| (a) Donated drugs may be dispensed only if the drugs
are prescribed by a health care professional for use by an eligible
recipient and are dispensed by a licensed pharmacist who has determined
that the drugs are of an acceptable integrity.
(b) The recipient must sign a Recipient Form prescribed
by the Department stating that the recipient:
(1) understands that the drugs are donated;
(2) accepts any risk associated with accidental mishandling
of the drugs; and
(3) acknowledges that the donor and the participating
provider are acting in good faith and are therefore released from
liability.
(c) The participating provider shall dispense donated
prescription drugs in compliance with applicable federal and state
laws and regulations for dispensing prescription drugs, including
all requirements relating to packaging, labeling, record keeping,
drug utilization review and patient counseling.
(d) The participating provider shall remove the original
donor’s identification and the name of the original dispensing
pharmacy from the package prior to dispensing the drugs.
(e) The participating provider shall be responsible
for drug recalls and shall have an established mechanism to notify
recipients in the event of a drug recall.
(f) Prescription drugs donated under this Program shall
not be resold.
(g) All participating providers shall comply with the
laws and rules pertaining to dispensing of prescription drugs as contained
in the Occupations Code, Chapters 551-566, and 569 (relating to the
Texas Pharmacy Act); and Title 22 Texas Administrative Code, Chapters
281, 283, 291, 295, 297, 303, 305, 309, and 311 (relating to the Texas
State Board of Pharmacy).
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