(1) "Long-term care
facility" means an intermediate care home, skilled nursing home, or
intermingled home subject to regulation as such by the Department of Human
(2) "Eligible drugs"
means unit dosage drugs which have been paid for or reimbursed through the
Department of Medical Assistance under O.C.G.A. Title 49, Chapter 4, Article
(3) "Unit dosage drug" means a
dangerous drug under O.C.G.A. Title 16, Chapter 13, which is individually
packaged by the manufacturer to contain only one dosage unit of the drug and
which includes on such individual packaging the brand or generic name,
strength, lot number, and expiration date of such drug.
A pharmacist or pharmacy may receive
eligible drugs for credit or reuse from long-term care facilities provided
(a) The drugs were originally dispensed
by that pharmacist or pharmacy to the facility;
(b) The pharmacist has assurance from a
person in responsible charge of the drugs at the facility that the drugs have
been stored in accordance with the manufacturer's recommendations and USP
(c) The drugs are still
in the manufacturer's packaging with the expiration date and lot number and the
integrity of the product and package have been maintained;
(d) The drugs are not expired and have a
minimum of six (6) months remaining on the expiration date; and
(e) Under the pharmacist's professional
judgment the drugs are appropriate for return and reuse.
(5) Any pharmacist or pharmacy accepting
eligible drugs for return or reuse must adopt written policies and procedures
governing such drugs to assure compliance with Section (4) of this Rule. Such
procedures and policies shall be established and implemented by the
pharmacist or pharmacy which has accepted drugs for return in accordance with
Section (4) of this Rule, may only re-dispense said drugs for reuse to a
resident of a long-term care facility whose drugs are eligible for payment or
reimbursement by the Department of Medical Assistance according to O.C.G.A.
Title 49, Chapter 4, Article 7.
Ga. Comp. R. & Regs.
26-4-37, 26-4-53, 26-4-152.3,
Original Rule entitled
"Return and Reuse of Drugs in a Long Term Care Facility" adopted. F.
Apr. 8, 1998; eff.
Apr. 28, 1998.
New Rule of same title adopted. F. Mar. 5,
2003; eff. Mar. 25, 2003.