(1) Each manufacturer whose products are distributed within the State of Mississippi shall make adequate provision for the return of outdated drugs from pharmacies, both full and partial containers, excluding biological, infused or intravenously injected drugs and drugs that are inhaled during surgery, within six (6) months after the labeled expiration date, for prompt full credit or refund.
(2) Any entity assisting with the return of outdated drugs to a manufacturer on behalf of a pharmacy shall register with the board and have a permit under Section 73-21-105 and shall implement and shall administer the return policies established by the manufacturer.
(3) If the board receives information that a manufacturer has failed to comply with this section, the board shall investigate the matter and present any evidence of the manufacturer’s failure to comply to the Investigations Review Committee and follow the procedures outlined in Section 73-21-99. The board may discipline the manufacturer by providing that the manufacturer’s products shall be ineligible for use in product selection in any state drug assistance programs, in addition to any other penalties authorized under this chapter.
(4) A pharmacist may not dispense a prescription drug or controlled drug unless the pharmacist has satisfactory evidence that the manufacturer of the drug has a procedure for the return of expired drugs.
(5) As used in this section, the term “biological drug” or “biological product” means a virus, therapeutic serum, toxin, antitoxin, vaccine, blood, blood component or derivative, allergenic product or analogous product, or arsphenamine or derivative of arsphenamine or any other trivalent organic arsenic compound, applicable to the prevention, treatment or cure of a disease or condition of human beings.