HB 607-FN - AS INTRODUCED
HOUSE BILL 607-FN
This bill establishes the pharmaceutical drug disposal program. The bill grants rulemaking authority to the commissioner of the department of health and human services for the purposes of the bill.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [
in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to residential pharmaceutical waste.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Statement of Intent.
I. The general court finds:
(a) The United States Geological Survey conducted a study in 2002 sampling 139 streams across 30 states and found that 80 percent had measurable concentrations of prescription and nonprescription drugs, steroids, and reproductive hormones.
(b) Exposure even to low levels of pharmaceuticals has been shown to have negative effects on fish and other aquatic species and may have negative effects on human health.
II. Therefore, in order to reduce the likelihood of improper disposal of pharmaceuticals, it is the purpose of this act to establish a program that ensures the safe and environmentally sound disposal of pharmaceutical drugs that is convenient for consumers and cost effective for retailers.
2 New Subdivision; Pharmaceutical Drug Disposal Program. Amend RSA 318-B by inserting after section 30 the following new subdivision:
Pharmaceutical Drug Disposal Program
318-B:31 Definitions. In this subdivision:
I. “Consumer” means an individual purchaser or owner of a pharmaceutical drug. The term does not include a business, corporation, limited partnership, or any entity involved in a wholesale transaction between a distributor and retailer.
II. “Pharmaceutical drug” means a prescription or over-the-counter drug, including, but not limited to, controlled drugs as defined in this chapter.
III. “Retailer” means a person or entity that makes a retail sale of a pharmaceutical drug to a consumer in New Hampshire.
IV. “Sale” includes, but is not limited to, transactions conducted through sales outlets, catalogs, or the Internet or any other similar electronic means, but does not include a sale that is a wholesale transaction involving a distributor or retailer.
318-B:32 Collection of Pharmaceutical Drugs.
I. Each retailer shall establish a system for the acceptance and collection of pharmaceutical drugs for proper disposal.
II. A system for the acceptance and collection of pharmaceutical drugs for proper disposal shall at a minimum include the following elements:
(a) The take back by the retailer at no cost to the consumer of a pharmaceutical drug of the type or brand which the retailer sells or previously sold.
(b) A notice to consumers that includes informational materials, including, but not limited to, Internet website links or a telephone number, placed on the invoice or purchase order or packaged with the pharmaceutical drug, that provides consumers access to obtain more information about the opportunities and locations for no-cost pharmaceutical drug recycling.
(c) Information made available to consumers about pharmaceutical drug return opportunities provided by the retailer and encouraging consumers to utilize those opportunities. This information may include, but is not limited to, the following:
(1) Signage that is prominently displayed and easily visible to the consumer.
(2) Written materials provided to the consumer at the time of purchase or delivery, or both.
(3) Reference to the pharmaceutical drug take-back opportunity in retailer advertising or other promotional materials, or both.
(4) Direct communications with the consumer at the time of purchase.
(d) If a retailer is participating in an existing pharmaceutical drug take-back system and the system otherwise complies with the requirements of this subdivision, the retailer may continue to participate in the existing program in lieu of complying with the program under this subdivision.
318-B:33 Rulemaking; Educational Materials.
I. The department, in consultation with the commissioner of the department of environmental services, shall adopt rules, pursuant to RSA 541-A, that ensure the proper disposal of pharmaceutical drugs, pursuant to all applicable laws, and ensure the protection of public health and safety, the environment, and the health and safety of retail employees.
II. The department shall provide educational materials to consumers informing them of the availability of the pharmaceutical drug disposal program and what constitutes proper and improper disposal of pharmaceutical drugs.
318-B:34 Penalty. The attorney general may bring an action for injunctive relief, costs, and attorney fees, and impose on a retailer that fails to comply with the requirements of this subdivision a civil penalty of no more than $10,000 per violation. Each unlawful failure to provide for pharmaceutical drug disposal shall constitute a separate violation.
3 Effective Date. This act shall take effect upon its passage.
HB 607-FN - FISCAL NOTE
AN ACT relative to residential pharmaceutical waste.
The Department of Health and Human Services states this bill will increase state revenue and expenditures by an indeterminable amount in FY 2009 and each year thereafter. There will be no fiscal impact on county and local revenue or expenditures.
The Department of Health and Human Services (DHHS) states this bill establishes a drug disposal program. The bill requires DHHS and the Department of Environmental Services to adopt rules to ensure proper disposal of pharmaceutical drugs, and requires DHHS to provide educational materials to consumers informing them of the availability of the pharmaceutical drug disposal program and what constitutes proper and improper disposal of pharmaceutical drugs. This bill would increase expenditures to DHHS by an indeterminable amount. The Department has no current program or resources that support the proper disposal of pharmaceutical drugs and therefore has no in-house experts to write the required rules and education information. The Department assumes it would have to contract with an individual with that knowledge to develop the rules and materials. It is unclear at this time how many hours and what the hourly rate would be to contract with someone for this assignment. In addition, the Department assumes, based on estimates on other costs for printing and postage of brochures, $3,000 to $5,000 annually will be necessary to print and distribute the educational materials as described in this bill. This bill does not establish positions or contain an appropriation.
The Department of Environmental Services states it can absorb any fiscal impact within its current budget.