transport prescription
drugs;



(3)  Is not adulterated or misbranded;



(4)  Has been stored under conditions meeting United
States Pharmacopoeia standards;



(5)  Is returned and redispensed or redistributed
before the expiration date or use by date on the multiple dose container or
single user unit;



(6)  Has not been in the possession of an individual
member of the public; and



(7)  Is not included within the classification of
controlled substances, as defined in applicable federal and state laws.



Nothing in this section shall be construed to
relieve any person from any requirement prescribed by law with respect to drugs
included or that may be included within the classification of controlled
substances, as defined in applicable federal and state laws.  Previously billed
returned drugs shall be subject to crediting to the payer pursuant to chapter
328B. [L 2004, c 190, §5; am L 2005, c 22, §32]