[§328B-2]  Return-for-credit-and-reuse of
prescription drugs.  (a)  Previously dispensed prescription drugs may be
returned to the dispensing pharmacy for credit to the payer and subsequent
reuse as provided by this chapter; provided that:



(1)  The prescription drug:



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



(B)  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;



(C)  Is not adulterated or misbranded;



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



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



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



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



(H)  Is first offered for donation to a drug
repository entity pursuant to chapter 328C for local distribution for needy persons;



(2)  Appropriate credits and handling fees are
applied;



(3)  Appropriate recordkeeping provides for
documentation of receipt, transfer, and credit;



(4)  The prescription drugs are returned only to the
original dispensing pharmacy; and



(5)  Prescription drugs from individual members of the
public are not accepted for reuse.



(b)  Prescription drugs are not appropriate for
return-for-credit-and-reuse and shall not be returned for credit under this
chapter under conditions which include but are not limited to the following:



(1)  Product valuation is less than the handling fee;



(2)  Market demand makes reuse implausible by the
expiration date or use by date;



(3)  The product prescription number or patient
identifier is not discernable, therefore credit to the payer is not possible;
or



(4)  The prescription drugs are in containers that do
not have a tamperproof seal demonstrating that it has never before been opened.



(c)  Prescription drugs that are not returnable
for credit may be donated as provided in chapter 328C. [L 2004, c 190, pt of
§2]