Section 63-10-503 - Prescription drug donation repository program(a) A pharmacy may elect to participate in the prescription drug donation repository program by providing written notification to the department of the following: (1) The name, street address, and telephone number of the pharmacy and the license or registration number issued by the board;(2) The name, telephone number, and pharmacy license number of the responsible pharmacist who is employed, or under contract, with the repository; and(3) A statement signed and dated by the responsible pharmacist indicating that the repository meets the eligibility requirements and will comply with the program.(b) The repository shall develop and implement standards and procedures to determine, based on basic visual inspection, that the prescription drugs appear to be unadulterated, safe, and suitable for dispensing.(c) Donated prescription drugs must be in unopened tamper-evident packaging. However, drugs packaged in single use doses may be accepted and dispensed when the outside packaging is opened if the single unit dose packaging is undisturbed.(d) Donations of prescription drugs and supplies may be made on the premises of, or mailed to, a repository that participates in the program.(e) A repository may receive, accept, replenish, repackage, and store donated prescription drugs and supplies in accordance with this part.(f) Donation and facilitation of a donation are not considered wholesale distribution, and a person donating or facilitating a donation does not require licensure as a wholesaler.(g) Repositories shall prioritize dispensing of donated prescription drugs and supplies as follows:(1) First, to an indigent person;(2) Second, to a person who has no prescription insurance or cannot afford the out-of-pocket expenses for the prescription drug or supplies prescribed; and(3) Lastly, to another individual if an indigent, uninsured, or underinsured person is unavailable.(h) A repository shall not charge or collect fees from an eligible individual for prescription drugs or supplies dispensed pursuant to the program. However, a repository may charge a handling fee for each donated prescription drug or supply that is dispensed.(i) A repository may charge fees, including, but not limited to, a usual and customary charge, to donors, eligible individuals, health plans, pharmacy benefit managers, drug manufacturers, veterans' affairs hospitals, and government agencies.(j) A repository that receives donated prescription drugs or supplies may distribute the donated prescription drugs or supplies to another repository for use pursuant to the program or to similar repository programs in other states.(k) Participation in the program is voluntary.Added by 2023 Tenn. Acts, ch. 200, s 1, eff. 1/1/2024.