CHAPTER 20. REGIONAL DRUG REPOSITORY PROGRAM

IC 25-26-20
     Chapter 20. Regional Drug Repository Program

IC 25-26-20-1
Definitions
    
Sec. 1. The definitions in IC 25-26-13-2 apply throughout this chapter.
As added by P.L.75-2004, SEC.4.

IC 25-26-20-2
"Nonprofit health clinic"
    
Sec. 2. As used in this chapter, "nonprofit health clinic" means any of the following:
        (1) A federally qualified health center (as defined in 42 U.S.C. 1396d(l)(2)(B)).
        (2) A rural health clinic (as defined in 42 U.S.C. 1396d(l)(1)).
        (3) A nonprofit health clinic that provides medical care to patients who are indigent, uninsured, or underinsured.
As added by P.L.75-2004, SEC.4.

IC 25-26-20-3
Voluntary regional drug repository program to collect and redistribute drugs to nonprofit health clinics
    
Sec. 3. (a) The board may organize a voluntary regional drug repository program to collect and redistribute drugs to nonprofit health clinics.
    (b) The board may enter into a voluntary agreement with any of the following to serve as a regional drug repository:
        (1) A pharmacist or pharmacy.
        (2) A wholesale drug distributor.
        (3) A hospital licensed under IC 16-21.
        (4) A health care facility (as defined in IC 16-18-2-161).
        (5) A nonprofit health clinic.
    (c) A regional drug repository may not receive compensation for participation in the program.
As added by P.L.75-2004, SEC.4.

IC 25-26-20-4
Donations of unadulterated drugs; exceptions
    
Sec. 4. (a) Except as provided in subsections (b) and (c), unadulterated drugs that meet the requirements set forth in IC 25-26-13-25(j) may be donated without a prescription or drug order to the regional drug repository program by the following:
        (1) A pharmacist or pharmacy.
        (2) A wholesale drug distributor.
        (3) A hospital licensed under IC 16-21.
        (4) A health care facility (as defined in IC 16-18-2-161).
        (5) A hospice.
        (6) A practitioner.
    (b) An unadulterated drug that:         (1) was returned under IC 25-26-13-25; and
        (2) was prescribed for a Medicaid recipient;
may not be donated under this section unless the Medicaid program has been credited for the product cost of the drug as provided in policies under the Medicaid program.
    (c) A controlled drug may not be donated under this section.
As added by P.L.75-2004, SEC.4. Amended by P.L.204-2005, SEC.19.

IC 25-26-20-5
Sale of donated drug prohibited; Medicaid recipients and participants in state funded prescription drug plan ineligible
    
Sec. 5. (a) A drug that is given by a regional drug repository to a nonprofit health clinic may not be:
        (1) sold; or
        (2) given to a patient, except upon a practitioner's prescription or drug order.
    (b) An individual who is eligible to participate in:
        (1) the state Medicaid program under IC 12-15; or
        (2) a program that:
            (A) provides a prescription drug benefit; and
            (B) is funded in whole or in part by state funds;
is not eligible to receive a drug donated under the voluntary regional drug repository program organized under section 3 of this chapter.
As added by P.L.75-2004, SEC.4.

IC 25-26-20-6
Immunity
    
Sec. 6. (a) The following are not subject to liability under IC 34-20-2-1:
        (1) A person or entity who donates a drug to a regional drug repository program under this chapter in accordance with rules adopted by the board under section 7 of this chapter.
        (2) A non-profit health clinic or practitioner who accepts or dispenses a drug under the regional drug repository program in accordance with rules adopted by the board under section 7 of this chapter.
        (3) A regional drug repository that distributes a drug under the program in accordance with rules adopted by the board under section 7 of this chapter.
    (b) Except in cases of negligence or willful misconduct by the manufacturer, a drug manufacturer is not subject to liability under IC 34-20-2-1 for a claim arising from a drug that is donated, accepted, or dispensed under this chapter to the user or the consumer.
As added by P.L.75-2004, SEC.4.

IC 25-26-20-7
Adoption of rules
    
Sec. 7. The board may adopt rules under IC 4-22-2 to:
        (1) establish standards and procedures for accepting, storing,

and dispensing drugs donated under this chapter;
        (2) establish the types of drugs that may be donated; and
        (3) administer this chapter.
As added by P.L.75-2004, SEC.4.