2021 -- S 0489

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LC002041

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- DONATION OF

MEDICATIONS FOR USE BY NONPROFIT, STATE AND LOCAL FACILITIES

     

     Introduced By: Senators Coyne, Sosnowski, Archambault, and Lombardo

     Date Introduced: March 04, 2021

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 4 of the General Laws entitled "ANIMALS AND ANIMAL

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HUSBANDRY" is hereby amended by adding thereto the following chapter:

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CHAPTER 9.1

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DONATION OF MEDICATIONS FOR USE BY NONPROFIT, STATE AND LOCAL

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FACILITIES

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     4-9.1-1. Definitions.

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     As used in this chapter:

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     (1) "Animal rescue" means an entity, without a physical brick-and-mortar facility, that is

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owned, operated, or maintained by a duly incorporated humane society, animal welfare society,

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society for the prevention of cruelty to animals, or other nonprofit organization.

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     (2) "Animal shelter" means a brick-and-mortar facility that is used to house or contain

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animals and that is owned, operated, or maintained by a duly incorporated humane society, animal

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welfare society, society for the prevention of cruelty to animals, or other nonprofit organization

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devoted to the welfare, protection, and humane treatment of animals.

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     (3) "Nonprofit corporation" means a corporation of which no part of the income or profit

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is distributable to its members, directors, or officers, except as otherwise expressly permitted by

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chapter 6 of title 7.

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     (4) "Pound" or "Dog pound" means a facility operated by the state, or any political

 

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subdivision of the state, for the purpose of impounding or harboring seized, stray, homeless,

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abandoned, or unwanted dogs, cats, and other animals, or a facility operated for that purpose under

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contract with any municipal corporation or incorporated society for the prevention of cruelty to

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animals.

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     (5) "Veterinarian-client patient relationship" or "VCPR" means a relationship where all of

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the following conditions have been met:

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     (i) The veterinarian has assumed the responsibility for making medical judgments

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regarding the health of the animal or animals and the need for medical treatment, and the client (i.e.

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animal owner or custodian) has agreed to follow the instructions of the veterinarian.

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     (ii) The veterinarian has sufficient knowledge of the animal or animals to initiate at least a

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general or preliminary (e.g. tentative) diagnosis of the medical condition of the animal or animals.

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"Sufficient knowledge", as used in this subsection, means that the veterinarian has recently seen

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and is personally acquainted with the keeping and care of the animal or animals, and/or by

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medically appropriate and timely visits to the premises where the animal or animals are kept.

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     (iii) The veterinarian is readily available for follow-up in cases of adverse reactions or

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failure of the regimen of therapy.

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     (iv) The veterinarian maintains records, which document patient visits, diagnosis,

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treatment, and other relevant in formation.

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     (6) "Veterinary clinic" means any premises to which animals are brought or where they are

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temporarily kept, solely for the purpose of diagnosis or treatment of any illness or injury

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     4-9.1-2. Allowable medication donations.

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     (a) An owner of an animal may donate a drug that is dispensed for the animal, but will not

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be used by that animal, to a licensed veterinarian or a facility in which veterinary medicine is

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practiced if the licensed veterinarian or facility chooses to accept the drug.

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     (b) Except as provided in ยง 4-9.1-3, a licensed veterinarian may reissue a drug accepted

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pursuant to this section to fill other prescriptions provided that:

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     (1) The veterinarian is licensed to practice veterinary medicine in Rhode Island;

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     (2) The drug is being dispensed to fill a prescription needed to treat an animal under the

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care of a Rhode Island registered nonprofit shelter, municipal pound, shelter, veterinary clinic, or

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animal rescue facility;

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     (3) Wildlife rehabilitators licensed by the state of Rhode Island will have access to these

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medications under the direction of a licensed Rhode Island veterinarian;

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     (4) The prescription is authorized by the veterinarian within a valid VCPR;

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     (5) The licensed veterinarian determines that the drug is suitable for that purpose; and

 

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     (6) The drug was originally dispensed by a licensed veterinarian, a facility in which

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veterinary medicine is practiced which is licensed by the state of Rhode Island, a licensed

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pharmacy, an Internet pharmacy that is accredited through the National Association of Boards of

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Pharmacy's Veterinary-Verified Internet Pharmacy Practice Sites program or its successor;

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     4-9.1-3. Drugs not eligible for donation or reissuance.

