Sec. 10.34.33.05. Donation Program — Drop-Off Sites Requirements

A. In order to become a drop-off site, a pharmacy or other health care facility:

(1) Shall submit an application to the Board to be designated as a voluntary drop-off site;

(2) Shall be in good standing with the Board or the Office of Health Care Quality;

(3) May not have a final disciplinary order issued against it by a health occupations board;

(4) May not be owned or operated by a health care practitioner who has not fulfilled the requirements of a final disciplinary order that may have been issued against the owner or operator by a health occupations boards;

(5) Shall maintain records of donated prescription drugs or medical supplies; and

(6) Shall assign a pharmacist or other health care practitioner the responsibility to accept donated prescription drugs or medical supplies at the drop-off site.

B. Assigned Pharmacist or Other Health Care Practitioner's Responsibility. A pharmacist or health care practitioner accepting donated prescription drugs or medical supplies at a drop-off site as set forth in §A(6) of this regulation:

(1) May not delegate acceptance of donated prescription drugs or medical supplies;

(2) May refuse to accept hazardous prescription drugs or medical supplies for donation if the decision is based on professional judgment, experience, knowledge, or available reference materials;

(3) Shall be in good standing with the pharmacist's or health care practitioner's respective health occupations board; and

(4) Shall have fulfilled the requirements of a final disciplinary order that may have been issued against the pharmacist or health care practitioner by a health occupations board.

C. Record Requirements. A drop-off site shall:

(1) Obtain a signed donor form releasing the prescription drug or medical supplies to the Program;

(2) Provide a copy of the signed donor form to the donor; and

(3) Maintain records of signed donor forms for 5 years.

D. Procedures for Handling of Donated Prescription Drugs or Medical Supplies.

(1) A drop-off site shall:

(a) Place the donated prescription drug or medical supply and the donor form in a sealed bag;

(b) Store the bag containing the donated prescription drugs or medical supplies in an area accessible only to those pharmacists or health care practitioners who have been assigned the responsibility to accept the donated prescription drugs or medical supplies; and

(c) Forward the sealed bags of donated prescription drugs or medical supplies to the repository at least every 2 weeks.

(2) A drop-off site may not:

(a) Dispense donated prescription drugs or medical supplies;

(b) Resell prescription drugs or medical supplies donated to the Program;

(c) Charge a fee for accepting a donation;

(d) Accept donated prescription drugs or medical supplies until the drop-off site applicant has been approved by the Board; or

(e) Accept prescription drugs for disposal.