Bill Text: NJ S2940 | 2012-2013 | Regular Session | Introduced
Bill Title: Establishes drug disposal program in Division of Consumer Affairs.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-08-19 - Introduced in the Senate, Referred to Senate Commerce Committee [S2940 Detail]
Download: New_Jersey-2012-S2940-Introduced.html
Sponsored by:
Senator SHIRLEY K. TURNER
District 15 (Hunterdon and Mercer)
SYNOPSIS
Establishes drug disposal program in Division of Consumer Affairs.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the disposal of medications and supplementing and amending P.L.1970, c.226.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) The director, in consultation with the Board of Pharmacy and the Commissioner of Health, shall establish a drug disposal program in order to enable individuals to safely and anonymously dispose of unused drugs.
a. (1) The director shall establish a network of secure collection receptacles where individuals may deposit unused non-prescription and prescription drugs, including controlled dangerous substances. Receptacles shall be located at facilities that meet criteria established by the director, and may include police departments, pharmacies, or other locations as determined by the director. The locations of collection receptacles shall be advertised on the Internet website of the division. At least one collection receptacle shall be available in each county.
(2) The director shall ensure that the final disposal of drugs deposited in collection receptacles occurs in accordance with State and federal law and regulations.
b. The drug disposal program may be expanded to include take-back events or a mail-back program, as deemed appropriate by the director and as permitted by federal law and regulations.
c. An entity that shares in the cost of operating the drug disposal program may accept public and private grants of money for the purpose of covering the costs of the program, and may charge a participating individual disposing of unused drugs a fee, subject to limitations established by the director.
d. A drug disposal program established pursuant to this section shall not require an individual to disclose the individual's personal identification in order to dispose of unused drugs.
e. Nothing in this section shall be construed to permit an individual to possess a controlled dangerous substance if that individual is not authorized to do so pursuant to section 10 of P.L.1970, c.226 (C.24:21-10).
2. Section 10 of P.L.1970, c.226 (C.24:21-10) is amended to read as follows:
10. Registration requirements. a. Every person who manufactures, distributes, or dispenses any controlled dangerous substance within this State or who proposes to engage in the manufacture, distribution, or dispensing of any controlled dangerous substance within this State, shall obtain a registration issued by the division in accordance with rules and regulations promulgated by it.
b. Persons registered by the director under [this act] P.L.1970, c.226 (C.24:21-1 et seq.) to manufacture, distribute, dispense, or conduct research with controlled dangerous substances may possess, manufacture, distribute, dispense, or conduct research with those substances to the extent authorized by their registration and in conformity with the other provisions of this article.
c. The following persons shall not be required to register and may lawfully have under their control or possess controlled dangerous substances under the provisions of P.L.1970, c.226 (C.24:21-1 et seq.), as amended and supplemented; provided, however, that nothing in this section shall be construed as conferring on a person who is not registered or licensed as a practitioner or as a pharmacist any authority, right, or privilege that is not granted [him] to the person by the laws of this State:
(1) An agent, or an employee thereof, of any registered manufacturer, distributor, or dispenser of any controlled dangerous substance if [such] the agent is acting in the usual course of [his] the agent's business or employment;
(2) A common carrier or warehouseman, or an employee thereof, whose possession of any controlled dangerous substance is in the usual course of [his] the person's business or employment;
(3) An ultimate user or a person in possession of any controlled dangerous substance pursuant to a lawful order of a practitioner or in lawful possession of a Schedule V substance; and
(4) Peace officers or employees in the performance of their official duties requiring possession or control of controlled dangerous substances; or to temporary incidental possession by employees or agents of persons lawfully entitled to possession, or by persons whose possession is authorized for the purpose of aiding peace officers in performing their official duties.
d. The director may, by regulation, waive the requirement for registration of certain manufacturers, distributors, or dispensers if [he] the director finds it consistent with the public health and safety.
e. A separate registration shall be required at each principal place of business or professional practice where the applicant manufactures, distributes, or dispenses controlled dangerous substances.
f. The director is authorized to inspect the establishment of a registrant or applicant for registration in accordance with the rules and regulations promulgated by [him] the director.
