Veterinary drug donation program - rules

[Editor's note: This section is effective January 1, 2027.] (1) An owner of an animal may donate a prescription drug that is dispensed for but not used by the animal to a licensed veterinarian or animal shelter in which veterinary medicine is practiced if the licensed veterinarian or animal shelter accepts the drug. (2) Except as provided in subsection (4)(b) of this section, a licensed veterinarian may reissue a donated drug accepted pursuant to this section to fill other prescriptions dispensed by the licensed veterinarian free of charge for an animal if: (a) The licensed veterinarian determines that the owner of the animal is eligible for the reissuance of the drug; (b) The licensed veterinarian determines that the drug is suitable for reissuance; (c) The drug was originally dispensed by a licensed veterinarian or a licensed pharmacist; (d) The drug is not a controlled substance; (e) The drug is not a compounded drug; (f) The drug does not require refrigeration before opening; (g) The drug is not in a liquid form or, if in liquid form, the drug is packaged in an unopened vial or a single-dose unopened ampule; (h) The drug is not expired; (i) The packaging or bottle contains the expiration date of the drug; and (j) The name of the animal, the name of the owner of the animal for which the drug was originally dispensed, the prescription number, and any other identifying marks or information are obliterated from the packaging or bottle before the drug is reissued. (3) A licensed veterinarian shall: (a) Identify and maintain separately from other stock a donated drug accepted pursuant to this section; and (b) Make a record of each donated drug accepted pursuant to this section that includes, at minimum: (I) The date on which the drug was donated; (II) The name of the person that donated the drug; (III) The animal for which the drug was originally prescribed and the name of the owner of the animal; and (IV) The expiration date of the drug. (4) A licensed veterinarian shall not: (a) Sell or resell a donated drug accepted pursuant to this section; or (b) Dispense a donated drug accepted pursuant to this section to fill other prescriptions dispensed by the licensed veterinarian for an animal if the animal is raised to produce food for human consumption or the animal is ordinarily consumed by animals that are raised to produce food for human consumption. (5) (a) A licensed veterinarian, animal shelter in which veterinary medicine is practiced, or other person that exercises reasonable care in donating or accepting, distributing, or dispensing a donated drug in accordance with this section and any rules adopted pursuant to this section is not subject to civil or criminal liability or disciplinary action by a professional licensing board for any loss, injury, or death that results from the donation of a drug or the acceptance, distribution, or dispensation of the donated drug. (b) A manufacturer of a drug is not subject to civil or criminal liability for any claim or injury arising from the donation of the drug or acceptance, distribution, or dispensation of the donated drug pursuant to this section and any rules adopted pursuant to this section. (6) The board may adopt rules as necessary to implement this section, including: (a) Requirements for issuing donated drugs pursuant to this section, including requirements that provide appropriate safeguards for ensuring that the drugs are not compromised or illegally diverted before being reissued; (b) Requirements for a licensed veterinarian's or animal shelter's acceptance of donated drugs; and (c) Requirements for maintaining records related to the acceptance and use of donated drugs to fill other prescriptions pursuant to this section.