THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY McGEEHAN, M. O'BRIEN, McILVAINE SMITH, BRIGGS, BROWN, CARROLL, FABRIZIO, GERGELY, JOSEPHS, KULA, MOUL, PARKER, SABATINA, SIPTROTH, K. SMITH, SONNEY, STABACK AND THOMAS, APRIL 19, 2010

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, APRIL 19, 2010  

AN ACT

Establishing a repository program for unused prescription drugs

and drug material; and imposing powers and duties on the

Department of Environmental Protection. 

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Prescription

Drug Repository Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Consumer."  An individual who purchases or owns a

pharmaceutical drug or a medical sharp.

"Consumer mailing envelope."  An envelope that meets the

requirements of the United States Postal Service.

"Department."  The Department of Environmental Protection of

the Commonwealth.

"Fund."  The Prescription Drug Repository Program Fund.

"Health care facility."  A facility as defined in section 103

of the act of July 19, 1979 (P.L.130, No.48), known as the

Health Care Facilities Act.

"Health care facility and health care provider mailing

envelope."  An envelope that meets the requirements of the

United States Postal Service.

"Health care provider."  A provider as defined in section 103

of the act of March 20, 2002 (P.L.154, No.13), known as the

Medical Care Availability and Reduction of Error (Mcare) Act.

"Medical sharp."  A needle, syringe, lancet or other sharp

object which is used at a health care facility or used by a

consumer in accordance with a prescription by a health care

provider.

"Pharmaceutical drug."  A prescription or over-the-counter

drug. The term shall include a drug as defined in section 2 of

the act of April 14, 1972 (P.L.233, No.64), known as the

Controlled Substance, Drug, Device and Cosmetic Act, or section

201(g)(1) of the Federal Food, Drug, Device and Cosmetic Act (52

Stat. 1040, 21 U.S.C. 321(g)(1)).

"Pharmacy."  A person with a permit under section 4 of the

act of September 27, 1961 (P.L.1700, No.699), known as the

Pharmacy Act.

"Program."  The Prescription Drug Repository Program.

"Repository."  A site operated by the Department of

Environmental Protection to collect and dispose of medical

sharps and pharmaceutical drugs.

Section 3.  Establishment.

(a)  Establishment.--The Prescription Drug Repository Program

is established within the department.

(b)  Purpose.--The purpose of the program shall be to collect

and dispose unused pharmaceuticals and medical sharps from the

public, health care facilities and health care providers.

(c)  Participation.--A health care facility, health care

provider or consumer in the Commonwealth may participate in the

program. A participant may transmit a medical sharp or

pharmaceutical drug in a mailing envelope to the repository.

(d)  Transmission.--This section shall not authorize the

transmission of a medical sharp or a pharmaceutical drug in a

manner other than as set forth under this act.

Section 4.  Duties of the department. 

(a)  Handling.--The department shall ensure that only staff

provided by the department handle the unused pharmaceuticals or

medical sharps received under this act.

(b)  Disposal.--Unused pharmaceuticals or medical sharps

received by the department must be disposed by the department in

a manner that is designed to be effective, secure and in

compliance with Federal, State and local environmental

requirements.

(c)  Outreach programs.--The department shall develop a

consumer educational outreach program to disseminate information

on the proper disposal methods of unused pharmaceuticals under

this act. The outreach program shall be coordinated with, but

not limited to, the Office of Attorney General, the Department

of Health, the Department of Education, local health departments

and post offices in this Commonwealth.

(d)  Regulations.--The department shall adopt regulations to

carry out the purposes of this act.

Section 5.  Consumer mailing envelope.

(a)  Provision.--Consumer mailing envelopes shall be

developed by the department for the return of unused

pharmaceuticals or medical sharps. The department shall provide

consumer mailing envelopes at no cost to the following locations

for the purpose of returning unused pharmaceuticals or medical

sharps:

(1)  Pharmacies.

(2)  Health care providers' offices.

(3)  Post offices.

(b)  Postage.--Postage for consumer mailing envelopes shall

be paid by the department.

Section 6.  Health care facility and health care provider

mailing envelope.

(a)  Provision.--Health care facility and health care

provider mailing envelopes shall be developed by the department

and made available, at cost, to a health care facility or health

care provider located in this Commonwealth for the return of

unused pharmaceuticals or medical sharps.

(b)  Postage.--Postage for health care facility and health

care provider mailing envelopes shall be paid by the health care

facility or provider.

Section 7.  Annual report.

(a)  Submittal.--By January 1 of each year, the department

shall submit an annual report to the Public Health and Welfare

Committee of the Senate and the Health and Human Services

Committee of the House of Representatives.

(b)  Contents.--The annual report shall state the amounts of

home-generated pharmaceutical waste collected for purposes of

program evaluation for safety, efficiency, effectiveness and

funding sustainability.

(c)  Transmittal.--The report shall be transmitted to the

Legislative Reference Bureau for publication in the Pennsylvania

Bulletin.

Section 8.  Prescription Drug Repository Program Fund.

(a)  Establishment.--The Prescription Drug Repository Program

Fund is established as a restricted receipts fund to be

administered by the department to fund the program and carry out

the purposes of this act.

(b)  Nonlapse.--Any balance in the fund shall not lapse and

shall be carried forward to be expended for the same purposes in

succeeding fiscal years.

(c)  Sources.--The department may accept money as sources for

the fund from any non-General Fund, nonpublic fund source and

legislative appropriation, including grants or contributions of

money or other things of value.

Section 20.  Effective date.

This act shall take effect in 90 days.