2003 Legislation
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HOUSE CONCURRENT RESOLUTION NO. 17 – Drugs, unopened/unused, return

HOUSE CONCURRENT RESOLUTION NO. 17

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              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 / Fiscal Impact


                      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