Requires drug manufacturers to collect unused and expired drugs from hospitals and residential health care facilities for environmentally sound disposal thereof.
TITLE OF BILL: An act to amend the public health law, in relation to establishing the drug manufacturer collection program
PURPOSE OF THE BILL: The bill would require manufacturers of both prescription and over the counter drugs to be responsible for establishing drug take-back programs for these drugs from hospitals and residential health care facilities.
SUMMARY OF PROVISIONS: The bill prohibits the disposal of any drug by hospitals and residential health care facilities as mixed solid waste in a landfill; and only allows drug disposal through a drug collection program established by this bill. The bill would create a drug collection program which would be the responsibility of drug manufacturers who market their drugs in NYS. Each, manufacturer would be responsible for all costs and the security of its drug collection program.
Manufacturers would be authorized to contract with a public or private third party to conduct the drug collection program, but all costs would be borne by the manufacturer. No fees could be charged to hospitals and residential health care facilities for drug collection. Such facilities would be required to dispose of all unused and expired drugs through the drug collection programs. Manufacturers would be required dispose of all collected drugs in an environmental sound manner, pursuant to rules and regulations promulgated by the Department of Health. All manufacturers would be required to report biannually to the DEC on their drug collection programs.
JUSTIFICATION: Health care facilities have been using guidance from the Department of Health that requires disposal of unwanted and expired drugs by flushing them. This process has contributed to contamination of waters of the State, because municipal treatment plants are not capable of removing these chemicals. Many recent studies have demonstrated that drinking water is being contaminated with common medications. The presence of medications creates a serious public health problem, with the exposure of drugs to the general populace, most importantly our infants and young children.
The federal Resource Conservation and Recovery Act (RCRA) exempts household waste (including prescription and OTC drugs) from hazardous waste regulation. Furthermore, EFA has made clear that reverse distributors may not accept already dispensed medication as part of that waste stream. However,individual states may determine that drugs are hazardous wastes and must be managed as such.
The creation of drug collection programs by manufacturers would immediately stop the dangerous practices of drug disposal by hospitals and residential health care facilities by unacceptable
means such as flushing down the drain or the toilet. There have been successful drug collection programs in the State of Washington (2 years), Alberta Province, Canada (10 years), Wisconsin Clean Sweep funds local municipal drug collection programs, the EPA Great Lakes Earth Day Challenge of 2008, Cumberland County, PA, Salt Lake City, UT, Price Chopper 2008 collection program, and other locations across the country.
As important as these events are, they are not a replacement of an on-going, comprehensive collection effort to remove unwanted and expired drugs from hospitals and residential health care facilities. These facilities use significant quantities of drugs, which are not being properly handled when they expire or are no longer useful. It is time to act now to eliminate this significant threat to public health and our environment.
LEGISLATIVE HISTORY: Previously introduced.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: DEC would be responsible to promulgate any necessary rules and relation's, to assure compliance with the requirements of this bill, and to accept the biannual reports from manufacturers.
EFFECTIVE DATE: The act would take effect on the first day of January next succeeding the date on which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 830 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sen. STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to establishing the drug manufacturer collection program THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The public health law is amended by adding a new section 2811-a to read as follows: S 2811-A. DISPOSAL OF DRUGS. NO HOSPITAL OR RESIDENTIAL HEALTH CARE FACILITY SHALL DISPOSE OF ANY DRUG IN ANY OTHER MANNER THAN THAT ESTAB- LISHED BY SECTION THIRTY-THREE HUNDRED SEVENTEEN OF THIS CHAPTER. S 2. The public health law is amended by adding a new section 3317 to read as follows: S 3317. MANUFACTURER DRUG COLLECTION PROGRAM. 1. EVERY MANUFACTURER OF DRUGS SHALL ESTABLISH AND IMPLEMENT A COLLECTION PROGRAM FOR UNUSED AND EXPIRED DRUGS HELD BY HOSPITALS AND RESIDENTIAL HEALTH CARE FACILITIES. EACH MANUFACTURER SHALL BE RESPONSIBLE FOR ALL COSTS AND THE SECURITY OF ITS DRUG COLLECTION PROGRAM. 2. ANY SUCH MANUFACTURER MAY CONTRACT WITH A SUITABLE PUBLIC OR PRIVATE THIRD PARTY FOR THE ESTABLISHMENT AND IMPLEMENTATION OF ITS DRUG COLLECTION PROGRAM PURSUANT TO THIS SECTION. EVERY MANUFACTURER WHICH CONTRACTS WITH A THIRD PARTY PURSUANT TO THIS SUBDIVISION SHALL FULLY REIMBURSE THE THIRD PARTY FOR ALL COSTS OF IMPLEMENTING ITS DRUG COLLECTION PROGRAM. 3. EVERY HOSPITAL AND RESIDENTIAL HEALTH CARE FACILITY SHALL RETURN ALL ITS UNUSED AND EXPIRED DRUGS TO THE APPROPRIATE MANUFACTURER'S DRUG COLLECTION PROGRAM. 4. EVERY MANUFACTURER SHALL DISPOSE OF ALL DRUGS COLLECTED PURSUANT TO THIS SECTION IN AN ENVIRONMENTALLY SOUND MANNER AS PROVIDED IN RULES AND REGULATIONS PROMULGATED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00770-01-1 S. 830 2
5. EVERY MANUFACTURER, SHALL ON A BIANNUAL BASIS, SUBMIT A WRITTEN REPORT TO THE DEPARTMENT ON ITS DRUG COLLECTION PROGRAM, INCLUDING THE TYPES AND AMOUNTS OF DRUGS COLLECTED. S 3. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law.