| Chapter 149 |
| 2021 -- H 6283 Enacted 07/03/2021 |
| A N A C T |
| RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- DONATION OF MEDICATIONS FOR USE BY NONPROFIT, STATE AND LOCAL FACILITIES |
Introduced By: Representative Patricia A. Serpa |
| Date Introduced: April 29, 2021 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Title 4 of the General Laws entitled "ANIMALS AND ANIMAL |
| HUSBANDRY" is hereby amended by adding thereto the following chapter: |
| CHAPTER 9.1 |
| DONATION OF MEDICATIONS FOR USE BY NONPROFIT, STATE, AND LOCAL |
| FACILITIES |
| 4-9.1-1. Definitions. |
| As used in this chapter: |
| (1) "Animal rescue" means an entity, without a physical brick-and-mortar facility, that is |
| owned, operated, or maintained by a duly incorporated humane society, animal welfare society, |
| society for the prevention of cruelty to animals, or other nonprofit organization. |
| (2) "Animal shelter" means a brick-and-mortar facility that is used to house or contain |
| animals and that is owned, operated, or maintained by a duly incorporated humane society, animal |
| welfare society, society for the prevention of cruelty to animals, or other nonprofit organization |
| devoted to the welfare, protection, and humane treatment of animals. |
| (3) "Nonprofit corporation" means a corporation of which no part of the income or profit |
| is distributable to its members, directors, or officers, except as otherwise expressly permitted by |
| chapter 6 of title 7. |
| (4) "Pound" or "Dog pound" means a facility operated by the state, or any political |
| subdivision of the state, for the purpose of impounding or harboring seized, stray, homeless, |
| abandoned, or unwanted dogs, cats, and other animals, or a facility operated for that purpose under |
| contract with any municipal corporation or incorporated society for the prevention of cruelty to |
| animals. |
| (5) "Veterinarian-client patient relationship" or "VCPR" means a relationship where all of |
| the following conditions have been met: |
| (i) The veterinarian has assumed the responsibility for making medical judgments |
| regarding the health of the animal or animals and the need for medical treatment, and the client |
| (i.e., animal owner or custodian) has agreed to follow the instructions of the veterinarian. |
| (ii) The veterinarian has sufficient knowledge of the animal or animals to initiate at least a |
| general or preliminary (e.g., tentative) diagnosis of the medical condition of the animal or animals. |
| "Sufficient knowledge", as used in this subsection, means that the veterinarian has recently seen |
| and is personally acquainted with the keeping and care of the animal or animals, and/or by |
| medically appropriate and timely visits to the premises where the animal or animals are kept. |
| (iii) The veterinarian is readily available for follow-up in cases of adverse reactions or |
| failure of the regimen of therapy. |
| (iv) The veterinarian maintains records, which that document patient visits, diagnosis, |
| treatment, and other relevant in formation information. |
| (6) "Veterinary clinic" means any premises to which animals are brought or where they are |
| temporarily kept, solely for the purpose of diagnosis or treatment of any illness or injury. |
| 4-9.1-2. Allowable medication donations. |
| (a) An owner of an animal may donate a drug that is dispensed for the animal, but will not |
| be used by that animal, to a licensed veterinarian or a facility in which veterinary medicine is |
| practiced if the licensed veterinarian or facility chooses to accept the drug. |
| (b) Except as provided in ยง 4-9.1-3, a licensed veterinarian may reissue a drug accepted |
| pursuant to this section to fill other prescriptions provided that: |
| (1) The veterinarian is licensed to practice veterinary medicine in Rhode Island; |
| (2) The drug is being dispensed to fill a prescription needed to treat an animal under the |
| care of a Rhode Island registered nonprofit shelter, municipal pound, shelter, veterinary clinic, or |
| animal rescue facility; |
| (3) Wildlife rehabilitators licensed by the state of Rhode Island will have access to these |
| medications under the direction of a licensed Rhode Island veterinarian; |
| (4) The prescription is authorized by the veterinarian within a valid VCPR; |
| (5) The licensed veterinarian determines that the drug is suitable for that purpose; and |
| (6) The drug was originally dispensed by a licensed veterinarian, a facility in which |
| veterinary medicine is practiced which that is licensed by the state of Rhode Island, a licensed |
