Legal dilemma

[Xarelto-10]

Greetings Ya’ll !
I work for a hospital in Tx under which another post-acute care facility operates as a separate entity.

I was alarmed when a tech told me that another tech from the post-acute care entity, I guess, “gave us” several bags of heparin drips 20,000Units/500 D5W because they weren’t using them as much and will expire in November of this year.

I am not quiet sure if the higher-ups know about this but I feel we may be in murky legal situation concerning such situations but can’t be too sure.

I will appreciate you guys if you can enlighten me on this situation.

Thank you ahead for your help!

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[CetiAlphaFive]

Greetings Ya’ll !
I work for a hospital in Tx under which another post-acute care facility operates as a separate entity.

I was alarmed when a tech told me that another tech from the post-acute care entity, I guess, “gave us” several bags of heparin drips 20,000Units/500 D5W because they weren’t using them as much and will expire in November of this year.

I am not quiet sure if the higher-ups know about this but I feel we may be in murky legal situation concerning such situations but can’t be too sure.

I will appreciate you guys if you can enlighten me on this situation.

Thank you ahead for your help!

Where is the question hidden in that paragraph?

Are you asking if one registrant is allowed to transfer medications to another registrant?

 

[Xarelto-10]

Where is the question hidden in that paragraph?

Are you asking if one registrant is allowed to transfer medications to another registrant?

In a way yes. However in this scenario it seems more like a “donation”

Thank you for your interest in the matter.

 

[lord999]

Ah, Texas law is pretty

Where is the question hidden in that paragraph?

Are you asking if one registrant is allowed to transfer medications to another registrant?

In a way yes. However in this scenario it seems more like a “donation”

Thank you for your interest in the matter.

If it's a Class C, then procurement standards are a PIC matter. So long as USP/NP standards are observed such that the pharmacy does not get adulterated meds, there's no particular law or rule prohibiting two facilities giving each other meds for no consideration. There are recordkeeping requirements for controlled substances and the Texas specific "dangerous drugs", obviously, but there is weirdly no requirement to even keep invoices for legend drugs. Short-dating stuff is fine as long as it's used within the dates. You can read the 22 TAC for Class C pharmacies on the matter.

 

[steveysmith54]

I think as long as you keep a log of med transfers with lot numbers you are fine. There is no requirement that you have to reimburse for meds obtained. I worked for independents where we would borrow meds all the time, sometimes not even return. When it’s a c2 it gets messier cause more paper work is required

 

[Xarelto-10]

I think as long as you keep a log of med transfers with lot numbers you are fine. There is no requirement that you have to reimburse for meds obtained. I worked for independents where we would borrow meds all the time, sometimes not even return. When it’s a c2 it gets messier cause more paper work is required

Thanks for your help! I tried reading TAC as lord999 above referenced but there is no clear direction as far as steps that needs to be taken as far as record keeping.

But I guess I’m going to roll with it for now.
Thank you once again !

 

[Xarelto-10]

Ah, Texas law is pretty

If it's a Class C, then procurement standards are a PIC matter. So long as USP/NP standards are observed such that the pharmacy does not get adulterated meds, there's no particular law or rule prohibiting two facilities giving each other meds for no consideration. There are recordkeeping requirements for controlled substances and the Texas specific "dangerous drugs", obviously, but there is weirdly no requirement to even keep invoices for legend drugs. Short-dating stuff is fine as long as it's used within the dates. You can read the 22 TAC for Class C pharmacies on the matter.

Thank you for your help!

 

[lord999]

Thank you for your help!

Texas Administrative Code

Those are the actual records you have to keep.

And no, there does not need to be an invoice log, no one keeps that (FDA's been trying to develop a system such that it is possible to do this, but we're not anywhere near that level of supply control yet), just inventories. Sigh, it's surprising how little operational law gets through to us at times.



Texas Administrative Code

The relevant part is 291.74f

(f) Drugs.



(1) Procurement, preparation and storage.


(A) The pharmacist-in-charge shall have the responsibility for the procurement and storage of drugs, but may receive input from other appropriate staff of the facility, relative to such responsibility.


(B) The pharmacist-in-charge shall have the responsibility for determining specifications of all drugs procured by the facility.


(C) Institutional pharmacies may not sell, purchase, trade or possess prescription drug samples, unless the pharmacy meets the requirements as specified in §291.16 of this title (relating to Samples).


(D) All drugs shall be stored at the proper temperatures, as defined in the USP/NF and in §291.15 of this title (relating to Storage of Drugs).


(E) Any drug bearing an expiration date may not be distributed beyond the expiration date of the drug.


(F) Outdated and other unusable drugs shall be removed from stock and shall be quarantined together until such drugs are disposed of properly.

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You probably want to reread that section completely under Operational standards, and Subpart G about services offered by the pharmacy (including the weird stuff like kits, samples, and other odd stuff) as I know that both TBoP and those jerks at TABC have an enforcement trigger for being stupid about it. Those fanatics at TABC literally tried to walk into Big Spring VA and cite them for possession of tax-free alcohol that was not registered to them (conveniently forgetting that the hospital was a federal facility and the alcohol was not meant for non-therapeutic consumption).