(1) As used in this section, unless the context otherwise requires: (a) "Facility-provided medication" or "medication" means a topical medication that a health facility has on hand or is retrieved from a dispensing system for a specified patient for use during a surgical procedure or a visit to a health facility. (b) "Health facility" means a hospital licensed pursuant to section 25-1.5-103 and an ambulatory surgical center licensed pursuant to article 3 of this title 25. (2) (a) A health facility or hospital pharmacy may offer any unused portion of a facility- provided medication to a patient upon the patient's discharge from the health facility if the medication is required for continued treatment, the medication does not contain a controlled substance, and the medication was administered to the patient during the patient's visit to the health facility. A health facility shall document within the patient's medical record that the patient must continue the medication at home, including the patient's dosage and directions for use. (b) A health facility or hospital pharmacy shall: (I) Label a facility-provided medication with, at a minimum, the facility name, the prescribing health-care provider's name, the patient's name, the drug identification, and the directions for use if the instructions are not provided to the patient at the time of discharge from the facility; or (II) If the facility-provided medication's container includes only the name and strength of the medication, include the facility name, the prescribing health-care provider's name, the patient's name, and the directions for use with education materials provided to the patient at the time of discharge from the facility. (3) If a facility-provided medication is used for a patient in an operating room or emergency department setting or for a visit to a health facility and the facility-provided medication is provided to the patient for continuity of treatment, the health facility or hospital pharmacy, whichever provides the medication, is responsible for counseling the patient on the proper use of the medication, and a pharmacist's requirement to counsel the patient concerning the medication pursuant to section 12-280-138 is waived.
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