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HCR017................................................by HEALTH AND WELFARE
DRUGS - UNOPENED/UNUSED - Stating findings of the Legislature concerning
the destruction of unopened and unused drugs; and directing the Board of
Pharmacy and the Department of Health and Welfare to develop necessary
statutory and rule changes to allow the return and use of unopened and
unused drugs.
02/07 House intro - 1st rdg - to printing
02/10 Rpt prt - to Health/Wel
02/19 Rpt out - rec d/p - to 2nd rdg
02/20 2nd rdg - to 3rd rdg
02/24 3rd rdg - ADOPTED - 67-0-3
AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet,
Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,
McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato,
Nielsen, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali,
Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),
Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Mr. Speaker
NAYS -- None
Absent and excused -- Crow, Raybould, Wood
Floor Sponsor - Kulczyk
Title apvd - to Senate
02/25 Senate intro - 1st rdg - to Health/Wel
03/25 Rpt out - rec d/p - to 10th Ord
03/26 10th ord - ADOPTED - voice vote
Floor Sponsor - Sweet
Title apvd - to House
03/27 To enrol
03/28 Rpt enrol - Sp signed
03/31 Pres signed
04/01 To Secretary of State
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE CONCURRENT RESOLUTION NO. 17
BY HEALTH AND WELFARE COMMITTEE
1 A CONCURRENT RESOLUTION
2 STATING FINDINGS OF THE LEGISLATURE CONCERNING DESTRUCTION OF UNOPENED AND
3 UNUSED DRUGS AND DIRECTING THE BOARD OF PHARMACY AND THE DEPARTMENT OF
4 HEALTH AND WELFARE TO DEVELOP NECESSARY STATUTORY AND RULE CHANGES TO
5 ALLOW RETURN AND USE.
6 Be It Resolved by the Legislature of the State of Idaho:
7 WHEREAS, the American Society of Consultant Pharmacists, the American Med-
8 ical Association and the American Medical Directors Association agree that
9 under appropriate circumstances, health care costs would be reduced through
10 the return and reuse of unused, unopened medications; and
11 WHEREAS, the American Society of Consultant Pharmacists and the American
12 Medical Association agree that between 5% and 10% of all medications used in
13 assisted living facilities are destroyed, 90% of which are not used because of
14 discontinuation of medication, change of medication, resident death, and the
15 resident being transferred, hospitalized or discharged; and
16 WHEREAS, those assisted living residents in Idaho using medical assistance
17 through the Idaho Department of Health and Welfare use medications purchased
18 with state and federal Medicaid funds; and
19 WHEREAS, self-supporting residents living in assisted living facilities
20 spend down their assets faster and need state assistance sooner because they
21 are unable to return unused, unopened medications; and
22 WHEREAS, certain hospitals in Idaho are facing shortages of certain drugs
23 while some of the same unopened, unused medications are being destroyed; and
24 WHEREAS, traces of destroyed drugs end up in waterways, affecting the
25 endocrine systems of fish; and
26 WHEREAS, hospitals and nursing homes in Idaho are already required to
27 return for credit unopened, unused medications purchased with Medicaid funds
28 to the pharmacy of distribution; and
29 WHEREAS, the adoption of this resolution will not conflict with present
30 federal laws and regulations; and
31 WHEREAS, the rising cost of health care attributable to medication costs
32 has precipitated annual increases in appropriations for the Idaho Department
33 of Health and Welfare.
34 NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session
35 of the Fifty-seventh Idaho Legislature, the House of Representatives and the
36 Senate concurring therein, that the Board of Pharmacy and Department of Health
37 and Welfare are directed to develop statutory and/or rule changes as necessary
38 to allow licensed assisted living facilities to return unused, unopened
39 medications to the dispensing pharmacy for credit of the medication returned,
40 regardless of the payer source.
41 BE IT FURTHER RESOLVED, that, in concurrence with the recommendation from
42 the policy statement of the American Society of Consultant Pharmacists, the
43 return of such drugs to the dispensing pharmacy for credit shall be allowed
44 when:
2
1 (1) The returned medications are not controlled substances.
2 (2) The medications are dispensed in tamper-evident packaging and
3 returned with the medications unopened.
4 (3) The medications meet all federal and state standards for product
5 integrity.
6 (4) Policies and procedures are followed for the appropriate storage and
7 handling of medications at the assisted living facility and for the trans-
8 fer, receipt, and security of medications returned to the dispensing phar-
9 macy.
10 (5) A system is in place to track restocking and reuse to allow
11 medications to be recalled if required.
12 (6) A mechanism (reasonable for both the payer and the dispensing phar-
13 macy) is in place for billing only the number of doses used or crediting
14 the number of doses returned regardless of payer source.
STATEMENT OF PURPOSE
RS 12886C1
To curtail the wasteful practice of destroying unused and
unopened medications by allowing Assisted Living facilities to return
medications just as hospitals and hursing homes presently do. This
will help reduce costs of healthcare, especially as it relates to
prescription medications for the elderly and disabled.
FISCAL IMPACT
Approximately 3-4 Million dollars of drugs are destroyed
annually in Assisted Living facilities. Approximately $1.7 Million
have been purchased with Medicaid dollars. In addition to saving state
Medicaid and general funds, savings to those in Assisted Living
facilities who pay for their own medications will allow them to avoid
"spending down" their own assets so quickly, delaying or possibly
eliminating their need for Medicaid assistance in the future.
Contact
Name: Idaho Assisted Living Assn. Michelle Glasgow
Phone: 375-4148
STATEMENT OF PURPOSE/FISCAL NOTE HCR 17