Signed by Governor Michelle Lujan Grisham

Vote Smart's Synopsis:

Vote to pass a bill that expand prescription drug donation programs in New Mexico.

Highlights:

• Expands the Prescription Drug Donation Program and authorizes any person, including people from out-of-state, to donate unexpired or unused prescription drugs to eligible recipients (Sec. 1).

• Authorizes the Board of Pharmacy to create rules for donating and redistributing unused and unexpired prescription drugs (Sec. 1).

• Authorizes in-state and out-of-state pharmacies that are experienced in managing donated prescription drugs to distribute donated drugs at physical locations or through mail-order (Sec. 1).

• Requires donated drugs to be inspected to ensure they are tamper-evident, unadulterated, and safe for use (Sec. 1).

• Requires patients to sign a form acknowledging (Sec. 1):

• Reasonable care was taken with the drug;

• The drug was inspected and handled with care;

• Liability protections for donors and distributors; and

• Immunity does not apply to manufacturers or distributors because of the donation.

• Authorizes a handling fee to cover costs of inspection, storage, labeling, and redistribution (Sec. 1).

• Requires compliance with all federal and state laws for drug storage, labeling, and redistribution (Sec. 1).

• Establishes civil, criminal, and professional liability immunity for donors and recipients acting with reasonable care (Sec. 1).

• Specifies that immunity does not protect manufacturers from liability related to product information or expiration dates (Sec. 1).

Full Bill Text