House Bill 58 — Legend Drug Donation Act

Phil Haunschild 2019 House bill ratings

Bill description: HB 58 would make it easier for individuals to donate unused prescription drugs to others in need.

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Does it give government any new, additional, or expanded power to prohibit, restrict, or regulate activities in the free market? Conversely, does it eliminate or reduce government intervention in the market?

Under current law, an individual who does not use the entire dosage of a prescription drug can donate the remainder to a charitable medical clinic or center for distribution to indigent patients. For example, a patient who is prescribed antibiotics for 30 days but only uses the medication for 15 can donate the remaining medication, if it remains in sealed packaging, to a community health center or a free medical clinic.

HB 90 would expand the list of who could receive donations. Rather than just charitable clinics or centers, an individual or entity could also donate unused medications to a traditional pharmacy. This change would make it easier for indigent patients to receive the prescription medication they need and for those who wish to donate their medications to do so.

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HB 90 would also grant pharmacies limited authority to transfer prescription drugs to another pharmacy (page 2, lines 24-25). If one pharmacy has a surplus of prescription drugs and another has a shortage, this provision would allow the pharmacies to move the medications to where they are needed, without violating the law.

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