| pharmacy, an Internet internet pharmacy that is accredited through the National Association of |
| Boards of Pharmacy's Veterinary-Verified Internet Pharmacy Practice Sites program, or its |
| successor;. |
| 4-9.1-3. Drugs not eligible for donation or reissuance. |
| Drugs that will not be eligible for reissuance include: |
| (1) Drugs classified as a controlled substance; |
| (2) Drugs that require refrigeration unless it is a drug that only requires refrigeration after |
| being opened and the drug is donated in an unopened condition; and |
| (3) Drugs where the packaging or bottle does not list the expiration date of the usefulness |
| of the drug. |
| 4-9.1-4. Reissuance of medications. |
| (a) Any reissued medication shall have the name of the animal and the name of the owner |
| of the animal for which the drug was originally dispensed, the prescription number, and any other |
| identifying marks obliterated from the packaging or bottle before the reissuance of the drug. When |
| medication is reissued to owned pets, the owner will be informed as to the fact that the medication |
| is supplied from a supply of turnover medications. |
| (b) A licensed veterinarian may not reissue a drug accepted pursuant to this section to fill |
| other prescriptions dispensed by the licensed veterinarian for an animal if the animal is raised to |
| produce food for human consumption or the animal is ordinarily consumed by animals that are |
| raised to produce food for human consumption. |
| (c) For expired medications, the veterinarian may elect to reissue these medications if they |
| are unopened and from a period of one year from their expiration date if the veterinarian determines |
| the medication to continue to maintain efficacy. |
| 4-9.1-5. Immunity from civil or criminal liability. |
| (a) A licensed veterinarian or a facility or agency in which veterinary medicine is practiced |
| with one or more full-time or part-time veterinarians that complies with the provisions of this |
| chapter in the donation, acceptance, distribution, or dispensation of a drug in accordance with the |
| provisions of this chapter and any regulations adopted pursuant thereto is not subject to any civil |
| or criminal liability or disciplinary action by a professional licensing board for any loss, injury, or |
| death that results from the donation, acceptance, distribution, or dispensation of the drug. |
| (b) A manufacturer of a drug is not subject to civil or criminal liability for any claim or |
| injury arising from the donation, acceptance, distribution, or dispensation of the drug pursuant to |
| this chapter and any regulations adopted pursuant thereto. |
| 4-9.1-6. Sale of donated medications prohibited. |
| A licensed veterinarian, shelter, pound, animal rescue, or humane society shall not sell or |
| resell any drug accepted pursuant to this chapter. |
| 4-9.1-7. Handling of donated medications. |
| (a) The facility receiving the turnover medication shall: |
| (1) Identify and maintain separately from other stock any drug accepted pursuant to this |
| chapter; and |
| (2) Make a record of each drug accepted pursuant to this chapter that includes, without |
| limitation: |
| (i) The date on which the drug was donated; |
| (ii) The name of the person who donated the drug; and |
| (iii) The expiration date of the drug. |
| (b) Any for-profit or nonprofit facility receiving turnover medications may then donate |
| them to another qualifying nonprofit facility provided that subsequent responsibility for identifying |
| and using the drug becomes the responsibility of the facility receiving the donation. |
| (c) All records must be maintained for not less than two (2) years. |
| 4-9.1-8. Rules and regulations. |
| The board of veterinary medicine shall promulgate any rules or regulations deemed |
| necessary to carry out the provisions of this chapter, including, without limitation: |
| (1) Requirements for reissuing drugs pursuant to this chapter, including, without limitation, |
| requirements that provide appropriate safeguards for ensuring that the drugs are not compromised |
| or illegally diverted before being reissued; |
| (2) Requirements for accepting drugs donated to a licensed veterinarian or facility in which |
| veterinary medicine is practiced pursuant to this chapter; and |
| (3) Requirements for maintaining records relating to the acceptance and use of drugs to fill |
| other prescriptions pursuant to this chapter. |
| SECTION 2. This act shall take effect upon passage. |
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| LC000783 |
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