bill moving the drug take-back pilot to state health

The text as introduced · 1,404 words

89R5197 LRM-F

By: Guillen
H.B. No. 5248

A BILL TO BE ENTITLED

AN ACT

relating to a pilot program for the safe disposal of prescription

drugs, including controlled substance prescription drugs.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 442A.001, Health and Safety Code, is

amended to read as follows:

Sec. 442A.001. DEFINITIONS. In this chapter:

(1) "Collection receptacle" means a receptacle as

described by 21 C.F.R. Section 1317.75 [ "Board" means the Texas

State Board of Pharmacy ].

(2) "Commission" means the Texas Commission on

Environmental Quality.

(3) "Controlled substance" has the meaning assigned by

Section 481.002.

(4) [ (3) ] "Pharmacy" means a facility licensed under

Chapter 560, Occupations Code.

(5) [ (4) ] "Pilot program" means the prescription drug

safe disposal pilot program established under this chapter.

(6) [ (5) ] "Prescription drug" has the meaning

assigned by Section 551.003, Occupations Code.

(7) [ (6) ] "Ultimate user" has the meaning assigned by

21 U.S.C. Section 802.

SECTION 2. Section 442A.002, Health and Safety Code, is

amended to read as follows:

Sec. 442A.002. PRESCRIPTION DRUG SAFE DISPOSAL PILOT

PROGRAM. The commission [ board ] by rule shall develop and

implement a prescription drug safe disposal pilot program to

increase the number of collection receptacles [ locations ] in this

state where unused, unwanted, or expired prescription drugs are

collected from the public for safe disposal.

SECTION 3. Section 442A.051, Health and Safety Code, is

amended to read as follows:

Sec. 442A.051. PHARMACY ELIGIBILITY. A pharmacy operating

in this state may apply to the commission [ board ] to participate in

the pilot program if the pharmacy:

(1) is eligible to register [ registered ] as an

authorized drug collection site with the United States Drug

Enforcement Administration; and

(2) [ is not the subject of state or federal opioid

litigation; and

[ (3) ] meets the eligibility requirements established

by 21 C.F.R. Section 1317.40 [ and board rules ].

SECTION 4. Section 442A.052, Health and Safety Code, is

amended to read as follows:

Sec. 442A.052. APPLICATION AND SELECTION PROCESSES. (a)

The commission [ board ] shall prescribe [ adopt rules prescribing:

[ (1) ] the form and manner for a pharmacy to apply for

participation in the pilot program[ ; and

[ (2) evaluation and selection criteria and

processes ].

[ (b) ] The commission [ board ] shall give priority for

participation in the pilot program to a pharmacy applicant that:

(1) does not collect unused ultimate user prescription

drugs under 21 C.F.R. Part 1317 at the time the applicant submits

the application; or

(2) is located in a rural or underserved area the

commission [ board ] designates.

(c) A pharmacy that operates multiple locations may [ must ]

submit one [ an ] application to apply for the program for all of the

locations, provided the application includes information specific

to each location, including the physical address, phone number,

location name, and pharmacy manager's name [ for each location ].

Each location is separately evaluated for prioritization under

Subsection (a).

SECTION 5. Section 442A.053(b), Health and Safety Code, is

amended to read as follows:

(b) Controlled substance prescription drugs , [ and ]

noncontrolled substance prescription drugs , and over-the-counter

drugs may be collected together and comingled.

SECTION 6. Section 442A.055, Health and Safety Code, is

amended to read as follows:

Sec. 442A.055. PHARMACY MANAGEMENT; RECORDS. A

participating pharmacy is responsible for the daily management and

recordkeeping of the pharmacy's prescription drug safe disposal

program in accordance with the pharmacy's United States Drug

Enforcement Administration registration [ and board rules ].

