Requires drug manufacturers to collect unused and expired drugs from hospitals and residential health care facilities for safe disposal

BILL NUMBER:S7998

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, EPA 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 on-going, comprehensive collection effort to remove unwanted 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

New bill.

Fiscal implications for state and local governments

DEC would be responsible to promulgate any necessary rules and relations to assure compliance with the requirements of this bill, and to accept the biannual reports from manufacturers.

Effective date

This act shall take effect on the first of January next succeeding the date on which it shall have become a law.