SB345 Alabama 2010 Session

Summary

Primary Sponsor

Larry MeansMayor

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

SB345 would let certain legend drugs that are prescribed but not given to patients in hospitals, nursing facilities, assisted living facilities, specialty care facilities, or hospices be donated or transferred to charitable clinics and charitable pharmacies for free use by charitable patients, and would also allow donated physician samples to go to those clinics and pharmacies.

What This Bill Does

It authorizes the donation and transfer of legend drugs that are no longer needed by the original patient to charitable clinics or pharmacies, under conditions such as proper storage, unit-dose packaging, and not-expired status. It requires a physician or licensed health professional at the charitable recipient to determine suitability, preserves the drug’s label information for the recipient, and sets procedures for transferring drugs along with consent and inventory documentation. It also extends donation to physician samples and provides liability protections for facilities and manufacturers, with rules to be set by the State Board of Health, and specifies that all such drugs must be dispensed only by order of a licensed practitioner.

Who It Affects

• Charitable clinics and charitable pharmacies that would receive donated legend drugs and dispense them to charitable patients free of charge.
• Charitable patients who would receive donated drugs through clinics or pharmacies.

Key Provisions

• Amends sections 20-3-2 and 20-3-3 to authorize donation and transfer of legend drugs dispensed by prescription but not administered at hospitals, nursing facilities, assisted living facilities, specialty care ALFs, or hospices to charitable clinics or charitable pharmacies.
• Defines charitable clinic, charitable pharmacy, charitable patient, and related terms; clarifies that the program applies to legend drugs (excluding controlled substances) and to physician samples donated to clinics/pharmacies.
• Establishes conditions for donation: drugs must no longer be needed by the original patient, must meet USP/NF storage requirements, must be in unit-dose or individually sealed packaging (or bulk packaging for hospice care), and must not be expired.
• Requires the physician or licensed health professional at the charitable recipient to determine suitability; drugs with integrity concerns may not be used.
• Preserves labeling: the name, strength, and expiration date remain on the package; an inventory list with drug name, strength, expiration date, and quantity must accompany transferred drugs.
• Outlines transfer procedures: physical transfer to an authorized person, documentation of patient consent (or family consent if the patient dies), obliteration of patient identifiers from containers, and transfer within a week to the recipient or destruction if not picked up.
• Provides liability protections for licensed facilities and their staff, and for pharmaceutical manufacturers, except in cases of willful misconduct.
• Gives the State Board of Health authority to create rules to implement the law.
• Requires ongoing dispensing of legend drugs under this act only on the order of a licensed physician or legally authorized practitioner, and permits donation of physician samples to charitable clinics/pharmacies.
• Effective date: becomes law on the first day of the third month after its 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