The bill establishes a comprehensive framework for the donation of drugs and devices to qualifying centers in Kansas, allowing various entities, including individuals and governmental organizations, to facilitate these donations. It specifies eligibility requirements for donated items, which must be in original packaging and not expired, while prohibiting the acceptance of controlled substances and certain other drug types. The bill also outlines who can make donation decisions on behalf of patients, including those with durable power of attorney or guardianship, as well as executors of deceased patients' estates. Key amendments include renaming the "utilization of unused medications act" to the "medication donation program" and removing specific terms such as "unused medications" and "prescription drugs" from the legal language.
Additionally, the bill provides immunity from criminal or civil liability for manufacturers and individuals who donate drugs or devices in good faith, as long as there is no evidence of bad faith, gross negligence, or intentional misconduct. It clarifies that the state board of pharmacy may adopt rules and regulations to implement the program, including standards for the transfer, acceptance, and safe storage of donated items. The bill also mandates the development of forms for both qualifying patients and donating entities to document the donation process and ensure understanding of the program's provisions. Several sections of current law are repealed to streamline the legal framework surrounding the medication donation program, which will take effect upon publication in the statute book.
Statutes affected: As introduced: 65-1668, 65-1674, 65-1669, 65-1670, 65-1671, 65-1672, 65-1673