1. (1) As used in this section, unless the context otherwise requires, medication means prescription medication that is not a controlled substance.

2. (2) A pharmacist participating in the medical assistance program may accept unused medication from a licensed facility, as defined in section 12-280-135 (1)(b), or a licensed health-care provider for the purpose of dispensing the medication to another person. A pharmacist shall reimburse the state department for the cost of medications that the state department has paid to the pharmacist if medications are returned to a pharmacist and the medications are available to be dispensed to another person. Medications shall only be available to be dispensed to another person under this section if the medications are:

   1. (a) Liquid and the vial is still sealed and properly stored;
   2. (b) Individually packaged and the packaging has not been damaged; or
   3. (c) In the original, unopened, sealed, and tamper-evident unit dose packaging.
3. (3) Medication dispensed pursuant to this section shall bear an expiration date that is later than six months after the date the drug was donated.
4. (4) Any savings realized through reimbursements received pursuant to subsection (2) of this section shall fund the administration of this section.
5. (5) The state board, in consultation with the state board of pharmacy, shall adopt rules for the implementation of this section.

Source: L. 2006: Entire article added with relocations, p. 1904, § 7, effective July 1. L. 2012: IP(2) amended, (HB 12-1311), ch. 281, p. 1621, § 76, effective July 1. L. 2019: IP(2) amended, (HB 19-1172), ch. 136, p. 1710, § 186, effective October 1. L. 2021: (4) amended, (SB 21-266), ch. 423, p. 2803, § 24, effective July 2.

Editor's note: This section is similar to former § 26-4-406.3 as it existed prior to 2006.