Unused medications: cancer medication recycling.

Existing law, the Pharmacy Law, establishes the California State Board of Pharmacy in the Department of Consumer Affairs. Existing law authorizes a county to establish a voluntary drug repository and distribution program for the purpose of distributing surplus medications through a surplus medication collection and distribution intermediary that is licensed by the board. Existing law authorizes the board to charge a fee in the amount of $300 to issue or renew a license to operate as a surplus medication collection and distribution intermediary. Existing law makes a violation of the Pharmacy Law a crime. This bill would establish, until January 1, 2027, a program for the collection and distribution of eligible unused cancer medications, to be known as the Cancer Medication Recycling Act. The bill would require each participating practitioner, as defined, in the collection and distribution of those medications to be registered with a surplus medication collection and distribution intermediary, as specified, and would require a surplus medication collection and distribution intermediary to create a registry for up to 50 participating practitioners, including developing both a donor and a recipient form containing specified information. The bill would authorize a surplus medication collection and distribution intermediary to charge a fee, not to exceed $300, as specified, to issue or renew the registration certificate of a participating practitioner under the program. The bill would require participating practitioners to meet specified requirements, including establishing criteria for determining medication distribution to patients. This bill would exempt a participating practitioner from licensure as a wholesaler and would require the practitioner to keep and maintain for 3 years records created by the participating practitioner for purposes of the program. The bill would also exempt a donor and other specified persons and entities from criminal or civil liability for an injury caused when participating in the program, including, but not limited to, donating, accepting, or dispensing medication in compliance with the requirements of the act, unless the person or entity acted with gross negligence, recklessness, intentional conduct, or in cases of malpractice unrelated to the quality of the medication. The bill would also exempt a participating practitioner that receives a donated medication and redistributes it from a specified penalty resulting from the condition of the donated medication, except as specified. The bill would authorize the board to prohibit a participating practitioner from participating in the program if the participating practitioner does not comply with the requirements of the bill. Because a violation of the requirements of the bill contained in the Pharmacy Law would be a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.