Current through September 24, 2024
1. Facilities that
dispense prescription medications to poor and underprivileged persons at no
charge shall obtain a charity pharmacy permit from the Mississippi Board of
Pharmacy. Such medications must be dispensed pursuant to orders or
prescriptions of practitioners authorized by law to prescribe such drugs. A
facility permitted by the Mississippi Board of Pharmacy may dispense
prescription medications to poor and underprivileged persons at no charge
without a charity pharmacy permit pursuant to a charitable drug distribution
program that has been approved by the Mississippi Board of Pharmacy.
2. A Charity Pharmacy may receive, maintain
and dispense donated "sample" or purchased prescription medications to
medically indigent residents of the State of Mississippi pursuant to a valid
prescription or order. No dispensed patient specific medications may be
received for re-dispensing under this permit except as allowed by these
regulations. It is the responsibility of the charity pharmacy to determine
eligibility of patients to receive medications at no cost. Controlled
substances may not be donated, purchased by or transferred to a charity
pharmacy under this regulation. Donated medications must be received,
maintained and dispensed in accordance with Pharmacy Board Regulations.
3. A Charity Pharmacy may receive,
maintain and dispense un-needed and unused prescription medications donated by
Long Term Care (LTC) and Assisted Living Facilities (ALF) pursuant to
regulations as established by the Board.
4. Long-Term Care (LTC) and Assisted Living
Facilities (ALF) may apply to the Mississippi Board of Pharmacy for an
Unused/Unneeded Medication Donation Permit. Such facilities must be in good
standing with the Mississippi State Department of Health and must comply with
guidelines established by the Board for donation of un-needed and unused
prescription medications to a charity. It is the responsibility of the charity
pharmacy to determine eligibility of patients to receive medications at no
cost. Controlled substances may not be donated or transferred by a LTC or ALF
to a charity pharmacy under this regulation.
5. The Consultant Pharmacist for the
Long-Term Care/Assisted Living Facility must verify that the facility has
policies and procedures to comply with the following guidelines regarding
donation of un-needed and unused prescription medication to a charity pharmacy:
A. A dispensed prescription is the property
of the patient for whom it was prescribed regardless of who paid for the
prescription. The patient or agent of the patient must authorize the donation
of the un-needed or unused medications, unless the patient is deceased. Long
Term Care/Assisted Living Facilities must maintain documentation of
authorization for donation of medications for a period of two years.
B. Quality and suitability for reuse of
prescription medications may be determined by verifying documentation of the
following:
(1) That the medications have been
maintained in compliance with applicable Board of Pharmacy Regulations.
(2) That prior to donation to the
Charity pharmacy, the name of the patient and any identifying information must
be redacted or removed.
(3) That
medications are not adulterated or mutilated.
(4) That medications have identifiable
expiration dates that are more than 60 days after the date the drugs are
donated to the charity pharmacy.
(5) That liquid medications are not
acceptable for reuse or dispensing.
(6) That expired medications are not
acceptable for reuse or dispensing.
(7) That controlled substances are not
acceptable for donation and dispensing.
C. Medication Donation Forms must be
completed according to the following guidelines and contain the following
pertinent information:
(1) Name, address,
Board of Pharmacy Permit Number for the donating LTC/ALF facility and name of
consultant pharmacist of the donating facility.
(2) Name, address, Pharmacy Permit Number and
name of Pharmacist-In-Charge of Charity Pharmacy to whom the medications are to
be donated.
(3) Name, strength,
quantity, expiration date, and identification verification of medications to be
donated.
(4) The consultant
pharmacist or a licensed healthcare provider of the donating entity must attest
that the donated medications have been maintained in compliance with procedures
developed by the consulting pharmacist to product integrity of the donated
medications.
(5) The Medication
Donation Form must be signed and dated by the Charity Pharmacy Pharmacist
Representative on receipt of donated medications.
(6) A copy of the Medication Donation Form
must be maintained in chronological order by the donating entity as well as the
receiving Charity Pharmacy for a period of two (2) years.
6. Eligibility of donated
prescription drugs:
A. Prescription drugs for
donation must be packaged in the original sealed or tamper evident packaging in
unit dose or blister packs as prepared by the original packager/repackager of
the medication.
B. Prior to reuse
or dispensing by the Charity pharmacy, medications must be identified by a
licensed Pharmacist.
C. No
adulterated, misbranded, compounded or unidentified medications may be accepted
and dispensed by the Charity Pharmacy.
D. The expiration date assigned by the
original packager/repackager of the medication will become the expiration date
of the donated medication.
E.
Donated prescription medications may not be sold, resold, offered for sale,
traded or transferred to any other entity.
F. Donated medications must remain in
original sealed packaging until time of dispensing.
G. Unused and un-needed donated medications
may not be returned to the donating facility and must be rendered unusable and
disposed of in accordance with Board of Pharmacy Regulations. Records of
disposal must be maintained for a period of two (2) years and must contain the
signatures of two witnesses to the destruction one of which must be a licensed
pharmacist.
7.
Responsibility of Charity Pharmacy Pharmacist-In-Charge regarding donated
medications for dispensing:
A. Coordinate
retrieval, transportation and storage of donated unused prescription
medications from authorized LTC/ALF. To insure the integrity of the donated
medications, the donated medications should be transported directly from the
donating facility to the charitable pharmacy.
B. Assure that donated medications are
identified and product integrity is guaranteed.
