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7 LONG TITLE
8 Committee Note:
9 The Government Operations Interim Committee recommended this bill.
10 Legislative Vote: 12 voting for 0 voting against 4 absent
11 General Description:
12 This bill establishes a program for the secure, environmentally friendly disposal of
13 prescription and over-the-counter drugs.
14 Highlighted Provisions:
15 This bill:
16 ▸ defines terms;
17 ▸ creates a program, administered by the attorney general, for the disposal of
18 prescription and over-the-counter drugs;
19 ▸ requires the attorney general to work with law enforcement, pharmacies, and other
20 entities to establish a statewide network of drug disposal repositories or for the
21 distribution of home drug disposal receptacles;
22 ▸ describes the requirements for a drug disposal repository and a home drug disposal
23 receptacle;
24 ▸ requires that the program comply with Drug Enforcement Administration
25 requirements;
26 ▸ requires the attorney general to publish a list of drug disposal repositories or
27 information on obtaining a home drug disposal receptacle;
28 ▸ creates a restricted account to assist with the purchase, operation, or maintenance of
29 a repository or the purchase or distribution of home drug disposal receptacles; and
30 ▸ preempts certain action by other state and local government entities in relation to
31 the program.
32 Money Appropriated in this Bill:
33 None
34 Other Special Clauses:
35 None
36 Utah Code Sections Affected:
37 ENACTS:
38 67-5-36, Utah Code Annotated 1953
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40 Be it enacted by the Legislature of the state of Utah:
41 Section 1. Section 67-5-36 is enacted to read:
42 67-5-36. Drug Disposal Program -- Drug Disposal Restricted Account.
43 (1) As used in the section:
44 (a) "Drug" means a prescription drug or an over-the-counter drug lawfully possessed by
45 the individual disposing of the drug.
46 (b) "Environmentally friendly" means a household waste pharmaceutical that, as
47 determined by the attorney general, is rendered non-retrievable and environmentally safe.
48 (c) "Home drug disposal receptacle" means a receptacle that can be used by an
49 individual to render a small amount of drugs at an individual's residence non-retrievable and
50 environmentally friendly.
51 (d) "Non-retrievable" means the same as that term is defined in 21 C.F.R. 1300.05.
52 (e) "Program" means the Drug Disposal Program described in this section.
53 (f) "Repository" means a drug disposal repository described in Subsection (3).
54 (2) The attorney general shall, in accordance with the requirements of this section,
55 administer a statewide program known as the Drug Disposal Program, to provide for the safe,
56 secure, and environmentally friendly disposal of drugs in the state.
57 (3) The attorney general shall:
58 (a) except as provided in Subsection (4), work with law enforcement agencies,
59 pharmacies, hospitals, and other entities authorized by Drug Enforcement Administration rules,
60 to ensure that one or more repositories are present in each county in the state;
61 (b) ensure that each repository:
62 (i) renders a drug placed in the repository non-retrievable within two hours after
63 placing the drug in the repository;
64 (ii) in rendering a drug non-retrievable, results in an environmentally friendly
65 substance; and
66 (iii) is secure from unauthorized tampering or removal;
67 (c) require that an independent third party verify that:
68 (i) a repository complies with Subsection (3)(b); and
69 (ii) a home drug disposal receptacle renders a drug non-retrievable and
70 environmentally friendly;
71 (d) ensure that the program operates in accordance with Drug Enforcement
72 Administration rules;
73 (e) administer the restricted account described in Subsection (7); and
74 (f) publish, on the attorney general's website:
75 (i) a list of the location of each repository in the state; and
76 (ii) if home drug disposal receptacles are used as part of the program, information on
77 how to obtain a home drug disposal receptacle.
78 (4) The attorney general may, instead of, or in addition to, establishing a repository in a
79 county, establish a process for residents of the county to easily and inexpensively obtain a
80 home drug disposal receptacle.
81 (5) A state or local government entity, other than the attorney general, may not:
82 (a) regulate the disposal of a substance rendered non-retrievable in a repository or
83 home drug disposal receptacle differently, or more strictly, than disposal of non-hazardous
84 household waste;
85 (b) regulate or restrict the location of a repository or the distribution of a home drug
86 disposal receptacle; or
87 (c) otherwise take action to regulate or interfere with administration of the program.
88 (6) This section does not prohibit the disposal of drugs in a receptacle that does not
89 qualify as a repository if:
90 (a) the receptacle is located on the premises of an entity described in Subsection (3)(a);
91 and
92 (b) the entity described in Subsection (3)(a) ensures that the drug is rendered non-
93 retrievable in any manner permitted by Drug Enforcement Administration rule.
94 (7) (a) There is created a restricted account within the General Fund known as the
95 "Drug Disposal Restricted Account."
96 (b) The restricted account shall consist of:
97 (i) money appropriated by the Legislature;
98 (ii) grants from the federal government; and
99 (iii) grants or donations from a person.
100 (c) The attorney general may award grants from the account to assist in:
101 (i) the purchase, operation, or maintenance of a repository in the state; or
102 (ii) the purchase or distribution of a home drug disposal receptacle.