Bill Text: PA HB2277 | 2009-2010 | Regular Session | Introduced

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Bill Title: Establishing a repository program for unused prescription drugs and drug material; and imposing powers and duties on the Department of Environmental Protection.

Spectrum: Moderate Partisan Bill (Democrat 16-3)

Status: (Introduced - Dead) 2010-04-19 - Referred to ENVIRONMENTAL RESOURCES AND ENERGY [HB2277 Detail]

Download: Pennsylvania-2009-HB2277-Introduced.html

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PRINTER'S NO. 3545
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2277 Session of2010
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
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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.
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(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.
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(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.
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