[§328B-3]  Credit and reimbursement for handling returned drugs.  (a)  Prescription drugs that have been refused on delivery and are returned to the dispensing pharmacy shall be credited to the payer in full and shall not be subject to a handling fee.

     (b)  If prescription drugs returned to the dispensing pharmacy have been previously billed to the payer, the payer shall be credited for the quantity of drugs returned, not including the original dispensing fee, and less any handling fee.  An appropriate handling fee, not to exceed the institutional facility's actual cost of processing returned prescription drugs and the receiving pharmacy's actual cost of receiving and processing returned prescription drugs, shall be established by the department of human services.  The handling fee shall not reduce the credit amount below zero.  Dispensed and billed drugs with a valuation below the handling fee shall not be returnable for credit under this chapter.

     (c)  The pharmacy shall reimburse the institutional facility for the proper storage and recordkeeping of returned drugs from the handling fee as determined in subsection (b), if any.

     (d)  Returned prescription drugs may be sold by prescription subject to the provisions of this chapter. [L 2004, c 190, pt of §2]