(1) Prescription drugs or devices which have been delivered to a community health center for dispensing to a patient of such health center pursuant to a valid prescription, but which are not dispensed or administered to such patient, may be delivered to a pharmacist or pharmacy under contract with the community health center for relabeling and redispensing to another patient of such health center pursuant to a valid prescription if:
(a) The decision to accept delivery of the drug or device for relabeling and redispensing rests solely with the contracting pharmacist or pharmacy;
(b) The drug or device has been in the control of the community health center at all times;
(c) The drug or device is in the original and unopened labeled container with a tamper-evident seal intact. Such container shall bear the expiration date or calculated expiration date and lot number; and
(d) The relabeling and redispensing is not otherwise prohibited by law.
(2) For purposes of this section:
(a) Administer has the definition found in section 38-2806;
(b) Calculated expiration date has the definition found in section 38-2884;
(c) Community health center means a community health center established pursuant to the Health Centers Consolidation Act of 1996, 42 U.S.C. 201 et seq., as such act existed on May 7, 2005;
(d) Deliver or delivery has the definition found in section 38-2813;
(e) Dispense or dispensing has the definition found in section 38-2817;
(f) Prescription has the definition found in section 38-2840; and
(g) Prescription drug or device has the definition found in section 38-2841.
(3) The Department of Health and Human Services, in consultation with the Board of Pharmacy, may adopt and promulgate rules and regulations to carry out this section.