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 collectors to: (1) conduct mail-back programs for the return of controlled substances; and (2) maintain collection receptacles for disposal of the controlled substances. (21 C.F.R. §§ 1317.40, 1317.70, 1317.75) Existing federal regulations also prescribe standards governing the disposal of controlled substances by entities authorized to handle and dispose of controlled substances. (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: (1) written notification of the registration of the entity with the Drug Enforcement Administration to be a collector; and (2) copies of a certain federal form which is required to document the destruction of controlled substances. (NAC 639.050) Existing regulations of the Board also prescribe standards for the destruction of controlled substances, which mirror the relevant federal regulations. (NAC 639.498)
This bill prescribes requirements for the installation and maintenance of secure drug take-back bins by a collector that is registered with the Drug Enforcement Administration for the on-site collection and destruction of home-generated pharmaceutical waste. Specifically, this bill requires such a collector to: (1) comply with all applicable state and federal laws and regulations; (2) notify at least one local law enforcement agency of any suspected or known tampering or theft or significant loss of controlled substances from a secure drug take-back bin that occurs while the bin is under the control of the collector; (3) post signage notifying customers of the substances that are and are not acceptable for deposit into the secure drug take-back bin; (4) regularly monitor and inspect the bin and surrounding area, including by limiting customer access to the bin to certain hours when the bin is being actively monitored; and (5) maintain records of such inspections and other records required by law. This bill also prohibits such a collector from receiving any compensation from a customer to maintain the secure drug take-back bin. 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 directly results from the collector maintaining a secure drug take-back bin, unless 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.