2006 Code of Virginia § 54.1-3411.1 - Prohibition on returns, exchanges, or re-dispensing of drugs; exceptions

54.1-3411.1. Prohibition on returns, exchanges, or re-dispensing of drugs;exceptions.

A. Drugs dispensed to persons pursuant to a prescription shall not beaccepted for return or exchange for the purpose of re-dispensing by anypharmacist or pharmacy after such drugs have been removed from the pharmacypremises from which they were dispensed except:

1. In a hospital with an on-site hospital pharmacy wherein drugs may bereturned to the pharmacy in accordance with practice standards;

2. In such cases where official compendium storage requirements are assuredand the drugs are in manufacturers' original sealed containers or in sealedindividual dose or unit dose packaging that meets official compendium class Aor B container requirements, or better, and such return or exchange isconsistent with federal law; or

3. When a dispensed drug has not been out of the possession of a deliveryagent of the pharmacy.

B. Pursuant to a voluntary agreement between a nursing home or a hospital anda pharmacy, drugs may be transferred in accordance with subdivision A 2between the nursing home or the hospital and the pharmacy for re-dispensingto patients of clinics organized in whole or in part for the delivery ofhealth care services without charge, or to the indigent, free of charge, ifthe following procedures are satisfied:

1. The physical transfer shall be accomplished by a person authorized to doso by the pharmacy;

2. The person or his authorized representative from whom the prescriptionmedication was obtained shall provide written consent for the donation andsuch consent shall be maintained on file at the licensed nursing home orhospital;

3. The person's name, prescription number, and any other patient identifyinginformation, shall be obliterated from the packaging prior to removal fromthe licensed nursing home or hospital;

4. The drug name, strength, and expiration date or beyond-use date shallremain on the medication package label;

5. An inventory list of the drugs shall accompany the drugs being transferredthat shall include, but not be limited to, the medication names, strengths,expiration dates, and quantities; and

6. Outdated drugs shall not be transferred and shall be destroyed inaccordance with regulations adopted by the Board.

The pharmacist-in-charge at the pharmacy shall be responsible for determiningthe suitability of the product for re-dispensing. A re-dispensed prescriptionshall not be assigned an expiration date beyond the expiration date orbeyond-use date on the label from the first dispensing and no product shallbe re-dispensed more than one time. No product shall be accepted forre-dispensing by the pharmacist where integrity cannot be assured.

C. Nothing in this section shall authorize the donation of unusedprescription drugs dispensed for use by persons eligible for coverage underTitle XIX or Title XXI of the Social Security Act, as amended.

(2002, c. 632; 2005, c. 68.)