2001 -- S 0993

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LC03397
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S  T  A  T  E     O  F     R  H  O  D  E     I  S  L  A  N  D    

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2001

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A  N     A   C   T

RELATING TO BUSINESS AND PROFESSIONS - PHARMACY

Introduced By:  Senators Celona, Garabedian, Irons, DaPonte and Algiere Date Introduced:  June 12, 2001 Referred To:  Committee on Corporations

It is enacted by the General Assembly as follows:

SECTION 1. Section 5-19-27 of the General Laws in Chapter 5-19 entitled "Pharmacy" is hereby amended to read as follows:

5-19-27. License to distribute or sell drugs for resale. - - (a) No person shall sell, offer for sale, vend or distribute at wholesale or as a jobber, broker, agent, or distributor or for resale in any manner in this state any drugs, medicines, and poisons, without first obtaining a license to do so from the board of pharmacy. A manufacturer or wholesaler may sell drugs, medicines, and poisons to any licensed pharmacy, medical practitioner or other person authorized to dispense, sell at retail and use those drugs, medicines and poisons. Individuals employed as agents of federally-registered drug establishments are not required to pay an additional fee. The latter individuals are licensed by an addendum to the employer's application on a form provided by the board of pharmacy.

(b) As a requirement of licensure, manufacturers of drugs, medicines and poisons shall maintain adequate provisions to accept for the return of all recalled, withdrawn, damaged, excess or outdated drugs, medicines and poisons. Manufacturers shall accept for credit all drugs, medicines and poisons, returned in full, partially full, or re-packaged containers for products purchased in this State.

(c) All drugs, medicines, and poisons set forth in subsection (b) of this section shall be accepted for return by the manufacturer for prompt, full credit at current market value at the time of return, for up to thirty-six (36) months beyond the labeled expiration date.

SECTION 2. This act shall take effect upon passage.

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LC03397
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF

A  N     A   C   T

RELATING TO BUSINESS AND PROFESSIONS - PHARMACY

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This act would add a provision to the section of the general laws pertaining to the license requirement to distribute or sell drugs for resale, a requirement that manufactures of recalled, withdrawn, damaged or maintain adequate provisions to accept returned items.

This act would take effect upon passage.

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