SB 183 — Establishes provisions relating to the collection and destruction of unused drugs. (BDR 54-576)

(Reprinted with amendments adopted on April 24, 2023) FIRST REPRINT S.B.

HARRIS, KRASNER , LANGE , N GUYEN , SCHEIBLEO ANDHRENSCHALL , P AZINA , S CHEIBLE , SEEVERS GANSERTG ANSERT AND SPEARMAN FEBRUARY 21, 2023 ____________ JOINT SPONSORS :

indemnifyingproviding that entities that maintain a secure drug take-back bin in accordance with such requirements fromare liabilitynot andsubject professionalto certain discipline for certain injuries and harms;

(1) written notification of the registration of the entity with the Drug Enforcement - *SB183_R1* – 2 – Administration to be a collector;

and (2) copies of a certain federal form which is - *SB183* – 2 – required to document the destruction of controlled substances.

(2) communicatenotify withat least one local law enforcement agenciesagency andof healthany authoritiessuspected asor toknown thetampering existenceor andtheft statusor ofsignificant useloss of thecontrolled substances from a secure drug take-back bin,bin includingthat notifyingoccurs lawwhile enforcementthe ofbin anyis (3)under post signage notifying customers of certain requirements relating to the usecontrol of the securecollector; drug take-back bin;

(4)(3) regularlypost monitorsignage andnotifying inspectsecure thedrug bintake-back andbin; surrounding area, including by limiting customer access to the bin to certain hours when the bin is being actively monitored;

(4) regularly monitor and inspect the bin andinto the surrounding area, including by limiting customer access to the bin to certain hours when the bin is being actively monitored;

This bill also prohibits such a collector from receiving any compensation from a customer to maintain the secure requirements from civil or criminal liability and professional discipline for any injury or harm that results from the collector maintaining a secure drug take-back bin,bin. unless the injury or harm directly resulted from the gross negligence or willful and wanton misconduct of the collector.

This bill:

(1) provides that a collector who complies with such requirements is not subject to discipline by the Board for any injury or harm that the injury or harm directly resulted from the gross negligence or willful and wanton misconduct of the collector;

and (2) relieves such a collector from compliance with any restriction established by the governing body of a county, city or other local governmental entity that would affect the collection and destruction of the contents of a secure drug take-back bin.

(b) NotifyEnsure that the secure drug take-back bin is placed in a locallocation lawthat enforcementis agencyregularly andmonitored theby healthemployees authorityof of:the collector;

(1)(c) TheEnsure existencethat andconspicuous locationsignage ofis anyposted on the secure drug take-back bin onthat clearly notifies customers as to the premisessubstances ofthat are and are not acceptable for deposit into the collector;bin;

and(d) (2)Ensure Thethat statuspublic ofaccess to the registrationsecure drug take-back bin is limited to hours during which employees of the collector asare apresent collectorand withable to monitor the Drugoperation Enforcementof Administration;the secure drug take- back bin;

(c)- Ensure*SB183_R1* that– 3 – (e) Regularly inspect the secure drug take-back bin isand placedthe inarea asurrounding locationthe thatsecure isdrug regularlytake-back monitoredbin byfor employeespotential oftampering theor collector;diversion;

(d)(f) EnsureMaintain thata conspicuousrecord signageof isinspections postedconducted onpursuant theto secureparagraph drug(e) take-back bin that clearlymust: notifies customers as to:

(1) The substances that are and are not acceptable for deposit into the bin;

and - *SB183* – 3 – (2) The hours during which deposit into the bin is permitted;

(e) Ensure that public access to the secure drug take-back bin is limited to hours during which employees of the collector are present and able to monitor the operation of the secure drug take- back bin;

(f) Regularly inspect the secure drug take-back bin and the area surrounding the secure drug take-back bin for potential tampering or diversion;

(g) Maintain a record of inspections conducted pursuant to paragraph (f) that must:

(h)(g) Retain each record maintained pursuant to paragraph (g)(f) and any other record relating to the secure drug take-back bin required by state or federal laws or regulations for at least 2 years after the date of the event to which the record pertains;

(i)and (h) Notify at least one local law enforcement agency of any suspected or known tampering or theft or significant loss of controlled substances that occurs while the secure drug take-back bin is under the control of the collector not later than 1 business day after the date on which the tampering, theft or significant loss is suspected or discovered;discovered.

and (j) If the collector discontinues its maintenance of a secure drug take-back bin on the premises of the collector, provide to at least one local law enforcement agency and the health authority:

(1) Notification that the collector has discontinued such maintenance;

and (2) Proof that the collector has provided any notification to the Drug Enforcement Administration that is required by federal law.

Any collector that maintains a secure drug take-back bin and complies with the provisions of subsections 1 and 2 is not subject to anyany: civil or criminal liability or disciplinary action by a professional licensing board for any injury or harm that results from the collector maintaining a secure drug take-back bin on its premises, unless the injury or harm directly results from the gross negligence or willful and wanton misconduct of the collector.

-(a) *SB183*Disciplinary –action 4by –the 4.Board for any injury or harm that directly results from the collector maintaining a secure drug take-back bin on its premises, unless the injury or harm directly results from the gross negligence or willful and wanton misconduct of the collector;

Nothingor in(b) thisRestriction sectionestablished shallby bethe construedgoverning tobody requireof anya entitycounty, thatcity mayor qualifyother aslocal agovernmental collectorentity tothat acquire,would maintainaffect orthe makecollection, availabletransportation, totreatment or destruction of the publiccontents of a secure drug take-back bin onpursuant itsto premises.this section.

4.

Nothing in this section shall be construed to require any entity that:

(a) May qualify as a collector to acquire, maintain or make available to the public a secure drug take-back bin on its premises;

or (b) Has entered into an agreement to collect and dispose of solid waste as part of a solid waste management system to collect and dispose of the contents of secure drug take-back bins, unless - *SB183_R1* – 4 – the agreement or plan expressly provides for such collection and disposal.

and (2) In good standing with anythe applicableBoard. licensing authority.

(b) “Health“Home-generated authority”pharmaceutical waste” means the district health department or, in a locationpharmaceutical that is notno partlonger ofwanted aor healthneeded district,by the Divisionconsumer, ofincluding, Publicwithout andlimitation, Behavioralin Healththe form of thepills, Departmentliquids, ofinhalers, Healthtopical andcreams, Humansuppositories Services.or patches.

(c) “Home-generated“Local pharmaceuticallaw waste”enforcement meansagency” ameans: pharmaceutical that is no longer wanted or needed by the consumer, including, without limitation, in the form of pills, liquids, inhalers, topical creams, suppositories or patches.

(d) “Local law enforcement agency” means:

(e)(d) “Maintain” means to own, lease, operate or otherwise host a secure drug take-back bin.

(f)(e) “Pharmaceutical” means a drug intended for human or veterinary use, regardless of whether the drug is sold with or without a prescription.