[Pharmwaste] VT law includes take back (& EPR!)

[Ed Gottlieb]

Turns out I missed seeing the EPR component of the VT law!

Here is a link to the enacted law:  http://legislature.vermont.gov/assets/Documents/2016/Docs/ACTS/ACT173/ACT173%20As%20Enacted.pdf

The "Evidence-Based Education and Advertising Fund" is specified as the source of funding (see, "(b)" below).
I am not clear on if this is public money, to be used in addition to the manufactures fee, or if that fund is generated from the fee.  Can anyone shed light on this?

Page 15 talks about the fee, which is retroactive to January 1, then it picks up again on page 22 about collection/disposal. The fee will be used for multiple purposes.
Pages 24, position at Health ("Sec. 16" below)
Page 25, appropriations ("(b)" below)
Page 27 effective dates

Shaming is used as an incentive! (page 16):
(d) The Department shall maintain on its website a list of the manufacturers who have failed to provide timely payment as required under this section.

The fee structure places a relatively greater burden on manufactures of high priced, specialty drugs that have a low volume of sales.
Most EPR laws leave it to the participating manufacturers to determine how to generate the needed funds in an equitable way.
"The fee shall be 1.5 percent of the previous calendar year’s prescription drug spending by the Department and shall be assessed based on manufacturer labeler codes as used in the Medicaid rebate program."

Ed Gottlieb
Chair, Coalition for Safe Medication Disposal
Industrial Pretreatment Coordinator
Ithaca Area Wastewater Treatment Facility
525 3rd Street
Ithaca, NY  14850
(607) 273-8381
fax: (607) 273-8433

________________________________
From: Ed Gottlieb
Sent: Tuesday, August 09, 2016 2:31 PM
To: pharmwaste at lists.dep.state.fl.us
Subject: VT law includes take back

On June 8th, the governor of Vermont signed into law an act relating to combating opioid abuse in Vermont.
S 243 establishes a statewide drug take-back program, funded by the State.  Others report this to be a state run program funded by manufactures (EPR).  The wording I found has no mention of funding other than State money.
http://legislature.vermont.gov/bill/status/2016/S.243

Excerpts related to take back:

4224. UNUSED PRESCRIPTION DRUG DISPOSAL PROGRAM
The Department of Health shall establish and maintain a statewide unused prescription drug disposal program to provide for the safe disposal of Vermont residents’ unused and unwanted prescription drugs. The program may include establishing secure collection and disposal sites and providing medication envelopes for sending unused prescription drugs to an authorized collection facility for destruction.

(b) The sum of $625,000.00 is appropriated from the Evidence-Based Education and Advertising Fund to the Department of Health in fiscal year 2017 for the purpose of funding statewide unused prescription drug disposal initiatives, of which $100,000.00 shall be used for a secure prescription drug collection and disposal program and the program manager established by Sec.16 of this act, $50,000.00 shall be used for unused medication envelopes for a mail-back program, $225,000.00 shall be used for a public information campaign on the safe disposal of controlled substances, and $250,000.00 shall be used for a public information campaign on the responsible use of prescription drugs.

Sec. 16. HEALTH DEPARTMENT; POSITION
One new permanent classified position—a substance abuse program manager—is authorized in the Department of Health in order to coordinate a secure prescription drug collection and disposal program as part of the unused prescription drug disposal program established pursuant to Sec. 14a of this act. The position shall be transferred and converted from an existing vacant position in the Executive Branch of State government.


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