1. A. After a person for whom a drug is prescribed or the person’s agent takes the drug from the premises where sold, distributed, or dispensed, a pharmacist or pharmacy permittee shall not accept the drug for return or exchange for the purpose of resale unless the pharmacist determines that:

   1. 1. The drug is in its original, manufacturer’s, unopened container; and
   2. 2. The drug or its container has not been subjected to contamination or deterioration.

2. B. The provisions of subsection (A) of this Section do not apply to a drug dispensed to:

   1. 1. A hospital inpatient as defined in R4-23-651; or

   2. 2. A resident of a long-term care facility where a licensed health care professional administers the drug, and the pharmacist ensures and documents that the drug:

      1. a. Has been stored in compliance with the requirements of the official compendium; and
      2. b. Is not obviously contaminated or deteriorated.

3. C. After a person for whom a device is prescribed or the person’s agent takes the device from the premises where sold, distributed, or dispensed, a pharmacist or pharmacy permittee shall not accept the device for return or exchange for the purpose of resale or reuse unless the pharmacist determines that:

   1. 1. The device is inspected and is free of defects;
   2. 2. The device is rendered incapable of transferring disease; and
   3. 3. The device, if resold or reused, is not claimed to be new or unused.

Historical Note

Adopted effective November 18, 1983 (Supp. 83-6). Amended by final rulemaking at 8 A.A.R. 1256, effective March 7, 2002 (Supp. 02-1).