RSA 318-E:1 · Pharmaceutical Drug Take-Back Programs Authorized

318-E:1 Pharmaceutical Drug Take-Back Programs Authorized. –

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I.

A local, county, regional, state, or other governmental entity or private entity in conjunction with the chief law enforcement officer of a law enforcement agency may establish a controlled and non-controlled pharmaceutical drug take-back program. For the purposes of this chapter, "pharmaceutical drug" means a prescription or over-the-counter drug, including, but not limited to, controlled drugs as defined in this chapter. I-a. A registered pharmacy may establish a controlled and noncontrolled pharmaceutical drug take-back program provided it complies with the United States Drug Enforcement Administration regulations, 21 C.F.R. part 1300 et seq.

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II.

A pharmaceutical drug take-back program established by a local, county, regional, state, or other governmental entity or private entity shall enable individuals with dispensed drugs to voluntarily return the unused drugs for collection, storage, and disposal in accordance with applicable state and federal statutes and regulations.

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III.

The department of justice, in consultation with the pharmacy board, the department of safety, and the department of environmental services shall establish rules, pursuant to RSA 541-A, for the collection, storage, and disposal of collected drugs in accordance with applicable state and federal statutes and regulations.

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IV.

The disposal requirements for controlled drugs stipulated in RSA 318-B:17 shall not apply to controlled and non-controlled drugs collected in accordance with this section.

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V.

Nothing in the implementation of a pharmaceutical drug take-back program shall require, at the place of collection, any individual who is returning drugs to disclose his or her personal identification in order to return unused drugs.

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VI.

Pharmaceutical drug take-back programs established under this chapter may accept public and private grants and donations of money for the purpose of covering the costs of such programs, including, but not limited to public funds appropriated for this purpose and a fee from participating individuals returning unused pharmaceuticals.

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VII.

(a) An authorized collector may establish and maintain a pharmaceutical drug take-back program at the site of a long-term care facility, nursing home, or assisted living facility, provided that all parties comply with the United States Drug Enforcement Administration regulations, 21 C.F.R. Part 1300 et. seq., and any applicable state and federal laws and regulations. A long-term care facility, nursing home, or assisted living facility may utilize a collection receptacle under such a drug take-back program on behalf of the ultimate user residing at, or who has resided at, the long-term care facility, nursing home or assisted living facility.

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(b)

The disposal requirements for controlled drugs stipulated in RSA 318-B:17-a by the board of pharmacy, its officers, agents, and inspectors, shall not apply to controlled drugs collected in accordance with a drug take-back program authorized by paragraph VII of this section.

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(c)

The board of pharmacy shall establish rules and regulations to allow for the take-back program authorized by paragraph VII of this section. Source. 2011, 63:2. 2013, 222:2. 2016, 214:2, eff. Aug. 6, 2016. 2023, 58:1, eff. July 31, 2023.

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