[Pharmwaste] RE: Board regs and pharmacy take back

Ed Gottlieb EGottlieb at cityofithaca.org
Thu Feb 12 14:07:05 EST 2015


JV,

It was the National Association of Boards of Pharmacy that gave me the list of three states who had Board of Pharmacy rules that did not permit pharmacies from taking back controlled substances.  Seems they missed a state, possibly many.

I suspect your impression is correct and many more than three state boards of pharmacy, along with other state agencies, are working on changes to be in compliance with the new DEA rule.

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: pharmwaste-bounces at lists.dep.state.fl.us [pharmwaste-bounces at lists.dep.state.fl.us] on behalf of Volkman, Jennifer (MPCA) [jennifer.volkman at state.mn.us]
Sent: Thursday, February 12, 2015 1:50 PM
To: pharmwaste at lists.dep.state.fl.us
Subject: [Pharmwaste] Board regs and pharmacy take back

This is very similar to a message I wrote on this last week—just a note so you can skip it :)
I think most Boards were waiting on DEA before they made changes to allow pharmacists to possess dispensed drugs for the purpose of operating take back programs. Ed, I don’t know where you got your list of 3, but our Board and probably the vast majority of state Boards haven’t updated their regulations. DEA’s revisions came out in July, so now that our legislature is in session, our Board is bringing forward the statutory revisions needed to allow pharmacies to collect. It was simpler to wait because Boards can now make a very simple change related to possession and then cite DEA’s regulations on how to operate the take back. Boards aren’t actively trying to keep pharmacies from collecting (far as I know), their regulations simply didn’t encompass the take back concept, same as DEA’s did not. As long as regulatory revisions don’t require pharmacies to collect, this modification should go relatively smoothly in any state. Most Boards do probably need advocates like Amy and Christine to work with them on drafting the changes. We regulate disposal and the law enforcement entities that collect now, so it made sense for us to help out our Board with the changes.

I’d share our proposed language changes, but we have this weird statute:
While most data created and held by executive branch agencies is presumed public, Minn. Stat. 13.605, Subd. 1, classifies legislative proposals that are created or maintained by “…any state agency that is under the direct control of the governor…” as being non-public. And someone decided the Board is under the direct control of the Governor when we asked about it sharing them.

I can say that we kept it very simple. There are about 5 lines worth of changes allowing pharmacists, law enforcement, waste transporters and waste management facilities to possess pharms for the purpose of destruction and another line or two directing  pharmacies to comply with DEA rules regarding operations. This is our second modification. We modified the statutes several years ago to allow for law enforcement possession of legend pharms, which is another thing most Board regulations didn’t, and still probably don’t, address. We are hopeful that this will go as smoothly as the first.

Cheers,
JV

From: pharmwaste-bounces at lists.dep.state.fl.us [mailto:pharmwaste-bounces at lists.dep.state.fl.us] On Behalf Of Grossman, Christine (DEQ)
Sent: Thursday, February 12, 2015 11:16 AM
To: Tiemeier, Amy; 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?

The Michigan’s Board of Pharmacy rules for utilization/disposal are found on-line at http://www7.dleg.state.mi.us/orr/Files/AdminCode/1263_2013-071LR_AdminCode.pdf.

The Michigan solid waste regulations that would apply to household generated unwanted drugs collected at a pharmacy.  Those are found under Part 115<http://www.legislature.mi.gov/documents/mcl/pdf/mcl-451-1994-ii-3-115.pdf> of the Michigan Natural Resource and Environmental Protection Act.  The solid waste provisions of this act were amended on 3/4/14 to formally authorize waste diversion centers to collect pharmaceuticals and divert them from landfills, along with other household hazardous wastes, so long as they were destined for and environmentally preferred management method.  The waste diversion center operating requirements are found under Section 11524b of Part 115.  We advocate the pharmaceuticals be incinerated to destroy the chemicals within the drugs, preventing them from entering  our water.

For non-household generated drugs, we have a tutorial<http://www.michigan.gov/deq/0,4561,7-135-3585_57802_4173-285527--,00.html>, a pharmaceutical waste management guide<http://www.michigan.gov/documents/deq/deq-p2-MHA-Guide-Rev_393335_7.pdf>, and a guide example posting<http://www.michigan.gov/documents/deq/deq-oea-mha-guideexample_396991_7.pdf> to help health care navigate through the various regulations and select a management option that considers the waste handling requirements for the various wastes they generate.  All of these resources and more on Michigan regulations can be found at www.michigan.gov/deqhealthcare<http://www.michigan.gov/deqhealthcare> under the Waste Health Care Resources Web link.

Regards,

Christine Grossman, Compliance Assistance Specialist
Training and Outreach Unit, Office of Environmental Assistance, Michigan Department of Environmental Quality
Direct Phone: 517-284-6860
Environmental Assistance Center: 1-800-662-9278 or deq-assist at michigan.gov<mailto:deq-assist at michigan.gov>


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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 Tiemeier, Amy
Sent: Thursday, February 12, 2015 10:43 AM
To: Ed Gottlieb; pharmwaste at lists.dep.state.fl.us<mailto: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> [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<mailto: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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