Drug Disposal: A Legislative Update

Numerous bills relating directly to drug disposal have been introduced in Congress and state houses across the country.



State Legislation Introduced in 2009

Maine, Minnesota, Oregon, and Florida have legislation pending that would require drug manufacturers to operate and pay for statewide systems to collect, transport, and dispose of leftover pharmaceuticals from the public and certain facilities. A similar bill in Washington was not voted on in time to advance during this legislative session. Links to, and the status of, these states’ bill are below:

• FLORIDA: An Act Relating to the Pharmaceutical Take-back Program Pilot Project was sent to the House Committee on Health Care Regulation Policy in early March 2009. On the Senate side, An Act Relating to Pharmaceutical Take-back Programs was introduced in March 2009.
• MAINE: An Act to Support Collection and Proper Disposal of Unwanted Drugs was printed in March 2009 but has not yet been scheduled for hearing before the Maine Committee on Health and Human Services.
• MINNESOTA: The Safe Drug Disposal Act was referred to the House Committee on Environmental Policy and Oversight in early March 2009.
• OREGON: The Oregon Drug Take Back Bill, relating to pharmaceutical take-back, appropriating funds, and declaring an emergency was introduced to the Senate Human Services Committee in February 2009.
• WASHINGTON: The Secure Medicine Return Act passed out of the policy, fiscal and Rules committees in the House, and was on the short list to be voted on the Floor. Unfortunately, the clock ran out before a vote could be taken. So it is done for this legislative session.

In California, SB 26 would require the state’s Board of Pharmacy to work with other state agencies, local governments, drug manufacturers, and pharmacies to develop sustainable, efficient policies and programs to manage pharmaceutical wastes and the disposal of devices. The bill would authorize a pharmacy to accept the return of home-generated pharmaceutical waste and home-generated sharps waste. This bill was sent to the Senate Committee on Business, Professions and Economic Development in early February 2009.

Federal Legislation Introduced in 2009

At the federal level, two bills have been introduced in the House of Representatives to amend the Controlled Substances Act. Both bills have been referred to the House Committee on Energy and Commerce and the House Committee on the Judiciary. HR 1191, the Safe Drug Disposal Act of 2009 introduced by Congressman Inslee (D-WA) with Congressman Moran (D-VA), would provide for disposal of controlled substances by ultimate users and care takers through state take-back disposal programs. It would also amend the Federal Food, Drug, and Cosmetic Act to prohibit recommendations on drug labels for disposal by flushing, and for other purposes. The Secure and Responsible Drug Disposal Act of 2009, HR 1359, was introduced by Congressman Stupak (D-MI) with Congressman Smith (R-TX) to provide for the disposal of controlled substances in specific instances.

The Water Quality Investment Act, HR 1262, passed the House of Representatives and was referred to the Senate Committee on Environment and Public Works on March 16, 2009. This bill includes provisions requiring federal agencies to study the presence of pharmaceuticals and personal care products in the waters of the United States (Section 6001), and for the EPA to convene a task force to develop drug disposal recommendations for consumers and healthcare institutions (Section 7001).