[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2740 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 2740
To amend the Federal Food, Drug, and Cosmetic Act with respect to the
receipt of donated prescription drug samples by charitable health care
entities.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 2, 2001
Mr. Burr of North Carolina (for himself and Mr. Kleczka) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To amend the Federal Food, Drug, and Cosmetic Act with respect to the
receipt of donated prescription drug samples by charitable health care
entities.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drug Access Act of 2001''.
SEC. 2. DONATION OF PRESCRIPTION DRUG SAMPLES TO CHARITABLE HEALTH CARE
ENTITIES.
Section 503(d) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 353(d)) is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``paragraphs (2) and (3)'' and inserting
``paragraphs (2) through (4)''; and
(2) by adding at the end the following paragraph:
``(4)(A) A charitable health care entity may receive a drug sample
donated by a person described in subparagraph (A), (B), or (C) of
paragraph (1) or by another charitable health care entity for
dispensing to a patient of the charitable institution, and a charitable
health care entity may donate a drug sample to another charitable
health care entity for dispensing to its patients, if the following
requirements are met:
``(i) Delivery of the donated drug sample to the charitable
health care entity is completed by mail or common carrier,
collection by an authorized agent or employee of the recipient
charitable health care entity, or personal delivery by a
licensed practitioner or an agent or employee of the donating
charitable health care entity.
``(ii) The charitable health care entity receiving the
donated drug sample executes a written receipt for the drug
sample upon its delivery and provides for the return of the
receipt to the donating entity.
``(iii) The donated drug sample received by the charitable
health care entity is in its original, unopened packaging with
its labeling intact.
``(iv) Before dispensing such sample to a patient, the
sample is examined by a licensed practitioner or registered
pharmacist to confirm that the sample is not adulterated or
misbranded.
``(B) For purposes of this subsection, the term `charitable health
care entity' means an entity that provides diagnostic, medical,
surgical, or dental treatment or provides chronic or rehabilitative
care; is described in section 501(c)(3) of the Internal Revenue Code of
1986; and is under section 501(a) of such Code exempt from taxation.''.
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