N.H. Admin. Code § Ph 1403.03 - Unused Prescription Drug and Medical Device Transfer

(a) A prescription drug shall be eligible for transfer under the Ph 1400 when the following requirements are met:

(1) The accepting and donating entities are eligible to receive unused prescription drugs under these rules;

(2) The drug has not been in the possession of the patient or other member of the public;

(3) All patient identifiable information and the drug directions on the label have been redacted or removed before sending to the accepting entity to protect confidentiality;

(4) The donation is accompanied by a manifest for the internal and external transfer of the product defined by Ph 1406;

(5) The drug has been properly stored under appropriate temperature and humidity conditions;

(6) The drug is not expired;

(7) The drug is not a controlled substance or compounded drug;

(8) The drug or packaging is in its original, unopened, sealed, packaging that includes the expiration date. Unopened unit dose drugs may be accepted if the packaging is unopened; and

(9) The drug or packaging does not show evidence of contamination, adulteration, or misbranding.

(b) Drugs that can only be dispensed to a patient registered with the drug's manufacturer in accordance with federal Food and Drug Administration (FDA) requirements shall not be accepted or distributed.

(c) A medical device shall be eligible for transfer under Ph 1400 if the following requirements are met:

(1) The accepting and donating entities are eligible to receive unused medical devices under these rules;

(2) The device has not been in the possession of the patient or other member of the public;

(3) All patient identifiable information and the directions on the label will be redacted or removed before sending to the accepting entity to protect confidentiality;

(4) The donation is accompanied by a manifest for the internal and external transfer of the product defined by Ph 1406;

(5) The drug is not expired;

(6) The device is in its original, unopened, sealed packaging; and

(7) The device does not show evidence of contamination, adulteration, or misbranding.

(d) Prescription drugs or medical devices donated under Ph 1400 shall not be sold, resold, offered for sale, traded, or returned for financial credit. This shall not prohibit transfer between charitable providers.

Notes

N.H. Admin. Code § Ph 1403.03

#10064, eff 12-28-11

#13435, eff 8/18/2022 (See Revision Note at chapter heading for Ph 1400).