HB423 Alabama 2010 Session

Summary

Primary Sponsor

Jack Page

Democrat

Session

Regular Session 2010

Title

Prescription legend drugs, donation of drugs by hospitals, nursing homes, assisted living facilities, or hospices to charitable pharmacies, authorized, physicians' samples authorized to be donated and transferred to charitable clinics and pharmacies, Secs. 20-3-2, 20-3-3 am'd.

Summary

HB423 would allow prescription legend drugs dispensed at certain health facilities to be donated to charitable clinics or pharmacies, and would let physician samples be donated to those same charitable entities for distribution to charitable patients.

What This Bill Does

It would permit legend drugs dispensed by prescription (but not administered) at hospitals, nursing facilities, assisted living facilities, specialty care facilities, or hospice programs to be donated and transferred to charitable clinics or charitable pharmacies for use by charitable patients under specified conditions. It would also authorize physician samples of legend drugs to be donated and transferred to charitable clinics or pharmacies for charitable patients. The bill creates definitions for charitable clinics, charitable pharmacies, and charitable patients, sets donation criteria and transfer procedures, assigns responsibility to the receiving clinics or pharmacies to assess suitability, and provides liability protections and regulatory authority for implementation.

Who It Affects

• Charitable clinics and charitable pharmacies would receive donated legend drugs and donated physician samples and dispense them to charitable patients at no charge.
• Hospitals, nursing facilities, assisted living facilities, specialty care assisted living facilities, hospice programs, and licensed health care professionals (including physicians) would be able to donate eligible legend drugs and samples under defined procedures, follow storage and transfer rules, and receive liability protections when transferring drugs.

Key Provisions

• Defines key terms: charitable clinic, charitable pharmacy, charitable patient, and legend drug.
• Allows legend drugs dispensed by prescription at hospitals, nursing facilities, assisted living facilities, specialty care facilities, or hospice programs to be donated and transferred to charitable clinics or charitable pharmacies for charitable patients.
• Allows non-controlled samples given to physicians to be donated and transferred to charitable clinics or pharmacies.
• Sets donation conditions: drugs no longer needed by the original patient; stored per USP/NF; unit-dose or individually sealed; not expired.
• Outlines transfer procedures: physical transfer to an authorized person; consent documented; de-identification of patient information; drug name, strength, and expiration date on the package remain; accompanying inventory list with required details.
• Requires pickup or destruction of donated drugs within one week after inventory is available.
• Gives the charitable clinic or pharmacy responsibility to determine the suitability of the product for reuse; requires intact drug integrity.
• Provides liability protections for licensed facilities, owners/operators/employees/agents, and manufacturers, except for willful misconduct.
• Authorizes the State Board of Health to issue rules and regulations to carry out the act.
• Requires legend drugs to be dispensed only on the order of a licensed physician or legally authorized practitioner.
• Allows donation of legend drug samples (non-controlled) to clinics and pharmacies for charitable patients.
• Effective date: becomes law on the first day of the third month after passage and Governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Health