71-24,100.

Donated prescription drugs; requirements.

The department shall ensure that donated prescription drugs meet the following requirements:

(1) A prescription drug or supply is in its original, unopened, sealed, and tamper-evident packaging. A prescription drug packaged in single-unit doses may be accepted and dispensed if the outside packaging is opened but the single-unit-dose packaging is unopened. There shall be no limitation on the number of doses that can be donated to the program;

(2) The prescription drug or supply is inspected by the program before the prescription drug or supply is dispensed by a licensed pharmacist and such drugs are only dispensed pursuant to a prescription issued by a prescribing practitioner. Such drugs may be distributed to another health care facility or pharmacy for dispensing; and

(3) The prescription drug (a) bears an expiration date that is more than six months after the date the prescription drug was donated, except that such drug may be accepted and distributed if the drug is in high demand as determined by the program and can be dispensed for use, (b) is not adulterated or misbranded as defined in section 71-2461 or 71-2470, (c) has not expired, and (d) does not have restricted distribution by the federal Food and Drug Administration.