SB 231 — Establishes provisions relating to the collection and destruction of unused drugs. (BDR 54-564)

EXEMPTSenate (ReprintedBill withNo. amendments adopted on May 22, 2025) FIRST REPRINT S.B.

231231–Senators SENATEStone, BILLSteinbeck, NOKrasner, .Buck;

231–SENATORSEllison, STONENguyen ,and STEINBECKScheible ,CHAPTER.......... K RASNER , BUCK ;

LLISON , NGUYEN AND S CHEIBLE FEBRUARY 24, 2025 ____________ Referred to Committee on Commerce and Labor SUMMARY—Establishes provisions relating to the collection and destruction of unused drugs.

(BDR 54-564) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

Contains Appropriation not included in Executive Budget.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existing federal regulations authorize pharmacies, hospitals and other entities authorized to handle controlled substances to register with the Drug Enforcement Administration of the United States Department of Justice to obtain authorization to be a collector of controlled substances.

Existing federal regulations authorize such collectorssubstances; to:

(1) conduct mail-back programs for the return of controlled substances;

§§ 1317.40, 1317.70, 1317.75) Existing federal regulations also prescribe standards governing the disposal of controlled substances by entities Existing regulations of the State Board of Pharmacy require an entity that is17) authorized pursuant to federalhandle law and conductsdispose suchof acontrolled mail-backsubstances. program or maintains such collection receptacles to provide to the Board:

(21 C.F.R.

Part 1317) Existing regulations of the State Board of Pharmacy require an entity that is authorized pursuant to federal law and conducts such a mail-back program or maintains such collection receptacles to provide to the Board:

and (2) copies of a certain federal form which is requiredExisting toregulations documentof the Board also prescribe standards for the destruction of controlled substances.substances, which mirror the relevant federal regulations.

(NAC 639.050) Existing regulations of the Board also prescribe standards for the destruction of - *SB231_R1* – 2 – controlledsubstances,which mirror the relevant federalregulations.

tampering(2) ornotify theftat orleast significantone losslocal oflaw controlledenforcement substancesagency fromof aany securesuspected drugor known take-back bin that occurs while the bin is under the control of the collector;

Section 1 also prohibits such a collector from receiving any compensation from a customer to maintain the secure requirements is not subject to discipline by the Board for any injury or harm thatch directly 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;

andSection (2)1: 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.

General(1) toprovides depositthat ina thecollector Fundthat moneycomplies receivedwith bysuch thisrequirements Stateis pursuantnot subject to anytorneydiscipline judgmentby receivedthe Board for any injury or settlementharm enteredthat intodirectly byresults from the Statecollector ofmaintaining Nevadaa assecure adrug resulttake-back ofbin, certainunless litigation- concerning83rd Session (2025) – 2 – the manufacture,injury distribution,or saleharm directly resulted from the gross negligence or marketingwillful and wanton misconduct of opioids.the collector;

and (2) relieves such a collector from compliance with governmental entity that would affect the collection and destruction of the contents of a secure drug take-back bin.

Existing law creates the Fund for a Resilient Nevada and requires the Attorney General to deposit in the Fund money received by this State pursuant to any judgment received or settlement entered into by the State of Nevada as a result of opioids.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

- *SB231_R1* – 3 – (c) Ensure that conspicuous signage is posted on the secure drug take-back bin that clearly notifies customers as to the substances that are and are not acceptable for deposit into the bin;

- 83rd Session (2025) – 3 – (2) Include the date and time of each inspection;

(g) Retain each record maintained pursuant to paragraph (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;

or (b) Restriction established by the governing body of a county, city or other local governmental entity that would affect the collection, transportation, treatment or destruction of the contents of a4.secNothing securein drugthis take-backsection binshall pursuantbe construed to thisrequire section.any entity that:

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

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

- *SB231_R1* – 4 – (a) May qualify as a collector to acquire, maintain or make available to the public a secure drug take-back bin on its premises;

- 83rd Session (2025) – 4 – (1) Authorized by and registered with the Drug Enforcement Administration to receive a controlled substance for the purpose of destruction;

(b) “Home-generated pharmaceutical waste” means a pharmaceutical that is no longer wanted or needed by thethemeans a consumer, including, without limitation, in the form of pills, liquids, inhalers, topical creams, suppositories or patches.

Notwithstanding any other provision of law to the contrary, the Director of the Department of Health and Human Services shall allocate $500,000 of the money in the Fund for a Resilient Nevada created by NRS 433.732 to the State Board of Pharmacy to assist collectors with the destruction of home- generated pharmaceutical waste deposited in a secure drug take- back bin.

- *SB231_R1* – 5 – (b) “Home-generated pharmaceutical waste” has the meaning ascribed to it in section 1 of this act.

and - 83rd Session (2025) – 5 – (b) On July 1, 2025, for all other purposes.

H~~~~~ 25 - *SB231_R1*83rd Session (2025)