HB1956: Prescription drug order; requirements for shipping Schedule VI controlled substances.

HOUSE BILL NO. 1956

Offered January 11, 2017
Prefiled January 10, 2017
A BILL to amend and reenact § 54.1-3420.2 of the Code of Virginia, relating to delivery of prescription drug order; shipping Schedule VI controlled substances.
Patron-- Helsel

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1. That § 54.1-3420.2 of the Code of Virginia is amended and reenacted as follows:

§ 54.1-3420.2. Delivery of prescription drug order.

A. Prescription drug orders may be delivered (i) directly to the patient or his legally authorized representative at the pharmacy; (ii) to the home of the patient, by hand delivery or by mail, common carrier, or delivery service; or (iii) to another delivery location, by hand delivery or by mail, common carrier, or delivery service, provided such delivery to such delivery location is authorized by federal law and regulations of the Board. The Board shall adopt regulations governing the delivery of prescription orders by mail, common carrier, or delivery service to a patient's home or to another delivery location, which shall include requirements related to access, accuracy, security, required records, storage, and accountability. Such regulations shall also include temperature control standards and shall require, for any drug requiring temperature control, a method approved by the United States Pharmacopeia by which the patient can detect temperature variances that could cause degradation of the drugs.

B. Whenever any pharmacy permitted to operate in this the Commonwealth or nonresident pharmacy registered to conduct business in the Commonwealth delivers a prescription drug order to a patient's home or another designated location by mail, common carrier, or delivery service, when the drug order is not personally hand delivered directly, to the patient or his agent at the person's residence or other designated location, the following conditions shall be required each shipment so delivered shall include the following:

1. Written notice shall be placed in each shipment alerting the consumer that under certain circumstances chemical degradation of drugs may occur; and

2. Written notice shall be placed in each shipment providing a toll-free or local consumer access telephone number which is designed to respond to consumer questions pertaining to chemical degradation of drugs.

B. If a prescription C. Prescription drug order orders for a Schedule VI controlled substance is not personally hand delivered directly to the patient or the patient's agent, or if the prescription drug order is not delivered to the residence of the patient, substances shall only be delivered to a delivery location other than the patient's home if the delivery location shall hold holds a current permit, license, or registration with the Board that authorizes the possession of controlled substances at that location. The Board shall promulgate regulations related to the security, access, required records, accountability, storage, and accuracy of delivery of such drug delivery systems. Schedule II through Schedule V controlled substances shall be delivered to an alternate delivery location only if such delivery is authorized by federal law and regulations of the Board.

C. D. Prescription drug orders dispensed to a patient and delivered to a community services board or behavioral health authority facility licensed by the Department of Behavioral Health and Developmental Services upon the signed written request of the patient or the patient's legally authorized representative may be stored, retained, and repackaged at the facility on behalf of the patient for subsequent delivery or administration. The repackaging of a dispensed prescription drug order retained by a community services board or behavioral health authority facility for the purpose of assisting a client with self-administration pursuant to this subsection shall only be performed by a pharmacist, pharmacy technician, nurse, or other person who has successfully completed a Board-approved training program for repackaging of prescription drug orders as authorized by this subsection. The Board shall promulgate regulations relating to training, packaging, labeling, and recordkeeping for such repackaging.

D. E. Prescription drug orders dispensed to a patient and delivered to a Virginia Department of Health or local health department clinic upon the signed written request of a patient, a patient's legally authorized representative, or a Virginia Department of Health district director or his designee may be stored and retained at the clinic on behalf of the patient for subsequent delivery or administration.

E. F. Prescription drug orders dispensed to a patient and delivered to a program of all-inclusive care for the elderly (PACE) site licensed by the Department of Social Services pursuant to § 63.2-1701 and overseen by the Department of Medical Assistance Services in accordance with § 32.1-330.3 upon the signed written request of the patient or the patient's legally authorized representative may be stored, retained, and repackaged at the site on behalf of the patient for subsequent delivery or administration. The repackaging of a dispensed prescription drug order retained by the PACE site for the purpose of assisting a client with self-administration pursuant to this subsection shall only be performed by a pharmacist, pharmacy technician, nurse, or other person who has successfully completed a Board-approved training program for repackaging of prescription drug orders as authorized by this subsection. The Board shall promulgate regulations relating to training, packaging, labeling, and recordkeeping for such repackaging.