SECTION 7. The heading to Subchapter C, Chapter 442A,

Health and Safety Code, is amended to read as follows:

SUBCHAPTER C. COMMISSION [ BOARD ] DUTIES

SECTION 8. Section 442A.101, Health and Safety Code, is

amended to read as follows:

Sec. 442A.101. PILOT PROGRAM INCENTIVES. (a) The

commission [ board ] shall assist each pharmacy participating in the

pilot program, including by paying [ the costs of ]:

(1) the costs of maintaining one collection receptacle

at each participating pharmacy location and destroying through

incineration of the receptacle's full inner liner the prescription

drugs deposited in the receptacle; and

(2) a one-time fee to offset the initial costs of

program participation [ ordering and distributing pre-addressed,

return postage paid mail-back envelopes from a third-party

mail-back program and destroying through incineration the returned

mail-back envelopes containing the collected prescription drugs;

and

[ (3) other operational needs the board determines

appropriate ].

(b) The commission may contract with a United States Drug

Enforcement Administration reverse distributor to install the

collection receptacles at participating pharmacy locations and to

treat at an incineration facility registered with the United States

Drug Enforcement Administration the waste collected through the

receptacles [ board:

[ (1) shall directly reimburse a participating

pharmacy for costs the pharmacy incurs under Subsection (a); and

[ (2) may not reimburse a participating pharmacy for

the cost of using a third-party incineration facility unless the

facility is appropriately registered with the United States Drug

Enforcement Administration ].

(c) [ Subject to money available for purposes of this

chapter, the board may provide financial incentives to a pharmacy

to continue providing prescription drug collection services or

expand those services to accommodate controlled substance

prescriptions. ] The commission [ board ] may provide financial

incentives to a chain retail pharmacy for not more than 15

locations.

SECTION 9. Section 442A.102, Health and Safety Code, is

amended to read as follows:

Sec. 442A.102. COMMUNITY OUTREACH. (a) The commission

[ board ] shall:

(1) develop and distribute educational outreach

materials for the public about the availability of safe

prescription drug disposal in this state;

(2) post the materials on the commission's [ board's ]

Internet website; [ and ]

(3) provide the materials to other state agencies ,

including the Texas State Board of Pharmacy, for those agencies to

conduct the community outreach ; and

(4) create education materials for voluntary use by a

participating pharmacy .

(b) The educational outreach materials must be in English,

Spanish, and for specific areas of this state as the commission

[ board ] determines appropriate, another language spoken by a

substantial portion of the area's residents.

SECTION 10. Section 442A.103, Health and Safety Code, is

amended to read as follows:

Sec. 442A.103. REPORT. Not later than December 1 of each

even-numbered year, the commission [ board ] shall submit to the

governor and the legislature a report that:

(1) summarizes the results of the pilot program,

including:

(A) the number and geographic distribution of

collection receptacles at participating pharmacies;

(B) the estimated amount of prescription drugs

collected by participating pharmacies under the program, measured

by:

(i) the number of inner liners fully filled

with collected prescription drugs and sent for incineration by the

pharmacies; and

(ii) [ the number of mail-back envelopes

distributed by the pharmacies; and

[ (iii) ] the weight, measured in pounds, of

the [ :

[ (a) ] inner liners described by

Subparagraph (i)[ ; and

[ (b) returned mail-back envelopes

filled with collected prescription drugs ];

(C) the cost of the pilot program;

(D) [ amount of money distributed under the pilot

program and ] the identity of each participating pharmacy to which

money is distributed; and

(E) [ (D) ] a description of the commission's

[ board's ] educational efforts and outcomes; and

(2) recommends whether the pilot program should

continue, be expanded, or terminate or whether the commission

[ board ] should permanently implement a prescription drug safe

disposal program.

SECTION 11. Section 442A.151, Health and Safety Code, is

amended to read as follows:

Sec. 442A.151. FUNDING. (a) Money contained in the opioid

abatement account established under Section 403.505, Government

Code[ , as added by Chapter 781 (S.B. 1827), Acts of the 87th

Legislature, Regular Session, 2021 ], shall [ may ] be appropriated to

the commission [ board ] to fund the pilot program established under

this chapter.

(b) The commission [ board ] may collect gifts, grants, and

donations to fund the program.

SECTION 12. Section 442A.056, Health and Safety Code, is

repealed.

SECTION 13. As soon as practicable after the effective date

of this Act, the Texas Commission on Environmental Quality shall

implement the prescription drug safe disposal program developed

under Chapter 442A, Health and Safety Code, as required by this Act.

SECTION 14. This Act takes effect September 1, 2025.