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

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

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

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