2803-E - Residential health care facilities; return and redistribution of unused medication.

* §   2803-e.   Residential   health   care   facilities;  return  and  redistribution of unused medication. 1. Notwithstanding any inconsistent  provision of law, rule or regulation to the contrary,  the  commissioner  is  hereby  authorized  and  directed  to  permit  either  a resident or  consultant pharmacist in a residential health care facility to return to  the pharmacy from which it was purchased any unused medication  provided  that  such medication is sealed in unopened, individually packaged units  and within the recommended period of shelf life, and provided that  such  medication   is  not  a  controlled  substance  as  defined  in  section  thirty-three hundred six of the public health law.    2. The pharmacy to which such medication as described  in  subdivision  one  of  this section is returned shall be permitted to receive, restock  and redistribute that medication.    3. The pharmacy to which such medication as described  in  subdivision  one of this section is returned shall be required to reimburse or credit  the  purchaser  of  that  medication  for  the unused medication that is  restocked and redistributed. No pharmacy shall be required to accept any  medication returned under subdivision one of this section.    4. Neither an individual patient or the  state,  if  a  patient  is  a  recipient  of  a  state  funded  program,  shall  be  charged for unused  medication which according to the provisions of this law is returned for  reimbursement or credit.    * NB There are 2 § 2803-e's