| Momentum Bucket | Early Stage |
| Legal Title | AN ACT Relating to expanding the drugs eligible for the unexpired prescription drug donation program; |
| Bill Description | Expanding the drugs eligible for the unexpired prescription drug donation program. |
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What this bill does
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Amends RCW 69.70.050 to change and add conditions for accepting and dispensing donated prescription drugs and supplies under the chapter. The amendment replaces a prior explicit "more than six months" expiration requirement with a new standard that a donated drug "is not expired at the time of donation and sufficient time remains before the drug's expiration so that it may be used by another individual." Donated items must be in original sealed, tamper-evident packaging or opened packages with intact single unit doses, be prescribed by a practitioner for an eligible individual, be dispensed by a pharmacist, and be inspected by a pharmacist (employed by or under contract with the pharmacy) to confirm they are not adulterated or misbranded; they must also meet any additional safety precautions established by the department.
The amendment establishes recall-notification duties: donors who receive a recall notice must notify the pharmacy that received the donation; a distributing pharmacy that receives a recall must notify downstream recipient pharmacies, pharmacists, or prescribing practitioners; and any person collecting or distributing donated drugs who receives a recall notice from the manufacturer or FDA must immediately remove recalled medications from stock and follow recall instructions. The bill prohibits resale of donated prescription drugs and supplies and specifies that drugs dispensed under this chapter are not eligible for reimbursement by any public or private health care payer.
The bill also bars distribution under the program of drugs that require patient registration with the manufacturer under FDA rules, except where the patient receiving the drug is registered with the manufacturer at the time of dispensing and the dispensed amount does not exceed the registration period. The excerpt does not provide definitions for key terms (for example, "eligible individual," "department," or "this chapter"), does not name the department that sets safety precautions, and does not include implementation details, enforcement mechanisms, penalties, or an effective date.
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Why it matters
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If enacted, the bill makes it easier for pharmacies to accept and re-dispense donated prescription drugs and supplies by replacing a fixed "more than six months" expiration rule with a flexible standard that drugs only be unexpired and have enough usable shelf life, but it also adds new requirements: a pharmacist must inspect donations to ensure they are not adulterated or misbranded, donated items must be prescribed for an eligible individual and dispensed by a pharmacist, recalled items must be promptly reported and removed, donated drugs cannot be resold, and dispensed donated drugs are not eligible for reimbursement by any public or private payer. It also restricts distribution of manufacturer‑restricted drugs to patients who are registered with the manufacturer and limits amounts to the registration period.
Pharmacies, pharmacists, donors, and prescribing practitioners are most affected: pharmacies will take on more screening, inspection, and recall-notification duties and likely incur extra staff time and handling costs, while also losing any option to bill payers for donated items; donors must ensure packaging, expiration, and notify pharmacies of recalls; practitioners must ensure prescriptions are for eligible individuals; patients needing manufacturer registration may face limits. The text leaves key implementation details unclear, including who counts as an "eligible individual," which department sets safety precautions, enforcement mechanisms, and any effective date, so some operational impacts and compliance costs are uncertain.
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| Official Documents | View Full Bill Text |
| Date Introduced | 02/05/2025 |
| Originating Chamber | House |
| Biennium | 2025-26 |
| Total Campaign Dollars Backing Bill | $799,032.50 |
| DRUGS |