2023 California Code
Health and Safety Code - HSC
DIVISION 116 - SURPLUS MEDICATION COLLECTION AND DISTRIBUTION
Section 150202.
150202. (a) Notwithstanding any other law, a donor organization is defined, for purposes of this division, to refer to the following facilities, hospitals, and entities that legally possess centrally stored, unused medication:
(1) A licensed general acute care hospital, as defined in Section 1250.
(2) A licensed acute psychiatric hospital, as defined in Section 1250.
(3) A licensed skilled nursing facility, as defined in Section 1250, including a skilled nursing facility designated as an institution for mental disease.
(4) A licensed intermediate care facility, as defined in Section 1250.
(5) A licensed intermediate care facility/developmentally disabled-habilitative facility, as defined in Section 1250.
(6) A licensed intermediate care facility/developmentally disabled-nursing facility, as defined in Section 1250.
(7) A licensed correctional treatment center, as defined in Section 1250.
(8) A licensed psychiatric health facility, as defined in Section 1250.2.
(9) A licensed chemical dependency recovery hospital, as defined in Section 1250.3.
(10) A licensed residential care facility for the elderly, as defined in Section 1569.2, with 16 or more residents.
(11) An approved mental health rehabilitation center, as described in Section 5675 of the Welfare and Institutions Code.
(12) An eligible entity, as defined in subdivision (b) of Section 150201.
(13) A juvenile facility, as described in Section 208.3 of the Welfare and Institutions Code.
(14) A local detention facility, as described in Section 6031.4 of the Penal Code.
(15) A facility that is any of the following:
(A) Licensed by the State Department of Social Services.
(B) Licensed by the State Department of Public Health.
(C) Licensed by the State Department of Health Care Services.
(D) Licensed by or under the jurisdiction of the Department of Corrections and Rehabilitation.
(E) Licensed by or under the jurisdiction of the Division of Juvenile Justice.
(16) A licensed home health agency, as defined in Section 1725.
(17) A licensed hospice agency, as defined in Section 1745.
(18) A licensed hospice facility, as defined in subdivision (n) of Section 1250.
(b) Medication donated by facilities pursuant to subdivision (a) shall meet the requirements of subdivisions (c) and (d) of Section 150204 and shall be unexpired medication that would have otherwise been destroyed by the facility or another appropriate entity.
(c) Medication eligible for donation by facilities pursuant to subdivision (a) shall be directly delivered from the dispensing pharmacy, wholesaler or manufacturer, to the facility and subsequently centrally stored. Centrally stored medication that originated from a patient or resident is not eligible for donation under this division.
(Amended by Stats. 2022, Ch. 886, Sec. 1. (SB 1346) Effective January 1, 2023.)
