[Pharmwaste] RE: Pharmacies in 3 States Can't Take Back Controlled
Volkman, Jennifer (MPCA)
jennifer.volkman at state.mn.us
Fri Feb 6 17:48:11 EST 2015
Everyone who works with take backs should talk with their Board of Pharmacy to see what is allowed. Most BoP statutes prohibit possession of ALL legend pharms (not just the controlled substance portion), to the person to whom they are prescribed. Like DEA, their regulations didn't address take backs because there was no such thing. Pharmacists can possess the stock and distribute, I suppose nurses can possess for the purpose of dispensing, but pharmacists can't possess what has been sold. HW transporters can't possess, WTE's can't possess. You can't possess on behalf of anyone other than your pet or child under 18. Although most state's statutes restrict both the possession of pharms and sharps to the person to whom they are prescribed, they have exercised enforcement discretion for waste haulers who dispose of them.
We worked with our BoP to revise their statutes several years ago to allow law enforcement, permitted waste management facilities and licensed transporters to possess legend drugs for the purpose of participating in a waste pharm collection program operated in compliance with rules, regs, ordinances...It also allowed for "people" to possess legend pharms for the purpose of disposal at a registered collection site.
Now the Board is revising the statutes again to add in pharmacists and to take out "people", since DEA and many local ordinances don't allow possession of CS by anyone other than the person they are prescribed to. We asked the Board if they would do a similar fix for sharps at the same time, but they are concerned it could bollix things up at the legislature. They plan to do it next year. Meantime, they will continue not to enforce possession limitations for sharps.
I think our BoP has about 10 staff, if that. They cover a lot of territory. They've been awesome to work with, I hope that yours are great partners too!
From: pharmwaste-bounces at lists.dep.state.fl.us [mailto:pharmwaste-bounces at lists.dep.state.fl.us] On Behalf Of Ed Gottlieb
Sent: Thursday, February 05, 2015 10:08 AM
To: pharmwaste at lists.dep.state.fl.us
Subject: [Pharmwaste] Pharmacies in 3 States Can't Take Back Controlled
I didn't remember that during the Office of National Drug Control Policy (ONDCP) webinar<http://www.whitehouse.gov/blog/2014/11/17/watch-webinar-dea-s-final-rule-disposal-control-substances> we were told that state board of pharmacy rules did not allow controlled substances to be taken back in Georgia, Oklahoma and Hawaii.
I wrote to the National Association of Boards of Pharmacy to get this and related information. My email and their reply are below.
Dear Mr. Gottlieb,
Thank you for contacting the National Association of Boards of Pharmacy(r) (NABP(r)). NABP is the independent, international, and impartial association that assists its member boards and jurisdictions for the purpose of protecting the public health. NABP does not have any regulatory or interpretive authority over its member boards.
Since the DEA Final Rule on Disposal of Controlled Substances is a new federal regulation, unfortunately; the majority of the states that have not previously prohibited community pharmacies from taking back controlled substances are still silent on the issue and are in the process of reviewing their existing statutes and regulations. Until new laws/regulations are enacted or it is addressed through policy interpretation, we do not have new information to share.
NABP is following this issue and we are staying vigilant on the matter. We will inform our member boards and the public through our website as more information becomes available. In the meantime, according to the Office of National Drug Control Policy (ONDCP) webinar<http://www.whitehouse.gov/blog/2014/11/17/watch-webinar-dea-s-final-rule-disposal-control-substances>, the following states may not permit pharmacies to take back controlled substances: Georgia, Oklahoma and Hawaii.
It is my understanding that the existing rules (and recommendations?) of many state boards of pharmacy are in conflict with the new DEA rule allowing pharmacies to take back controlled substances.
If my understanding is correct, do you know which states need to make changes to be in-line with this DEA rule? Can you please provide me with details?
Has, or will, your organization be encouraging members to make the changes necessary to allow pharmacies to participate in controlled take back? If you have, may I please see a copy of what you did?
If you haven't, please consider doing so. Though it is possible that not many pharmacies will participate in this voluntary, unfunded opportunity, it would be unfortunate if those that wanted to provide this important public service were unable to do so because some state boards of pharmacy's failed to act.
Thanks for your assistance and consideration.
Chair, Coalition for Safe Medication Disposal
Industrial Pretreatment Coordinator
Ithaca Area Wastewater Treatment Facility
525 3rd Street
Ithaca, NY 14850
fax: (607) 273-8433
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