[Pharmwaste] The DEA...

Mansfield, Jim Jim.Mansfield@clark.wa.gov
Mon, 16 May 2005 08:06:56 -0700


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To all,
=20
DEA allows law enforcement agencies to collect controlled substances, we
have been collecting controlled substances through our sheriff's office
for over a year and we have been collecting other unwanted meds through
our hhw programs and through participating pharmacies for over a year. =20
=20
-----Original Message-----
From: pharmwaste-admin@lists.dep.state.fl.us
[mailto:pharmwaste-admin@lists.dep.state.fl.us] On Behalf Of Kelly Moran
Sent: Friday, May 13, 2005 2:44 PM
To: pharmwaste@lists.dep.state.fl.us
Cc: Scott Cassel
Subject: [Pharmwaste] The DEA...



	Here's a second for Dave's request--are there others who are
interested in cooperating on an approach to DEA? =20
=09
	The DEA position has been a significant barrier to operation of
all forms of take-back programs.  If we were able to work with the right
people, perhaps an acceptable compromise could be approved to simplify
pharmacy take back and other collection programs.
=09
	For your information, I have attached two items:
	(1) DEA web site FAQ on pharmacy take-back of controlled
substances.
	(2) DEA HQ letter to the City of Palo Alto about collecting
controlled substances in any kind of residential pharmaceutical waste
collection program.  This letter says that possession of a controlled
substance mediation by any person other than the intended user is a
violation of federal law.  It says it is unlawful for anyone (other than
a licensed entity) to knowingly or intentionally possess a controlled
substance, except pursuant to a prescription.
=09
	Kelly Moran
	TDC Environmental
	__________________
=09
	Source:  DEA Web site
(http://www.deadiversion.usdoj.gov/faq/general.htm)
=09
	Question: Can an individual return their controlled substance
prescription medication to a pharmacy?=20

	Answer: No. An individual patient may not return their unused
controlled substance prescription medication to the pharmacy. Federal
laws and regulations make no provisions for an individual to return
their controlled substance prescription medication to a pharmacy for
further dispensing or for disposal. There are no provisions in the
Controlled Substances Act or Code of Federal Regulations (CFR) for a DEA
registrant (i.e., retail pharmacy) to acquire controlled substances from
a non-registrant (i.e. individual patient).

	The CFR does have a provision for an individual to return their
unused controlled substance medication to the pharmacy in the event of
the controlled substance being recalled or a dispensing error has
occurred.

	An individual may dispose of their own controlled substance
medication without approval from DEA. Medications should be disposed of
in such a manner that does not allow for the controlled substances to be
easily retrieved. In situations where an individual has expired, a
caregiver or hospice staff member may assist the family with the proper
disposal of any unused controlled substance medications.


