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2020 SESSION
20101781DBe it enacted by the General Assembly of Virginia:
1. That § 54.1-3411.2 of the Code of Virginia is amended and reenacted as follows:
§ 54.1-3411.2. Prescription drug disposal programs.
A. As used in this section:
"Authorized pharmacy disposal site" means a pharmacy that qualifies as a collection site pursuant to 21 C.F.R § 1317.40.
"Pharmacy drug Drug disposal
program" means any voluntary a
drug disposal program located at or operated in accordance with state and
federal law by a pharmacy or a
hospital or clinic with an on-site pharmacy.
B. A pharmacy or a
hospital or clinic
with an on-site pharmacy shall
may participate in a pharmacy
drug disposal program in accordance with state and federal law regarding proper
collection, storage, and destruction of prescription drugs, including
controlled and noncontrolled substances. A pharmacy or a
hospital or clinic with an on-site
pharmacy that chooses to
participate participating in a pharmacy drug disposal program
shall notify the Board, and the Board shall maintain a list of all pharmacies, hospitals, and clinics in the
Commonwealth that have chosen to participate in a
pharmacy drug disposal program on a website maintained by
the Board.
B. A pharmacy or a hospital or
clinic with an on-site pharmacy shall may
participate in a pharmacy drug disposal program in
accordance with state and federal law regarding proper collection, storage, and
destruction of prescription drugs, including controlled and noncontrolled
substances. A pharmacy that chooses to participate participating
in a pharmacy drug disposal program shall notify the Board, and
the Board shall maintain a list of all pharmacies in the Commonwealth
that have chosen to participate
participating in a pharmacy drug disposal program on a website
maintained by the Board.
C. No person that participates in a
pharmacy drug disposal program
through a pharmacy or a
hospital or clinic with an on-site pharmacy shall be liable
for any theft, robbery, or other criminal act related to its participation in
the pharmacy drug disposal program
nor shall such person be liable for acts of simple negligence in the
collection, storage, or destruction of prescription drugs collected through
such pharmacy drug disposal
program, provided that the pharmacy, hospital,
or clinic practice site is acting in good faith and in
accordance with applicable state and federal law and regulations.
D. In order to mitigate the risk of diversion of drugs upon the death of a patient, any hospice licensed by the Department or exempt from licensure pursuant to § 32.1-162.2 shall develop policies and procedures for the disposal of drugs dispensed as part of the hospice plan of care. Such disposal shall be (i) performed in a manner that complies with all state and federal requirements for the safe disposal of drugs by a licensed nurse, physician assistant, or physician who is employed by or has entered into a contract with the hospice program; (ii) witnessed by a member of the patient's family or a second employee of the hospice program who is licensed by a health regulatory board within the Department of Health Professions; and (iii) documented in the patient's medical record.