§ 1-328.01. Grant transparency.

Prior Codifications

2001 Ed., § 1-333.12.

Temporary Addition of Section

Sections 2 to 4 of D.C. Law 18-155 added sections to read as follows:

"Sec. 2. Definitions.

"For the purposes of this act:

"(1) 'Adulterated' shall have the same meaning as provided in section 402 of the Federal Food, Drug, and Cosmetic Act, approved June 25, 1938 (52 Stat. 1046; 21 U.S.C. § 342)('Food, Drug, and Cosmetic Act').

"(2) 'Health care facility' means a hospital, assisted living facility, or nursing home.

"(3) 'Medical supply' means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any component, part, or accessory that is:

"(A) Recognized in the official National Formulary or the United States Pharmacopeia, or any supplement to them;

"(B) Intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease or other conditions; or

"(C) Intended to affect the structure or any function of the body that does not achieve its primary intended purpose through chemical action within or on the body and is not dependent upon being metabolized for the achievement of its primary intended purpose.

"(4) 'Misbranded' shall have the same meaning as provided in section 402 of the Food, Drug, and Cosmetic Act (21 U.S.C. § 343).

"(5) 'Pharmaceutical product' means a drug or biologic for human use regulated by the federal Food and Drug Administration.

"(6) 'Pharmacy' means an establishment or institution where the practice of pharmacy is conducted and drugs or prescriptions are compounded or dispensed, offered for sale, given away, or displayed for sale.

"Sec. 3. Donations of unused pharmaceutical products and medical supplies.

"(a) The Mayor may designate a nonprofit organization to accept pharmaceutical products and medical supplies from health care facilities and pharmacies for the relief of earthquake victims in Haiti.

"(b) Notwithstanding any other District law, a District pharmacy or health care facility may donate to the nonprofit organization designated by the Mayor a pharmaceutical product or medical supply, including those donated to the pharmacy or health care facility by a patient, or the patient's relative following the death of the patient, provided that:

"(1) The pharmaceutical product:

"(A) Is in its original, sealed, and tamper-evident packaging; except, that a pharmaceutical product in a single-unit dose or blister pack with the outside packaging opened may be accepted provided that the single-unit dose packaging remains intact;

"(B) Bears an expiration date that is more than 3 months after the date the pharmaceutical product is donated;

"(C) Has been inspected by a pharmacist and the pharmacist has determined it is not adulterated or misbranded; and

"(D) Is not a controlled substance; and

"(2) The medical supply is inspected by a pharmacist and the pharmacist has determined that the medical supply is not adulterated or misbranded.

"(c) A health care facility or pharmacy that donates a pharmaceutical product or medical supply that receives notice that the pharmaceutical product or medical supply has been recalled shall notify the designated nonprofit organization of the recall.

"(d) If the designated nonprofit organization receives a recall notification from a health care facility or pharmacy, it shall ensure that the recalled pharmaceutical products and medical supplies within its control are destroyed and, if a recalled pharmaceutical product or medical supply has been sent to Haiti, attempt to ensure that the recalled pharmaceutical products and medical supplies sent to Haiti are destroyed

"Sec. 4. Immunity from liability and exemption from disciplinary action.

"A person, health care facility, pharmacy, or the nonprofit organization designated by the Mayor acting reasonably, in good faith, and within the scope of this act, or any rules issued pursuant to this act, shall be immune from civil liability and criminal prosecution and exempt from disciplinary action for acts and omissions, including injury to or the death of an individual to whom a donated pharmaceutical product or medical supply is provided pursuant to this act."

Section 6(b) of D.C. Law 18-155 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary (90 day) addition, see § 1014 of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).

For temporary (90 day) amendment of section, see §§ 2 to 4, of Haiti Earthquake Relief Drug and Medical Supply Assistance Emergency Act of 2009 (D.C. Act 18- 318, February 22, 2010, 57 DCR 1658).

Legislative History of Laws

For Law 17-20, see notes following § 1-301.114.

Miscellaneous Notes

Short title: Section 1011 of D.C. Law 17-20 provided that subtitle B of title I of the act may be cited as the "Specified Funding Allocations Act of 2007".

Section 4003 of D.C. Law 19-168 provides:

"Sec. 4003. (a) Notwithstanding any other provision of law, the District of Columbia Public Schools may make competitive grants to charitable organizations for fiscal year 2013 as follows:

"(1) An amount of $100,000 for a journalism mentorship program in the District of Columbia Public Schools; and

"(2) An amount of $100,000 for a mathematics literacy program in the District of Columbia Public Schools.

"(b) Notwithstanding the Uniform Per Student Funding Formula for Public Schools and Public Charter Schools Act of 1998, effective March 26, 1999 (D.C. Law 12- 207; D.C. Official Code § 38-2901 et seq.), and the District of Columbia School Reform Act of 1995, approved April 26, 1996 (110 Stat. 1321; D.C. Official Code § 38-1800.01), the allocations described in subsection (a) of this section shall not be construed to create an obligation to provide additional funding to any local education agency except the District of Columbia Public Schools."