The reuse of returned portions of a prescription drug for human consumption is prohibited whether dispensed by order of a prescription or otherwise, except to allow:

1. (1) Patients in nursing facilities to donate unused medications to charitable clinic pharmacies as provided by:

   1. (A) Arkansas Code § 17-92-1101 et seq.; and
   2. (B) 17 CAR §§ 160-1304 and 160-1706; or

2. (2)

   1. (A) Return of oral medications packaged in unit dose or blister packs, oral liquids in sealed unit dose packaging, and injectables in sealed unit dose vials or sealed multi-dose vials that have been sent to a long-term care facility or correctional facility but have not been opened or partially used by that facility.

   2. (B) The aforementioned medications may be returned to the dispensing pharmacy for reuse to another nursing home or correctional facility patient by relabeling the medication if the medication is returned to the pharmacy within seventy-two (72) hours of delivery to the facility provided that:

      1. (i) The drugs were originally dispensed by that pharmacy to the facility;
      2. (ii) Under the pharmacist’s professional judgment, the drugs are appropriate for return and reuse;
      3. (iii) Any pharmacist or pharmacy accepting eligible drugs for return or reuse must adopt written policies and procedures governing such drugs to ensure compliance with subdivision (2) of this section;
      4. (iv) Medications meet all federal and state standards for product integrity to the satisfaction of the dispensing pharmacist;
      5. (v) The pharmacist has the assurance from a healthcare professional responsible for the drugs at the facility that the drugs have been stored in accordance with the manufacturer’s recommendations;
      6. (vi) Medications requiring refrigeration cannot be returned for reuse; and
      7. (vii) Controlled substances cannot be returned for reuse.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: “(10/9/80, Revised 6/23/05, and 6/30/2007)"