HCS HB 898 -- PRESCRIPTION DRUG REPOSITORY PROGRAM

SPONSOR:  Portwood (Johnson, 47)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Senior
Security by a vote of 18 to 0.

This substitute establishes the Prescription Drug Repository
Program in the Department of Health and Senior Services.  The
program must be established by January 1, 2005.

In its main provisions, the substitute:

(1)  Requires the program to accept and dispense donated
prescription drugs to Missouri residents who meet eligibility
criteria;

(2)  Establishes criteria for the acceptance of drugs used in the
program;

(3)  Specifies which persons can donate prescription drugs to the
program and the facilities where the drugs will be collected;

(4)  Allows voluntary participation of pharmacies, hospitals, and
nonprofit clinics in the program;

(5)  Requires that a participating pharmacy, hospital, or
nonprofit clinic dispense the donated prescription drugs to
eligible Missouri residents in compliance with applicable federal
and state drug laws;

(6)  Allows a participating entity to charge a fee to persons who
receive the donated prescription drugs.  The resale of donated
prescription drugs is prohibited;

(7)  Prohibits persons or entities who do not violate provisions
of the substitute and who act in good faith from being subject to
criminal or civil liability;

(8)  Requires the director of the department, in consultation
with the Missouri State Board of Pharmacy, to adopt rules to
implement the program; and

(9)  Specifies the subject areas and procedures that the rules
are required to address and implement.

The substitute contains penalty provisions.

FISCAL NOTE:  No impact on state funds in FY 2005, FY 2006, and
FY 2007.

PROPONENTS:  Supporters say that there are large quantities of
unused drugs, at least $6 million, which are destroyed annually.
In many instances, a cancer or nursing home patient dies or can
no longer take specific drugs which have been prescribed and the
unused drugs are just thrown away.  The bill will allow these
drugs to be donated to the state and provided to those who cannot
afford them.

Testifying for the bill were Representative Johnson (47); Dr.
Gary Ratkin; Missouri Cancer Coalition; Dot Caucheoni; Uta
Nettinger; Siteman Cancer Center; and American Cancer Society.

OPPONENTS:  There was no opposition voiced to the committee.

OTHERS:  Others testifying on the bill provided informational
testimony.

Others testifying on the bill were Leah McNay; Pharmaceutical
Manufacturers Association; and Missouri State Board of Pharmacy.

Bob Dominique, Legislative Analyst

Missouri House of Representatives
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:14 am