H. R. 5809
IN THE HOUSE OF REPRESENTATIVES
July 21, 2010
Mr. Inslee (for himself, Mr. Smith of Texas, Mr. Stupak, and Mr. Moran of Virginia) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
To amend the Controlled Substances Act to provide for take-back disposal of controlled substances in certain instances, and for other purposes.
This Act may be cited as the
Safe Drug Disposal Act of
Delivery of controlled substances by ultimate users for disposal
Section 302 of the Controlled Substances Act (21 U.S.C. 822) is amended by adding at the end the following:
An ultimate user who has lawfully obtained a controlled substance in accordance with this title may, without being registered, deliver the controlled substance to another person for the purpose of disposal of the controlled substance if—
the person receiving the controlled substance is authorized under this title to receive and dispose of the controlled substance; and
the delivery and disposal takes place in accordance with regulations issued by the Attorney General to prevent diversion of controlled substances.
The Attorney General shall, by regulation, authorize long-term care facilities, as defined by the Attorney General by regulation, to deliver for disposal controlled substances on behalf of ultimate users in a manner that the Attorney General determines will provide effective controls against diversion and be consistent with the public health and safety.
If a person dies while lawfully in possession of a controlled substance for personal use, any person lawfully entitled to dispose of the decedent’s property may deliver the controlled substance to another person for the purpose of disposal under the same conditions as provided in paragraph (1) for an ultimate user.
Section 308(b) of the Controlled Substances Act (21 U.S.C. 828(b)) is amended—
by striking the
period at the end of paragraph (2) and inserting
by adding at the end the following:
the delivery of such a substance for the purpose of disposal by an ultimate user, long-term care facility, or other person acting in accordance with section 302(g).
Public education campaign
The Director of National Drug Control Policy, in consultation with the Administrator of the Environmental Protection Agency, shall carry out a public education and outreach campaign to increase awareness of how ultimate users may lawfully and safely dispose of prescription drugs, including controlled substances, through drug take-back programs and other appropriate means.
The Comptroller General of the United States shall—
collect data on the delivery, transfer, and disposal of controlled substances under section 302(g) of the Controlled Substances Act, as added by section 2; and
not less than 4 years after the date of the enactment of this Act, submit findings and recommendations to the Congress regarding use, effectiveness, and accessibility of disposal programs.
EPA study of environmental impacts
The Administrator of the Environmental Protection Agency (in this section referred to as the Administrator) shall—
in consultation with relevant state and local officials and other sources of relevant technical expertise, conduct a study to—
examine the environmental impacts resulting from the ultimate disposal of controlled substances in existing disposal systems;
taking into consideration such impacts, the ease and cost of implementation of drug take-back programs, and participation in such programs by various communities, formulate appropriate recommendations on the destruction or ultimate disposal of prescription drugs, including controlled substances; and
identify any additional legal authority needed by the Administrator to carry out such recommendations; and
not later than 18 months after the date of the enactment of this Act, submit a report to the Congress on the results of such study.
Rule of construction
Nothing in this section shall be construed to affect the Administrator’s authority under other provisions of law.