Section 689.772 - Establishment of program; immunity from liability; rules; fee(1) There is created in the State Board of Pharmacy the Charitable Prescription Drug Program. The purpose of the program is to distribute donated prescription drugs to needy or uninsured individuals. Participation in the program is voluntary.(2) The program may accept and distribute within this state:(a) Prescription drugs received as donations in original, sealed, tamper-evident packaging that displays the lot number and expiration date of the drug;(b) Sealed single unit dose packages received in opened packages containing multiple single unit doses; and(c) Prescription drugs received as donations and repackaged by another charitable prescription drug program.(3)(a) Except as provided in paragraph (b) of this subsection, the Charitable Prescription Drug Program may not distribute donated prescription drugs that:(A) Fail to meet the requirements of this section;(B) Bear an expiration date that is less than nine months from the date the drugs are donated;(C) Are adulterated or misbranded; or(D) Belong to a category of controlled substances that may not be distributed under the program as adopted by the board by rule pursuant to ORS 689.774.(b) The board may waive a requirement of this subsection if the board determines that the waiver is in the interest of public health and safety. A waiver under this subsection must be issued in writing in accordance with rules adopted by the board.(4) The program shall: (a) Require a donor of a prescription drug to complete and sign a donor form, adopted by rule by the board, releasing the prescription drug to the program for distribution under the program and certifying that the donated prescription drug has been properly stored and has never been opened, used, adulterated or misbranded;(b) Require that the pharmacist will use professional judgment, based on a visual inspection, to verify compliance with this section and rules adopted by the board under ORS 689.774;(c) Properly dispose of all prescription drugs received as donations that do not meet the requirements of this section and rules adopted by the board under ORS 689.774;(d) Maintain separate confidential files for individuals receiving donated prescription drugs through the program;(e) Eliminate personal information from the labels of donated prescription drugs;(f) Maintain a separate inventory of donated prescription drugs received by the program and transferred to another charitable prescription drug program;(g) Store donated prescription drugs in a secure location to be used exclusively for the program;(h) Report to the board on the activities of the program in the form and manner required by the board; and(i) Require a recipient of a donated prescription drug to sign a form, as adopted by the board by rule, attesting that the recipient has been notified by the program that: (A) The prescription drug distributed to the recipient was donated to the program;(B) A visual inspection was conducted by a pharmacist to ensure that the donated prescription drug has not expired, been adulterated or misbranded, and is in its original, sealed packaging or has been repackaged by another charitable prescription drug program;(C) A pharmacist has determined that the donated prescription drug is safe to distribute based on the accuracy of the donor's form and the visual inspection by the pharmacist; and(D) Participants in the program are immune from liability as provided in ORS 689.780.(5) The program may not charge a fee for accepting a donation but may charge a fee established by the board by rule for distributing a donated prescription drug.(6) The program may not sell any prescription drugs received as a donation through the program.(7) The program may distribute donated prescription drugs that it received from another charitable prescription drug program only to an individual with a new prescription for prescription drugs who meets the requirements of ORS 689.778.(8) The program may refuse to accept from a donor a prescription drug that, upon visual inspection, appears not to qualify for distribution under this section or rules adopted by the board under ORS 689.774.(9) The program may distribute donated prescription drugs to:(a) Another charitable prescription drug program, subject to subsection (7) of this section; or(b) An individual with a new prescription for prescription drugs who meets the requirements of ORS 689.778.Amended by 2016 Ch. 14, § 1, eff. 3/3/2016.Amended by 2013 Ch. 95, § 1, eff. 1/1/2014.