1 Controlled and Noncontrolled Drug Take-Back Programs. Amend the chapter heading of RSA 318-E to read as follows:

CONTROLLED AND NONCONTROLLED

PHARMACEUTICAL DRUG TAKE-BACK PROGRAMS

2 Controlled and NonControlled Drug Take-Back Programs. Amend RSA 318-E:1 to read as follows:

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

I. Studies have shown that unused medications left in the home have often been the gateway to addiction. Therefore in addition to the National Drug Take-Back Day that is part of the Drug Enforcement Administration Division Control Program, 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 noncontrolled pharmaceutical drug and illicit drug and drug paraphernalia take-back program. For the purposes of this chapter, "pharmaceutical drug'' "drug" means a prescription or over-the-counter drug, including, but not limited to, controlled drugs as defined in this chapter RSA 318-B:1, VI and any illicit drugs such as cocaine, heroin, and paraphernalia.

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.

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 without penalty and with amnesty.

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.

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

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.

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.

VII. Persons who return drugs or paraphernalia may be provided with the opportunity to speak with an employee, staff member, or volunteer who shall aid them in finding suitable rehabilitation assistance. Drug take-back facilities may also offer medical treatment upon an individual's request, if qualified personnel or transportation to a facility is available.

VIII. Municipalities may charge the city or town where the individual accepting these services resides, for treatment rendered.

3 Effective Date. This act shall take effect January 1, 2019.

1 Controlled and Noncontrolled Drug Take-Back Programs. Amend the chapter heading of RSA 318-E to read as follows:

CONTROLLED AND NONCONTROLLED

DRUG TAKE-BACK PROGRAMS

2 Controlled and NonControlled Drug Take-Back Programs. Amend RSA 318-E:1 to read as follows:

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

I. Studies have shown that unused medications left in the home have often been the gateway to addiction. Therefore in addition to the National Drug Take-Back Day that is part of the Drug Enforcement Administration Division Control Program, 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 noncontrolled pharmaceutical and illicit drug and drug paraphernalia take-back program. For the purposes of this chapter, "drug" means a prescription or over-the-counter drug, including, but not limited to, controlled drugs as defined in RSA 318-B:1, VI and any illicit drugs such as cocaine, heroin, and paraphernalia.

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.

II. A drug take-back program established by a local, county, regional, state, or other governmental entity or private entity shall enable individuals to voluntarily return the unused drugs for collection, storage, and disposal in accordance with applicable state and federal statutes and regulations without penalty and with amnesty.

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.

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

V. Nothing in the implementation of a 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.

VI. 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 .

VII. Persons who return drugs or paraphernalia may be provided with the opportunity to speak with an employee, staff member, or volunteer who shall aid them in finding suitable rehabilitation assistance. Drug take-back facilities may also offer medical treatment upon an individual's request, if qualified personnel or transportation to a facility is available.

VIII. Municipalities may charge the city or town where the individual accepting these services resides, for treatment rendered.

3 Effective Date. This act shall take effect January 1, 2019.