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:

     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 document patient visits, diagnosis,

treatment, and other relevant in formation.

     (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 § 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

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

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

pharmacy, an 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.

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     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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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

***

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

nonprofit, state and local facilities by owners of animals.

     This act would take effect upon passage.

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