Prescription Medication Distribution – The Five Percent Rule for Resale (Resolution 109-2-13)

Resolution No:109-2-13
Title: Prescription Medication Distribution – The Five Percent Rule for Resale
Action: PASS

WHEREAS, state and federal safeguards, statutes, and regulations for the United States distribution system for prescription drugs secure against adulterated, misbranded, and counterfeit drugs;

WHEREAS, despite the systems in place to secure the drug distribution system from such adulterated, misbranded, and counterfeit drugs there are problems that exist; and

WHEREAS, state provisions that allow pharmacies to distribute to other pharmacies and to practitioners a specified quantity of prescription medications based upon determined ratios (often times five percent) have been exploited and resulted in diversion; and

WHEREAS, properly constructed laws and regulations allow the distribution of medications between pharmacies in the event of emergency situations and special patient circumstances;

THEREFORE BE IT RESOLVED that the National Association of Boards of Pharmacy (NABP) urge its member boards of pharmacy to revise their “five percent” rules to allow the transfer, distribution, or sale of prescription drugs between pharmacies, or from pharmacies to practitioners, only for the purpose of dispensing or administration, but not for resale; and to prohibit the transfer, distribution, or sale of prescription drugs from pharmacies to wholesalers for resale (Note: returned purchases from pharmacies to wholesalers are not “transfers, distributions, or sales,” thus they are not affected by this language); and

BE IT FURTHER RESOLVED that NABP urge its member boards, when revising their “five percent” rules, to allow pharmacies to transfer, distribute, or sell medications for emergency medical reasons, including public health emergency declarations by federal or state officials, and individual patient needs.

(Resolution passed at the NABP 109th Annual Meeting in St Louis, MO)