                                 CODE OF VIRGINIA

PROHIBITION ON RETURNS, EXCHANGES, OR RE-DISPENSING OF DRUGS; EXCEPTIONS (§
54.1-3411.1)

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

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

   2. In such cases where official compendium storage requirements are assured
   and the drugs are in manufacturers&#8217; original sealed containers or in
   sealed individual dose or unit dose packaging that meets official compendium
   class A or B container requirements, or better, and such return or exchange is
   consistent with federal law; or

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

B. The Board shall promulgate regulations to establish a prescription drug
donation program for accepting unused previously dispensed prescription drugs
that meet the criteria set forth in subdivision A 2, for the purpose of
re-dispensing such drugs to indigent patients, either through hospitals or
through clinics organized in whole or in part for the delivery of health care
services to the indigent. Such program shall not authorize the donation of
Schedule II-V controlled substances if so prohibited by federal law. No drugs
shall be re-dispensed unless the integrity of the drug can be assured. Such
program shall accept eligible prescription drugs from individuals, including
those residing in nursing homes, assisted living facilities, or intermediate
care facilities established for individuals with intellectual disability
(ICF/IID), licensed hospitals, or any facility operated by the Department of
Behavioral Health and Developmental Services. Additionally, such program shall
accept eligible prescription drugs from an agent pursuant to a power of
attorney, a decedent&#8217;s personal representative, a legal guardian of an
incapacitated person, or a guardian ad litem donated on behalf of the
represented individual.

C. Unused prescription drugs dispensed for use by persons eligible for coverage
under Title XIX or Title XXI of the Social Security Act, as amended, may be
donated pursuant to this section unless such donation is prohibited.

D. A pharmaceutical manufacturer shall not be liable for any claim or injury
arising from the storage, donation, acceptance, transfer, or dispensing of any
drug provided to a patient or any other activity undertaken in accordance with a
drug distribution program established pursuant to this section.

E. Nothing in this section shall be construed to create any new or additional
liability, or to abrogate any liability that may exist, applicable to a
pharmaceutical manufacturer for its products separately from the storage,
donation, acceptance, transfer, or dispensing of any drug provided to a patient
in accordance with a drug distribution program established pursuant to this
section.

F. In the absence of bad faith or gross negligence, no person that donates,
accepts, or dispenses unused prescription drugs in accordance with this section
and Board regulations shall be subject to criminal or civil liability for
matters arising from the donation, acceptance, or dispensing of such unused
prescription drugs.

HISTORY: 2002, c. 632; 2005, c. 68; 2008, c. 429; 2009, cc. 109, 114; 2018, c.
376.