[§328B-2]  Return-for-credit-and-reuse ofprescription drugs.  (a)  Previously dispensed prescription drugs may bereturned to the dispensing pharmacy for credit to the payer and subsequentreuse 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 thecontrol or direction of a person in the institutional facility or the pharmacytrained and knowledgeable in the storage of drugs, including periods in transitby any carrier for hire or person or entity hired solely to transportprescription drugs;

(C)  Is not adulterated or misbranded;

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

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

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

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

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

(2)  Appropriate credits and handling fees areapplied;

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

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

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

(b)  Prescription drugs are not appropriate forreturn-for-credit-and-reuse and shall not be returned for credit under thischapter 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 theexpiration date or use by date;

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

(4)  The prescription drugs are in containers that donot have a tamperproof seal demonstrating that it has never before been opened.

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