Immunity for Donating Expired Drugs to Charitable Clinics

Year: 2011

Resolution Number: 92

Action Taken: Disapproved

Status:

Author(s): Clyde R. Flory, MD

Sponsor: Gail A. Cookingham, MD

On behalf of: Michigan Allergy & Asthma Society

Committee: Rules and Order of Business

Resolved Section(s):
RESOLVED: That the Michigan Delegation to the AMA ask the AMA to seek federal legislation similar to Good Samaritan laws to provide liability immunity for physicians who donate expired medications to charitable clinics or who provide expired medications at charitable clinics and to work with the U.S. Congress and others to lift the U.S. Food and Drug Administration regulation that bans the dispensing of expired medications at charitable clinics. RATIONALE: The Committee heard testimony from a physician who participates in medical missions who has had all expired drugs removed from his supplies before he can do any work in a country. The Committee agreed that legal and regulatory issues currently banning the use of expired drugs at charitable clinics would be insurmountable. The Committee agreed that the FDA should be encouraged to look into the issue of drug expiration dates.

Fiscal Note: NULL