                                 CODE OF VIRGINIA

PRESCRIPTION DRUG DISPOSAL PROGRAMS (§ 54.1-3411.2)

A. As used in this section:
			&#8220;Authorized pharmacy disposal site&#8221; means a pharmacy that
qualifies as a collection site pursuant to 21 C.F.R &#xA7; 1317.40.
			&#8220;Pharmacy drug disposal program&#8221; means any voluntary drug
disposal program located at or operated in accordance with state and federal law
by a pharmacy.

B. A pharmacy may participate in a pharmacy drug disposal program in accordance
with state and federal law regarding proper collection, storage, and destruction
of prescription drugs, including controlled and noncontrolled substances. A
pharmacy that chooses to participate in a pharmacy drug disposal program shall
notify the Board, and the Board shall maintain a list of all pharmacies in the
Commonwealth that have chosen to participate in a pharmacy drug disposal program
on a website maintained by the Board.

C. No person that participates in a pharmacy drug disposal program shall be
liable for any theft, robbery, or other criminal act related to its
participation in the pharmacy drug disposal program nor shall such person be
liable for acts of simple negligence in the collection, storage, or destruction
of prescription drugs collected through such pharmacy drug disposal program,
provided that the pharmacy practice site is acting in good faith and in
accordance with applicable state and federal law and regulations.

D. In order to mitigate the risk of diversion of drugs upon the death of a
patient, any hospice licensed by the Department or exempt from licensure
pursuant to &#xA7; 32.1-162.2 shall develop policies and procedures for the
disposal of drugs, including opioids, dispensed as part of the hospice plan of
care. Such disposal shall be (i) performed in a manner that complies with all
state and federal requirements for the safe disposal of drugs by a licensed
nurse, physician assistant, or physician who is employed by or has entered into
a contract with the hospice program; (ii) witnessed by a member of the
patient&#8217;s family or a second employee of the hospice program who is
licensed by a health regulatory board within the Department of Health
Professions; and (iii) documented in the patient&#8217;s medical record.

HISTORY: 2016, c. 95; 2018, c. 95; 2020, c. 739.