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<HTML><HEAD><TITLE>Message</TITLE>
<META http-equiv=3DContent-Type content=3D"text/html; =
charset=3Dus-ascii">
<META content=3D"MSHTML 6.00.2800.1498" name=3DGENERATOR></HEAD>
<BODY>
<DIV><FONT face=3DArial color=3D#0000ff size=3D2><SPAN =
class=3D652460215-16052005>To=20
all,</SPAN></FONT></DIV>
<DIV><FONT face=3DArial color=3D#0000ff size=3D2><SPAN=20
class=3D652460215-16052005></SPAN></FONT>&nbsp;</DIV>
<DIV><FONT face=3DArial color=3D#0000ff size=3D2><SPAN =
class=3D652460215-16052005>DEA=20
allows law enforcement agencies to collect controlled substances, we =
have been=20
collecting controlled substances through our sheriff's office for over a =
year=20
and we have been collecting other unwanted meds through our hhw programs =
and=20
through participating pharmacies for over a year.&nbsp; =
</SPAN></FONT><FONT=20
face=3DArial color=3D#0000ff size=3D2><SPAN=20
class=3D652460215-16052005></SPAN></FONT></DIV>
<DIV><FONT face=3DArial color=3D#0000ff size=3D2><SPAN=20
class=3D652460215-16052005></SPAN></FONT>&nbsp;</DIV>
<DIV></DIV>
<DIV><FONT face=3DTahoma size=3D2>-----Original =
Message-----<BR><B>From:</B>=20
pharmwaste-admin@lists.dep.state.fl.us=20
[mailto:pharmwaste-admin@lists.dep.state.fl.us] <B>On Behalf Of =
</B>Kelly=20
Moran<BR><B>Sent:</B> Friday, May 13, 2005 2:44 PM<BR><B>To:</B>=20
pharmwaste@lists.dep.state.fl.us<BR><B>Cc:</B> Scott =
Cassel<BR><B>Subject:</B>=20
[Pharmwaste] The DEA...<BR><BR></DIV></FONT>
<BLOCKQUOTE dir=3Dltr style=3D"MARGIN-RIGHT: 0px">Here's a second for =
Dave's=20
  request--are there others who are interested in cooperating on an =
approach to=20
  DEA? &nbsp;<BR><BR>The DEA position has been a significant barrier to=20
  operation of all forms of take-back programs. &nbsp;If we were able to =
work=20
  with the right people, perhaps an acceptable compromise could be =
approved to=20
  simplify pharmacy take back and other collection programs.<BR><BR>For =
your=20
  information, I have attached two items:<BR>(1) DEA web site FAQ on =
pharmacy=20
  take-back of controlled substances.<BR>(2) DEA HQ letter to the City =
of Palo=20
  Alto about collecting controlled substances in any kind of residential =

  pharmaceutical waste collection program. &nbsp;This letter says that=20
  possession of a controlled substance mediation by any person other =
than the=20
  intended user is a violation of federal law. &nbsp;It says it is =
unlawful for=20
  anyone (other than a licensed entity) to knowingly or intentionally =
possess a=20
  controlled substance, except pursuant to a prescription.<BR><BR>Kelly=20
  Moran<BR>TDC Environmental<BR>__________________<BR><BR>Source: =
&nbsp;DEA Web=20
  site (<A class=3Dmoz-txt-link-freetext=20
  =
href=3D"http://www.deadiversion.usdoj.gov/faq/general.htm">http://www.dea=
diversion.usdoj.gov/faq/general.htm</A>)<BR><BR><FONT=20
  face=3DArial><FONT size=3D2><B>Question: Can an individual return =
their controlled=20
  substance prescription medication to a pharmacy?</B> =
</FONT></FONT><FONT=20
  face=3DArial><B></B></FONT>
  <P><FONT face=3DArial><B><FONT size=3D2>Answer</FONT><FONT size=3D2>:=20
  </FONT></B><FONT size=3D2>No. An individual patient may not return =
their unused=20
  controlled substance prescription medication to the pharmacy. Federal =
laws and=20
  regulations make no provisions for an individual to return their =
controlled=20
  substance prescription medication to a pharmacy for further dispensing =
or for=20
  disposal. There are no provisions in the Controlled Substances Act or =
Code of=20
  Federal Regulations (CFR) for a DEA registrant (i.e., retail pharmacy) =
to=20
  acquire controlled substances from a non-registrant (i.e. individual=20
  patient).</FONT></FONT></P>
  <P><FONT face=3DArial><FONT size=3D2>The CFR does have a provision for =
an=20
  individual to return their unused controlled substance medication to =
the=20
  pharmacy in the event of the controlled substance being recalled or a=20
  dispensing error has occurred.</FONT></FONT></P>
  <P><FONT face=3DArial><FONT size=3D2>An individual may dispose of =
their own=20
  controlled substance medication without approval from DEA. Medications =
should=20
  be disposed of in such a manner that does not allow for the controlled =

  substances to be easily retrieved. In situations where an individual =
has=20
  expired, a caregiver or hospice staff member may assist the family =
with the=20
  proper disposal of any unused controlled substance=20
  medications.</FONT></FONT></P></BLOCKQUOTE></BODY></HTML>

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