Legal & Legislative Updates
Prescription Drug Disposal Gets Easier
(Winter 2014) Currently in the U.S., nearly double the number of people abuse prescription drugs compared to the number of people using cocaine, hallucinogens, heroin and inhalants combined. And half of all drug overdoses that lead to death are prescription opioid or heroin-related. Reports also show that home medicine cabinets are the number one means of supplying first-time users with prescription drugs – bringing to light the need for ridding homes of unused or unwanted prescription drugs.
Fortunately, proper drug disposal just got a whole lot easier. The Controlled Substances Act previously required patients to dispose of prescription drugs either on their own or through organized drug take-back days. This method appeared to work well with the Drug Enforcement Administration (DEA) collecting 4.1 million pounds of unwanted, expired and unused prescription drugs over the past four years. However, during that same time, 3.9 billion prescriptions were filled – meaning there are more drugs that will likely need to be collected.
The DEA recently announced new regulations for the disposal of controlled substances:
- Pharmacies now have the ability to become authorized collectors, allowing people to drop off unused or unwanted prescription medicines there.
- Authorized long-term care facilities with on-site pharmacies are now permitted to operate collection receptacles.
- People have the option to mail their unused prescriptions to authorized collectors.
- With so much emphasis on the abuse of opioids, it is important to note that the new rules allow people to drop off or mail-in all unused prescription drugs including stimulants and depressants.
- Any location accepting drugs is required to also destroy the drugs, but the new regulations do not specify how this is to be done.
Expanded drug disposal, however, comes with a price and the question being discussed is, who will pay for this? In one California county, it will come from the pockets of the drug manufacturers, following a federal appeals court ruling. This measure is the first in the nation to require drugmakers to set-up and fund a drug take-back program. Alameda County officials say the program will cost about $330,000 annually, while the Pharmaceutical Research and Manufacturers of America says it will cost drug makers about $1.2 million. The court noted that drug companies generate $950 million in sales each year, and can easily fund this program. Meanwhile, the pharmaceutical industry filed a lawsuit claiming the measure violates the Constitution by interfering with interstate commerce.
On the heels of the federal appeals court ruling in Alameda County, officials in San Francisco introduced a bill that would also require drug manufacturers to organize and fund a local prescription drug take-back program. San Francisco currently has a take-back pilot program in which the pharmaceutical industry covers 40% of the cost. This new measure would increase the number of drug drop-off sites from 13 to possibly 60. Once again, the pharmaceutical industry filed a lawsuit claiming the measure violates the Constitution. They say safe disposal should be a shared responsibility and that requiring such funds from drug companies will only increase prices for consumers.
See more Legal & Legislative Updates articles.
DISCLAIMER: This publication is designed to provide accurate information regarding the subject matter covered. It is provided with the understanding that those involved in the publication are not engaged in rendering legal counsel. If legal advice is required, the services of a competent professional should be sought.