1. (1) An eligible donor, an individual, or an eligible pharmacy may participate in the program.

2. (2) An eligible pharmacy:

   1. (a) shall comply with all applicable federal and state laws related to the storage, disposal, and distribution of a prescription drug;
   2. (b) shall comply with all applicable federal and state laws related to the acceptance and transfer of a prescription drug, including 21 U.S.C. Chapter 9, Subchapter V, Part H, Pharmaceutical Distribution Supply Chain;
   3. (c) shall, before accepting or dispensing a prescription drug under the program, inspect each prescription drug to determine whether the prescription drug is an eligible prescription drug;

   4. (d) may dispense an eligible prescription drug to a medically indigent individual who:

      1. (i) is located in the state when the drug is dispensed; and
      2. (ii) has a prescription issued by a practitioner;
   5. (e) may charge a handling fee, adopted by the division under Section 63J-1-504; and
   6. (f) may not accept, transfer, or dispense a prescription drug in violation of the federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq.

Amended by Chapter 253, 2022 General Session