(a)
(1) The department of health, in cooperation with the board of pharmacy, may promulgate rules to establish and enforce a prescription drug donation repository program under which a person or organization may donate prescription drugs and supplies for use by an organization that has received a determination of exemption from the United States internal revenue service pursuant to 26 U.S.C. § 501(c)(3), and that meets eligibility criteria specified by rule for administering the program.
(2) Enforcement authority for rules promulgated pursuant to this part shall vest in the board of pharmacy.
(3) Organizations who administer a drug donation repository program shall report the following data to the department every year:
(A) Number of donors during the reporting year;
(B) Number of donations during the reporting year;
(C) List of prescription drugs and supplies donated during the reporting year;
(D) Number of people who received donations of prescription drugs or supplies during the reporting year;
(E) Total number of prescription drugs and supplies dispensed during the reporting year; and
(F) Total cost to eligible individuals who received donations during the reporting year.
(4) Rules promulgated pursuant to this part shall specify the format and method of transmission for data reported pursuant to subdivision (a)(3).
(b) Donations of prescription drugs and supplies under the program may be made directly to the repository program as required by the department or on the premises of a medical facility or pharmacy that elects to participate in the program and meets the requirements established by the department. Donations of prescription drugs and supplies may be made by mail.
(c) A medical facility or pharmacy may charge an individual who receives a prescription drug or supplies a handling fee that does not exceed an amount established by rule.
(d) A medical facility or pharmacy that receives prescription drugs or supplies may distribute the prescription drugs or supplies to another eligible medical facility or pharmacy for use pursuant to the program.
(e) Participation in the program is voluntary.
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