SF 1785

Introduction - 94th Legislature (2025 - 2026)

Posted on 07/09/2025 08:53 a.m.

A bill for an act
relating to health; modifying medication repository program procedures;
appropriating money; amending Minnesota Statutes 2024, section 151.555,
subdivisions 6, 10.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 151.555, subdivision 6, is amended to read:

Subd. 6.

Standards and procedures for accepting donations of drugs and supplies new text begin
and purchasing drugs from licensed wholesalers new text end .

(a) Notwithstanding any other law or
rule, a donor may donate drugs or medical supplies to the central repository or a local
repository if the drug or supply meets the requirements of this section as determined by a
pharmacist or practitioner who is employed by or under contract with the central repository
or a local repository.

(b) A drug is eligible for donation under the medication repository program if the
following requirements are met:

(1) the drug's expiration date is at least six months after the date the drug was donated.
If a donated drug bears an expiration date that is less than six months from the donation
date, the drug may be accepted and distributed if the drug is in high demand and can be
dispensed for use by a patient before the drug's expiration date;

(2) the drug is in its original, sealed, unopened, tamper-evident packaging that includes
the expiration date. Single-unit-dose drugs may be accepted if the single-unit-dose packaging
is unopened;

(3) the drug or the packaging does not have any physical signs of tampering, misbranding,
deterioration, compromised integrity, or adulteration;

(4) the drug does not require storage temperatures other than normal room temperature
as specified by the manufacturer or United States Pharmacopoeia, unless the drug is being
donated directly by its manufacturer, a wholesale drug distributor, or a pharmacy located
in Minnesota; and

(5) the drug is not a controlled substance.

(c) A medical supply is eligible for donation under the medication repository program
if the following requirements are met:

(1) the supply has no physical signs of tampering, misbranding, or alteration and there
is no reason to believe it has been adulterated, tampered with, or misbranded;

(2) the supply is in its original, unopened, sealed packaging; and

(3) if the supply bears an expiration date, the date is at least six months later than the
date the supply was donated. If the donated supply bears an expiration date that is less than
six months from the date the supply was donated, the supply may be accepted and distributed
if the supply is in high demand and can be dispensed for use by a patient before the supply's
expiration date.

(d) The board shall develop the medication repository donor form and make it available
on the board's website. Prior to the first donation from a new donor, a central repository or
local repository shall verify and record the following information on the donor form:

(1) the donor's name, address, phone number, and license number, if applicable;

(2) that the donor will only make donations in accordance with the program;

(3) to the best of the donor's knowledge, only drugs or supplies that have been properly
stored under appropriate temperature and humidity conditions will be donated; and

(4) to the best of the donor's knowledge, only drugs or supplies that have never been
opened, used, tampered with, adulterated, or misbranded will be donated.

(e) Notwithstanding any other law or rule, a central repository or a local repository may
receive donated drugs from donors. Donated drugs and supplies may be shipped or delivered
to the premises of the central repository or a local repository, and shall be inspected by a
pharmacist or an authorized practitioner who is employed by or under contract with the
repository and who has been designated by the repository prior to dispensing. A drop box
must not be used to deliver or accept donations.

(f) The central repository and local repository shall maintain a written or electronic
inventory of all drugs and supplies donated to the repository upon acceptance of each drug
or supply. For each drug, the inventory must include the drug's name, strength, quantity,
manufacturer, expiration date, and the date the drug was donated. For each medical supply,
the inventory must include a description of the supply, its manufacturer, the date the supply
was donated, and, if applicable, the supply's brand name and expiration date. The board
may waive the requirement under this paragraph if an entity is under common ownership
or control with a central repository or local repository and either the entity or the repository
maintains an inventory containing all the information required under this paragraph.

new text begin (g) The central repository may purchase a drug from a wholesaler licensed by the Board
of Pharmacy to fill prescriptions for eligible patients when the repository does not have a
sufficient supply of donated drugs to fill the prescription. The central repository may use
any purchased drugs remaining after filling the prescriptions for which the drugs were
initially purchased to fill other prescriptions. Whenever possible, the repository must use
donated drugs to fill prescriptions.
new text end

Sec. 2.

Minnesota Statutes 2024, section 151.555, subdivision 10, is amended to read:

Subd. 10.

Distribution of donated drugs and supplies.

(a) The central repository and
local repositories may distribute drugs and supplies donated under the medication repository
program to other participating repositories for use pursuant to this program.

(b) A local repository that elects not to dispense donated drugs or supplies new text begin that are
suitable for donation and dispensing new text end must transfer deleted text begin all deleted text end new text begin those new text end donated drugs and supplies to
the central repository. A copy of the donor form that was completed by the original donor
under subdivision 6 must be provided to the central repository at the time of transfer. new text begin A
local repository must dispose of drugs and supplies in its possession that are not suitable
for donation or dispensing pursuant to subdivision 7.
new text end

Sec. 3. new text begin APPROPRIATION; MEDICATION REPOSITORY PROGRAM.
new text end

new text begin $900,000 in fiscal year 2026 and $900,000 in fiscal year 2027 are appropriated from the
general fund to the Board of Pharmacy for a contract under Minnesota Statutes, section
151.555. The base for this appropriation is $900,000 in fiscal year 2028 and $900,000 in
fiscal year 2029.
new text end