(2)__The entity has maintained custody of the prescription drug for an individual and donation of the prescription drug is accompanied by signed consent to the donation from the individual or authorized representative of the individual.

C.__The program may accept unused prescription drugs that are controlled substances as defined by 21 Code of Federal Regulations, Part 1308 and regulations adopted by the federal Department of Justice, Drug Enforcement Administration as allowed by federal law and regulation.

D.__The program may not accept unused prescription drugs that have been opened, tampered with or compromised in any way; that are within 6 months of their expiration date; or that have been held in the custody of the person to whom the prescription drug was originally dispensed.

4.__Dispensing donated prescription drugs.__The program shall dispense donated prescription drugs to qualified persons through pharmacies, hospitals, health clinics and federally qualified health centers, Indian health centers and rural health centers that volunteer to participate in the program.__The program shall pay to the dispensing entity a dispensing fee equal to the dispensing fee provided under the MaineCare program.

5.__Fees.__To support the program the department may charge nominal fees as provided in this subsection.

A.__The department may charge fees to entities making donations of unused prescription drugs under subsection 3.

B.__The department may charge fees to persons to whom prescription drugs are dispensed under the program.__A fee charged under this paragraph may not exceed the copayment charged for a similar prescription drug under the MaineCare program.

6.__Rulemaking.__The department, after collaboration with the Maine Board of Pharmacy and the Maine Drug Enforcement Agency, shall adopt rules to implement the program.__Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.