HCS SCS SB 1160 -- PRESCRIPTION DRUG REPOSITORY PROGRAM

SPONSOR:  Shields (Johnson, 47)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Senior
Security by a vote of 17 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 who can donate prescription drugs to the program
and the facilities where the drugs will be collected;

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

(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 for 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;

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

(10)  Requires residential and skilled care facilities to return
unused prescription drugs which were issued to residents enrolled
in the state Medicaid Program.

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 no
longer can take drugs which have been prescribed and they are
just thrown away.  The bill will allow these drugs to be donated
to the state and distributed to those who cannot afford them.

Testifying for the bill were Senator Shields; American Cancer
Society; Missouri State Medical Association; and Missouri
Association of Osteopathic Physicians and Surgeons.

OPPONENTS:  There was no opposition voiced to the committee.

Bob Dominique, Legislative Analyst

Missouri House of Representatives
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:16 am