[Pharmwaste] Which States Can't Do Pharmacy Take Back? + US SC

Ed Gottlieb EGottlieb at cityofithaca.org
Thu Feb 12 11:33:24 EST 2015


Thanks Amy!  It sounds like multiple state agencies, including the Board of Pharmacy, need to change their rules to allow for pharmacy take back of controlled substances in MO.  I wonder if the National Association of Boards of Pharmacy missed listing any other states?

I also learned that here in New York, there is a Health Department rule that prohibits pharmacy take back.  They are working to change it so that pharmacies can take advantage of the new DEA rule.  I will try to get a time line from them ASAP.

This leaves me with the question of how many other states have departments with rules that currently prevent pharmacy take back?

Finally, a list serve member who is a lawyer was kind enough to send me this explanation of the process happening at the Supreme Court.
A very brief explanation is that this means that the case has been distributed and the court is reviewing whether to consider taking the case.  At this stage, the Court staff will prepare a memo which the justices will review with the filed papers to make a determination if they anyone wishes to discuss whether to hear the case or not.  If no justice indicates they want to discuss the case, the Court will  issue an order that the case will not be considered, and the writ denied. This could occur as early as the  following week.   If any justice decides they do want to consider hearing the case, the Court will ask for more information before they discuss it.  If that is the case, the Court will issue an order, likely in March, that they want a full brief from the County before making a decision on whether hear the case.    There are some other things that can occur, however, these two scenarios are the most likely.
It is my understanding that if, after getting the full brief, three or more justices vote to hear the case it will be scheduled on their docket.

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: Tiemeier, Amy [Amy.Tiemeier at stlcop.edu]
Sent: Thursday, February 12, 2015 10:43 AM
To: Ed Gottlieb; pharmwaste at lists.dep.state.fl.us
Subject: RE: [Pharmwaste] Program closes, lack of funds. MO 4th state to not allow pharmacy take back?

Ed,
Currently the MO law does not allow for pharmacies to do take back. That being said, when the new rules and regs came out, the MO Board of Pharmacy as well as the BNDD and other state agencies started discussing this. My understanding is that they intend to change the state regulations to allow this and there should be an emergency order coming out soon.
In the St. Louis area we still have law enforcement providing med take back through funds and a partnership with a non-profit (www.missourip2d2.org<http://www.missourip2d2.org>) that pays for incineration for partner law enforcement.
Please let me know if you have any other questions as I am very involved with this issue in St. Louis!
Amy

Amy Tiemeier, Pharm.D., BCPS
Director, Community Partnerships
Associate Director, Office of Experiential Education
Associate Professor, Department of Pharmacy Practice

[Description: EmailSignatureLogo]
4588 Parkview Place, St. Louis, MO 63110-1088
TEL: 314.446.8554 FAX: 314.446.8386

www.stlcop.edu<http://www.stlcop.edu/>

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 12, 2015 8:01 AM
To: pharmwaste at lists.dep.state.fl.us
Subject: [Pharmwaste] Program closes, lack of funds. MO 4th state to not allow pharmacy take back?

Another take back program has been forced to close due to the DEA pull out.

http://www.kfvs12.com/story/28088776/drug-take-back-program-canceled-due-to-funding-shortfalls

This story reports that Missouri state law prohibits pharmacy take back.  Missouri is not one of the states (Georgia, Oklahoma and Hawaii) previously identified as not permitting pharmacy take back.

Can anyone confirm if Missouri state law prohibits pharmacy take back?  If an response is not forthcoming, would anyone from the Show-Me state volunteer to contact your state Board of Pharmacy to ask about restrictions and, if they exist, find out when they will change them to be aligned with the new federal rule?  Thanks!

Any volunteers from Georgia, Oklahoma and Hawaii willing to do the same?
Maybe the gentle pressure of inquires will help motivate those state pharmacy boards to take action sooner.
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
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