CODE OF VIRGINIA

PROHIBITION ON RETURNS, EXCHANGES, OR RE-DISPENSING OF DRUGS; EXCEPTIONS (§
54.1-3411.1)

A. Drugs dispensed to persons pursuant to a prescription shall not be accepted
for return or exchange for the purpose of re-dispensing by any pharmacist or
pharmacy after such drugs have been removed from the pharmacy premises from
which they were dispensed except:

   1.  In a hospital with an on-site hospital pharmacy wherein drugs may be
   returned to the pharmacy in accordance with practice standards;

   2.  In such cases where official compendium storage requirements are assured
   and the drugs are in manufacturers’ original sealed containers or in
   sealed individual dose or unit dose packaging that meets official compendium
   class A or B container requirements, or better, and such return or exchange is
   consistent with federal law; or

   3.  When a dispensed drug has not been out of the possession of a delivery
   agent of the pharmacy.

B. The Board of Pharmacy shall promulgate regulations to establish a
Prescription Drug Donation Program for accepting unused previously dispensed
prescription drugs that meet the criteria set forth in subdivision A 2, for the
purpose of re-dispensing such drugs to indigent patients, either through
hospitals, or through clinics organized in whole or in part for the delivery of
health care services to the indigent. Such program shall not authorize the
donation of Schedule II-V controlled substances if so prohibited by federal law.
No drugs shall be re-dispensed unless the integrity of the drug can be assured.

C. Unused prescription drugs dispensed for use by persons eligible for coverage
under Title XIX or Title XXI of the Social Security Act, as amended, may be
donated pursuant to this section unless such donation is prohibited.

D. A pharmaceutical manufacturer shall not be liable for any claim or injury
arising from the storage, donation, acceptance, transfer, or dispensing of any
drug provided to a patient, or any other activity undertaken in accordance with
a drug distribution program established pursuant to this section.

E. Nothing in this section shall be construed to create any new or additional
liability, or to abrogate any liability that may exist, applicable to a
pharmaceutical manufacturer for its products separately from the storage,
donation, acceptance, transfer, or dispensing of any drug provided to a patient
in accordance with a drug distribution program established pursuant to this
section.

HISTORY: 2002, c. 632; 2005, c. 68; 2008, c. 429; 2009, cc. 109, 114.