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     Drugs that will not be eligible for reissuance include:

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     (1) Drugs classified as a controlled substance;

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     (2) Drugs that require refrigeration unless it is a drug that only requires refrigeration after

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being opened and the drug is donated in an unopened condition; and

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     (3) Drugs where the packaging or bottle does not list the expiration date of the usefulness

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of the drug.

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     4-9.1-4. Reissuance of medications.

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     (a) Any reissued medication shall have the name of the animal and the name of the owner

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of the animal for which the drug was originally dispensed, the prescription number and any other

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identifying marks obliterated from the packaging or bottle before the reissuance of the drug. When

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medication is reissued to owned pets, the owner will be informed as to the fact that the medication

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is supplied from a supply of turnover medications.

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     (b) A licensed veterinarian may not reissue a drug accepted pursuant to this section to fill

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other prescriptions dispensed by the licensed veterinarian for an animal if the animal is raised to

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produce food for human consumption or the animal is ordinarily consumed by animals that are

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raised to produce food for human consumption.

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     (c) For expired medications, the veterinarian may elect to reissue these medications if they

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are unopened and from a period of one year from their expiration date if the veterinarian determines

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the medication to continue to maintain efficacy.

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     4-9.1-5. Immunity from civil or criminal liability.

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     (a) A licensed veterinarian or a facility or agency in which veterinary medicine is practiced

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with one or more full-time or part-time veterinarians that complies with the provisions of this

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chapter in the donation, acceptance, distribution or dispensation of a drug in accordance with the

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provisions of this chapter and any regulations adopted pursuant thereto is not subject to any civil

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or criminal liability or disciplinary action by a professional licensing board for any loss, injury or

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death that results from the donation, acceptance, distribution or dispensation of the drug.

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     (b) A manufacturer of a drug is not subject to civil or criminal liability for any claim or

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injury arising from the donation, acceptance, distribution or dispensation of the drug pursuant to

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this chapter and any regulations adopted pursuant thereto.

 

LC002041 - Page 3 of 5

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     4-9.1-6. Sale of donated medications prohibited.

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     A licensed veterinarian, shelter, pound, animal rescue or humane society shall not sell or

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resell any drug accepted pursuant to this chapter.

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     4-9.1-7. Handling of donated medications.

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     (a) The facility receiving the turnover medication shall:

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     (1) Identify and maintain separately from other stock any drug accepted pursuant to this

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chapter; and

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     (2) Make a record of each drug accepted pursuant to this chapter that includes, without

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limitation:

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     (i) The date on which the drug was donated;

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     (ii) The name of the person who donated the drug; and

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     (iii) The expiration date of the drug.

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     (b) Any for-profit or nonprofit facility receiving turnover medications may then donate

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them to another qualifying nonprofit facility provided that subsequent responsibility for identifying

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and using the drug becomes the responsibility of the facility receiving the donation.

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     (c) All records must be maintained for not less than two (2) years.

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     4-9.1-8. Rules and regulations.

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     The board of veterinary medicine shall promulgate any rules or regulations deemed

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necessary to carry out the provisions of this chapter, including, without limitation:

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     (1) Requirements for reissuing drugs pursuant to this chapter, including, without limitation,

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requirements that provide appropriate safeguards for ensuring that the drugs are not compromised

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or illegally diverted before being reissued;

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     (2) Requirements for accepting drugs donated to a licensed veterinarian or facility in which

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veterinary medicine is practiced pursuant to this chapter; and

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     (3) Requirements for maintaining records relating to the acceptance and use of drugs to fill

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other prescriptions pursuant to this chapter.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- DONATION OF

MEDICATIONS FOR USE BY NONPROFIT, STATE AND LOCAL FACILITIES

***

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     This act would establish a process for the donation of unused medications for use by

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nonprofit, state and local facilities by owners of animals.

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     This act would take effect upon passage.

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