HRS §328C-5
State agencies can still regulate donated medicines and supplies
This section says the state can still regulate, inspect, or ban donated medicines and health supplies. Charities and nonprofits must follow the same drug and supply rules as others, especially for prescription drugs. If they give prescription drugs to anyone other than a patient, that counts as wholesale distribution.
state agencies
The statute, as written — Reserving the State's authority to regulate, inspect, or ban the use of donated pharmaceuticals or health care supplies
Nothing in this chapter is intended to restrict the authority of any state department to regulate, inspect, or ban the use of donated pharmaceuticals or health care supplies for human consumption or use. Pharmaceuticals and health care supplies that are distributed by a charitable, religious, or nonprofit organization, and the activities associated with that distribution, shall comply with the applicable provisions of chapter 328, including part VII, which relates to prescription drug wholesalers. Any provisions to the contrary notwithstanding, all activities conducted by an organization under this chapter involving the distribution of prescription drugs to persons other than a consumer or patient shall be included within the definition of "wholesale distribution" as defined by section 328-112.
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