| S.B. No. 2173 | ||
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| relating to a pilot program for the safe disposal of prescription | ||
| drugs, including controlled substance prescription drugs. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle A, Title 6, Health and Safety Code, is | ||
| amended by adding Chapter 442A to read as follows: | ||
| CHAPTER 442A. PRESCRIPTION DRUG SAFE DISPOSAL PILOT PROGRAM | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 442A.001. DEFINITIONS. In this chapter: | ||
| (1) "Board" means the Texas State Board of Pharmacy. | ||
| (2) "Controlled substance" has the meaning assigned by | ||
| Section 481.002. | ||
| (3) "Pharmacy" means a facility licensed under Chapter | ||
| 560, Occupations Code. | ||
| (4) "Pilot program" means the prescription drug safe | ||
| disposal pilot program established under this chapter. | ||
| (5) "Prescription drug" has the meaning assigned by | ||
| Section 551.003, Occupations Code. | ||
| (6) "Ultimate user" has the meaning assigned by 21 | ||
| U.S.C. Section 802. | ||
| Sec. 442A.002. PRESCRIPTION DRUG SAFE DISPOSAL PILOT | ||
| PROGRAM. The board by rule shall develop and implement a | ||
| prescription drug safe disposal pilot program to increase the | ||
| number of locations in this state where unused, unwanted, or | ||
| expired prescription drugs are collected from the public for safe | ||
| disposal. | ||
| SUBCHAPTER B. PHARMACY PARTICIPATION | ||
| Sec. 442A.051. PHARMACY ELIGIBILITY. A pharmacy operating | ||
| in this state may apply to the board to participate in the pilot | ||
| program if the pharmacy: | ||
| (1) is registered as an authorized drug collection | ||
| site with the United States Drug Enforcement Administration; | ||
| (2) is not the subject of state or federal opioid | ||
| litigation; and | ||
| (3) meets the eligibility requirements established by | ||
| 21 C.F.R. Section 1317.40 and board rules. | ||
| Sec. 442A.052. APPLICATION AND SELECTION PROCESSES. (a) | ||
| The board shall adopt rules prescribing: | ||
| (1) the form and manner for a pharmacy to apply for | ||
| participation in the pilot program; and | ||
| (2) evaluation and selection criteria and processes. | ||
| (b) The board shall give priority to a pharmacy applicant | ||
| that: | ||
| (1) does not collect unused ultimate user prescription | ||
| drugs under 21 C.F.R. Part 1317 at the time the applicant submits | ||
| the application; or | ||
| (2) is located in a rural or underserved area the board | ||
| designates. | ||
| (c) A pharmacy that operates multiple locations must submit | ||
| an application for each location. | ||
| Sec. 442A.053. COLLECTION RECEPTACLE REQUIREMENTS. (a) A | ||
| participating pharmacy that provides a collection receptacle for | ||
| the safe disposal of prescription drugs shall ensure the | ||
| receptacle: | ||
| (1) meets the requirements of 21 C.F.R. Section | ||
| 1317.75; | ||
| (2) is accessible during the pharmacy's regular hours | ||
| of operation; | ||
| (3) allows for the anonymous deposit of unused | ||
| controlled substance prescription drugs listed in Schedules II, | ||
| III, IV, and V; and | ||
| (4) provides disposal of unused prescription drugs at | ||
| no cost to the ultimate user. | ||
| (b) Controlled substance prescription drugs and | ||
| noncontrolled substance prescription drugs may be collected | ||
| together and comingled. | ||
| Sec. 442A.054. MAIL-BACK PROGRAM REQUIREMENTS. (a) A | ||
| participating pharmacy that provides a collection receptacle for | ||
| the safe disposal of prescription drugs may, under limited | ||
| circumstances as the pharmacy determines necessary, provide at the | ||
| time the pharmacy dispenses a controlled substance prescription | ||
| dStatutes affected: Introduced: () Senate Committee Report: () Engrossed: () House Committee Report: () Enrolled: () | ||