Amendment #688 to H4000

Establishing provisions for the return of expired pharmaceuticals

Representatives Diehl of Whitman, Kuros of Uxbridge, Dooley of Norfolk and Fattman of Sutton moves to amend the bill by inserting the following section:

"SECTION XX.

SECTION 1.

Chapter 94C of the General Laws is hereby amended by inserting after Section 15, the following Section:-

Section 15A

Provisions for the return of outdated drugs.

(a) Persons who manufacture controlled substances shall make adequate provision for the return of outdated drugs from pharmacies, both full and partial containers, excluding biological, infused or intravenously injected drugs and drugs that are inhaled during surgery, within six (6) months after the labeled expiration date, for prompt full credit or refund.

(b) Any person who is engaged in the wholesale drug business licensed under section 36A of chapter 112 shall implement and administer the return policies established by the manufacturer.

(c) Manufacturers will provide the Department of Public Health with information regarding said return policy, in a format to be determined by the Commissioner.

(d) Failure to comply with the provisions of this section will permit the Commissioner to list the manufacturer's products as ineligible for use in product selection for any state funded program.

SECTION 2.

The Commissioner shall promulgate regulations to enforce this act."