g. (1) An ultimate user who has lawfully obtained a controlled dangerous substance may, without being registered, deliver the controlled dangerous substance to another person for the purpose of disposal if the disposal takes place in accordance with the drug disposal program established pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(2) If a person dies while lawfully in possession of a controlled dangerous substance for personal use, any person lawfully entitled to dispose of the decedent's property may deliver the controlled dangerous substance to another person for the purpose of disposal if the disposal takes place in accordance with the drug disposal program established pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L. 2007, c.244, s.9)
3. Section 14 of P.L.1970, c.226 (C.24:21-14) is amended to read as follows:
14. Order forms. a. Controlled dangerous substances in Schedules I and II shall be distributed only by a registrant, pursuant to an official written order form, clearly identifying it as covering or relating to Schedule I and Schedule II, or either thereof, controlled dangerous substances and bearing the registration number of the registrant. Compliance with federal law respecting order forms shall be deemed compliance with this section.
b. A pharmacist, only upon an official written order, may sell to a practitioner in quantities not exceeding one ounce at any one time, aqueous or oleaginous solutions compounded by [him] the pharmacist of which the content of narcotic drugs or other controlled dangerous substances does not exceed a proportion greater than [20%] 20 percent of the complete solution, to be used for medical purposes.
c. An official written order for any controlled dangerous substance in Schedule I or Schedule II shall be signed in triplicate by the person giving [said] the order or by [his] the person's duly authorized agent. The original and triplicate shall be presented to the person who sells or dispenses the controlled dangerous substance or substances named therein. In the event of the acceptance of [such] an official written order [by said person], except as may be otherwise required by rule, regulation, or order of the director, each party to the transaction shall preserve [his] a copy of [such] the order for a period of two years, in such a way as to be readily accessible for inspection by any public officer or employee engaged in the enforcement of [this chapter] P.L.1970, c.226 (C.24:21-1 et seq.).
d. Use of an official written order in electronic form shall comply with the requirements of State law and regulations.
e. Nothing in this section shall apply to the delivery of a controlled dangerous substance for the purpose of disposal by an ultimate user or other person acting in accordance with subsection g. of section 10 of P.L.1970, c.226 (C.24:21-10).
(cf: P.L.2007, c.244, s.13)
4. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety, in consultation with the Board of Pharmacy and the Commissioner of Health, and pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations necessary to implement the provisions of this act.
5. This act shall take effect on the first day of the fourth month next following the date of enactment.
STATEMENT
This bill requires the Director of the Division of Consumer Affairs in the Department of Law and Public Safety to establish a drug disposal program to enable individuals in lawful possession of controlled dangerous substances and other prescription and non-prescription drugs to safely and anonymously dispose of unused drugs.
The bill requires the director to establish a network of secure collection receptacles where individuals may deposit unused non-prescription and prescription drugs, including controlled dangerous substances. Receptacles would be located at facilities that meet criteria established by the director, and may include police departments, pharmacies, or other locations as determined by the director. The bill requires the locations of collection receptacles to be advertised on the division's Internet website, and that at least one collection receptacle be available in each county. Drugs deposited in collection receptacles are to be disposed of in accordance with State and federal law and regulations.
The bill also permits the director to expand the program to include take-back events or a mail-back program, as permitted by federal law and regulations.
The bill allows an entity that shares in the cost of operating the drug disposal program to accept public and private grants of money for the purpose of covering the costs of the program, and to charge a participating individual disposing of unused drugs a fee, subject to limitations established by the director.
The bill provides that a drug disposal program may not require an individual to disclose the individual's personal identification in order to dispose of unused drugs.
The bill also amends the "New Jersey Controlled Dangerous Substances Act" to clarify certain instances in which an individual who is not registered with the division may possess or transfer controlled dangerous substances in order to dispose of them,
The bill is intended to take advantage of the federal "Secure and Responsible Drug Disposal Act of 2010," Pub.L.111-273, and related regulations, which expand the lawful options available to individuals to dispose of unused drugs. The bill also builds upon "Project Medicine Drop," a program currently operated by the division that allows individuals to dispose of unused drugs in secure receptacles at certain police departments around the State.
