HB 1849
In CommitteeHouse
Rx drug donation program
Expanding the drugs eligible for the unexpired prescription drug donation program.
This status may be delayed. See Action History below for the latest updates.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill expands Washington State’s prescription drug donation program by making more medications eligible for donation—including opened, single-unit-dose packages—and updating safety and expiration rules. It also strengthens recall procedures and clarifies restrictions on resale and insurance reimbursement.
- Expands the types of prescription drugs eligible for donation by clarifying that drugs in opened, single-unit-dose packaging may be accepted if the packaging remains intact.
- Changes the expiration date requirement: instead of requiring six months of shelf life remaining, the bill now only requires that the drug not be expired at the time of donation and that enough time remains for safe use by another person.
- Adds clear recall procedures: donors, pharmacies, and distributors must notify others immediately if a drug is recalled and remove recalled drugs from stock.
- Reinforces that donated drugs cannot be resold and cannot be reimbursed by public or private health insurers.
- Prohibits donation of certain high-risk medications (e.g., those requiring patient enrollment in a manufacturer program) unless the recipient is already enrolled and the amount donated does not exceed the enrollment period.
Who is affected
- Patients with limited income or insurance coverage — People who need prescription medications but cannot afford them may receive donated, unexpired drugs through participating pharmacies.
- Pharmacies participating in the donation program — Pharmacies that accept, store, inspect, and dispense donated drugs must follow new safety and recall procedures.
- Pharmacists involved in the program — Pharmacists must inspect donated drugs and verify safety before dispensing, and ensure recall notifications are acted on.
- Drug manufacturers and federal regulators — Drug manufacturers and the U.S. Food and Drug Administration (FDA) must issue recalls, and those receiving donated drugs must comply with recall instructions.
- Prescription drug donors — People who donate unused, unexpired medications (e.g., from households or long-term care facilities) must report recalls and ensure drugs meet donation standards.
Pro/Con Analysis
Stronger case for benefits
Potential Benefits (5)
Expanding eligibility to include opened single-unit-dose packages and relaxing expiration requirements significantly increases the pool of usable donated medications—directly improving access to essential drugs for low-income, uninsured, or underinsured patients who rely on donation programs.
HealthcarePeopleRef: Sec. 1(1)(a)(ii) and (1)(b)Mandating immediate recall notifications and removal from stock across the donation chain (donors, pharmacies, distributors) strengthens drug safety infrastructure, reducing risk of patients receiving recalled or unsafe medications.
Public SafetyPeopleRef: Sec. 1(2)(a)-(c)Prohibiting resale and insurer reimbursement ensures donated drugs remain in the public health safety net—not diverted into commercial channels—preserving program integrity and ensuring benefits flow directly to vulnerable patients.
HealthcarePeopleRef: Sec. 1(3) and (4)Allowing donation of certain high-risk medications—when the recipient is already enrolled—expands access to life-saving specialty drugs (e.g., for HIV, MS, or rare diseases) for patients who otherwise could not afford them, without undermining manufacturer safety protocols.
HealthcarePeopleRef: Sec. 1(5)By enabling donation of more medications—including those from long-term care facilities and households—the program supports medication stability for people experiencing housing instability, who often face frequent disruptions in care and prescription access.
HousingPeopleRef: Sec. 1(1)(a)(i) and (1)(b)
Potential Concerns (5)
Reducing the expiration requirement from six months to only 'not expired at time of donation' may increase risk of dispensing drugs with marginal remaining shelf life, potentially reducing efficacy or increasing adverse events—especially for patients with chronic or serious conditions who rely on stable medication potency.
Public SafetyPeopleRef: Sec. 1(1)(b)Accepting opened single-unit-dose packages—even if packaging remains intact—introduces potential for contamination, mishandling, or mislabeling during storage or transport, since the original sealed integrity is compromised before donation.
Public SafetyPeopleRef: Sec. 1(1)(a)(ii)Prohibiting reimbursement for donated drugs means pharmacies and clinics cannot recoup costs, potentially disincentivizing participation—especially for small or under-resourced pharmacies—limiting program scalability and geographic coverage.
Business & EmploymentRef: Sec. 1(4)Restricting donation of high-risk medications (e.g., specialty drugs requiring manufacturer enrollment) to only those already enrolled may exclude patients who need such drugs but cannot afford enrollment fees or meet enrollment criteria, worsening access inequities.
HealthcareLean peopleRef: Sec. 1(5)Requiring pharmacists to inspect every donated drug before dispensing increases labor burden and liability exposure for pharmacists—especially in understaffed or rural pharmacies—potentially delaying care or deterring participation.
HealthcareLean peopleRef: Sec. 1(1)(c)
Who Is Most Affected
Low-income, uninsured, or underinsured patients are the primary intended beneficiaries: they gain access to needed medications at no cost, especially for chronic or high-cost conditions. However, those needing specialty drugs still face barriers if not already enrolled in manufacturer programs.
Pharmacies gain expanded eligibility for donations but face added operational burdens (inspection, recall compliance) and cannot be reimbursed—potentially straining small or rural pharmacies with limited staffing. Large chains may absorb costs more easily.
Pharmacists gain clearer legal authority and safety protocols but face increased liability and time demands for inspections and recall response—especially in high-volume or understaffed settings.
Manufacturers and FDA benefit from clearer recall coordination and reduced liability exposure, but must manage recall logistics for donated (non-purchased) drugs—potentially increasing administrative burden.
Individual donors (e.g., households, long-term care facilities) gain simplified eligibility rules and clearer recall responsibilities, but may face confusion about what can be donated or recall reporting obligations.