Sec. 1. 22 MRSA §261 is enacted to read:

§261.__Unused prescription drug program

There is established within the department an unused prescription drug program, referred to in this section as "the program," to make prescription drugs available to low-income persons.

1.__Collaboration.__The department shall work collaboratively with pharmacies,__hospitals, health clinics and federally qualified health centers, Indian health centers and rural health centers to make prescription drugs available to qualified persons through the program.

2.__Qualified persons.__An individual is a qualified person for the purposes of the program if that individual:

A.__ Has a family income below 350% of the federal nonfarm income official poverty level, as defined by the federal Office of Management and Budget and revised annually in accordance with the United States Consolidated Omnibus Budget Reconciliation Act of 1981, Section 673, Subsection 2;

B.__Is a legal resident of the State;

C.__Has a valid prescription for the drug to be dispensed through the program; and

D.__Is not receiving MaineCare prescription drug benefits.

3.__Accepting unused prescription drugs.__The program may accept unused prescription drugs from drug manufacturers, drug wholesale or terminal distributors, hospitals, health clinics, federally qualified health centers, Indian health centers and rural health centers and assisted living facilities licensed by the department as provided in this subsection.

A.__The program may accept unused prescription drugs that are packaged in tamper-evident unit dose packages or that are unopened injectable, aerosol or topical medications.

B.__The program may accept unused prescription drugs from an entity donating under this subsection if:

(1) The entity is the owner of the prescription drug; or