[§328B-3]  Credit and reimbursement for
handling returned drugs.  (a)  Prescription drugs that have been refused on
delivery and are returned to the dispensing pharmacy shall be credited to the
payer in full and shall not be subject to a handling fee.



(b)  If prescription drugs returned to the
dispensing pharmacy have been previously billed to the payer, the payer shall
be credited for the quantity of drugs returned, not including the original
dispensing fee, and less any handling fee.  An appropriate handling fee, not to
exceed the institutional facility's actual cost of processing returned
prescription drugs and the receiving pharmacy's actual cost of receiving and
processing returned prescription drugs, shall be established by the department
of human services.  The handling fee shall not reduce the credit amount below
zero.  Dispensed and billed drugs with a valuation below the handling fee shall
not be returnable for credit under this chapter.



(c)  The pharmacy shall reimburse the
institutional facility for the proper storage and recordkeeping of returned
drugs from the handling fee as determined in subsection (b), if any.



(d)  Returned prescription drugs may be sold by
prescription subject to the provisions of this chapter. [L 2004, c 190, pt of
§2]