Exception to unprofessional conduct.

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  • (1) For purposes of this section:
    • (a) "Licensed intermediate care facility for people with an intellectual disability" means an intermediate care facility for people with an intellectual disability that is licensed as a nursing care facility or a small health care facility under Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act.
    • (b) "Nursing care facility" means the same as that term is defined in Section 26-21-2.
    • (c) "Unit pack" means a tamper-resistant nonreusable single-dose single-drug package with identification that indicates the lot number and expiration date for the drug.
  • (2) A pharmacist may:
    • (a) accept and redistribute an unused drug under Part 9, Charitable Prescription Drug Recycling Act; or
    • (b) accept back and redistribute any unused drug, or a part of it, after it has left the premises of the pharmacy if:
      • (i) the drug was prescribed to a patient in a nursing care facility, licensed intermediate care facility for people with an intellectual disability, or state prison facility, county jail, or state hospital;
      • (ii) the drug was stored under the supervision of a licensed health care provider according to manufacturer recommendations;
      • (iii) the drug is in a unit pack or in the manufacturer's sealed container;
      • (iv) the drug was returned to the original dispensing pharmacy;
      • (v) the drug was initially dispensed by a licensed pharmacist or licensed pharmacy intern; and
      • (vi) accepting back and redistributing of the drug complies with federal Food and Drug Administration and Drug Enforcement Administration regulations.




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