[Pharmwaste] RE: Interesting 'destruction' of controlled substances

[Lucy, Burke at CalRecycle]

I agree Charlotte, Page 53531 of DEA Regs' Q&A section referencing storage standards say, "The language used in the text of the rule, 'should,' is suggestive. Law enforcement are encouraged to follow the guidance in 21 CFR 1317.35; however, they are not required to do so."  Likewise, for the 'inside' verbiage, they say law enforcement 'may' use that method.

§ 1317.35 Collection by law enforcement.

(a)    Federal, State, tribal, or local law enforcement may collect controlled substances from ultimate users and persons lawfully entitled to dispose of an ultimate user decedent's property using the following collection methods:

...

(3) Collection receptacles located inside law enforcement's physical address.

§ 1317.35 (d) refers to disposition and is also suggestive in using 'should' by saying:

"Any controlled substances collected by law enforcement through a ...collection receptacle should be transferred to a destruction location in a manner that prevents the diversion of controlled substances and is consistent with that agency's standard procedures for transferring illicit controlled substances."

It seems the key question is whether anyone other than ultimate users can transfer controlled substances to solid waste people even if it's embedded in a gel or dissolved and might still be 'retrievable.'

Ed, I'm not sure I have any better contact than you would even if I had the bandwidth to help out beyond sharing this info.

Burke

From: Smith, Charlotte [mailto:csmith at pharmecology.com]
Sent: Friday, December 19, 2014 10:58 AM
To: Lucy, Burke at CalRecycle; 'pharmwaste at lists.dep.state.fl.us'
Subject: RE: Interesting 'destruction' of controlled substances

While law enforcement has the freedom to manage controlled substances as they see fit from a diversion perspective under DEA regulations, I'm not so sure they can dispose in a landfill without special permission through a waste acceptance manager. Hopefully they have already gone through that process locally.

Best regards,

Charlotte A. Smith, R. Ph., M.S.
Senior Regulatory Advisor
WMSS PharmEcology Services
csmith at pharmecology.com<mailto:msmith at wm.com>
713-725-6363




From: pharmwaste-bounces at lists.dep.state.fl.us<mailto:pharmwaste-bounces at lists.dep.state.fl.us> [mailto:pharmwaste-bounces at lists.dep.state.fl.us] On Behalf Of Lucy, Burke at CalRecycle
Sent: Friday, December 19, 2014 11:23 AM
To: 'pharmwaste at lists.dep.state.fl.us'
Subject: [Pharmwaste] Interesting 'destruction' of controlled substances

WPD receives 'drop off box' for disposal of medicine, December 18, 2014
http://www.williamsondailynews.com/news/home_top-news/150936594/WPD-receives-drop-off-box-for-disposal-of-medicine
"The drugs will be destroyed by transferring them to an Element MDS system. The system consists of a disposable bottle where the drugs will be transferred to and an MDS powder packet will be added along with water. The lid is then tightened on the bottle which will auto lock and cannot be removed. The bottle will be shaken to mix the contents and all medicine inside the bottle will dissolve. The bottle is then ready to be placed in a trash receptacle for safe disposal."

According to the manufacturer's brochure apparently for "many people in medical, environmental, and regulatory groups," (http://elementmds.com/wp-content/themes/ABC-basic/images/2014%20EMDS%20WP.pdf) the benefits of Element® MDS include: "Can accommodate controlled substances unlike mail-in kits."

Burke
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