Read the full stored bill text
- 83rd Session (2025)
Senate Bill No. 231–Senators Stone, Steinbeck,
Krasner, Buck; Ellison, Nguyen and Scheible
CHAPTER..........
AN ACT relating to pharmacy; establishing requirements governing
the maintenance of secure drug take -back bins for the
collection and destruction of unused drugs; provi ding that
entities that maintain a secure drug take -back bin in
accordance with such requirements are not subject to certain
discipline for certain injuries and harms; requiring an
allocation from the Fund for a Resilient Nevada to the State
Board of Pharm acy to assist with the collection and
destruction of unused drugs ; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing federal regulations authorize pharmacies, hospitals and other entities
authorized to handle co ntrolled substances to register with the Drug Enforcement
Administration of the United States Department of Justice to obtain authorization to
be a collector of controlled substances. Existing federal regulations authorize such
collectors to: (1) conduct m ail-back programs for the return of controlled
substances; and (2) maintain collection receptacles for disposal of the controlled
substances. (21 C.F.R. §§ 1317.40, 1317.70, 1317.75) Existing federal regulations
also prescribe standards governing the dispo sal of controlled substances by entities
authorized to handle and dispose of controlled substances. (21 C.F.R. Part 1317)
Existing regulations of the State Board of Pharmacy require an entity that is
authorized pursuant to federal law and conducts such a m ail-back program or
maintains such collection receptacles to provide to the Board: (1) written
notification of the registration of the entity with the Drug Enforcement
Administration to be a collector; and (2) copies of a certain federal form which is
required to document the destruction of controlled substances. (NAC 639.050)
Existing regulations of the Board also prescribe standards for the destruction of
controlled substances, which mirror the relevant federal regulations.
(NAC 639.498)
Section 1 of this bill prescribes requirements for the installation and
maintenance of secure drug take -back bins by a collector that is registered with the
Drug Enforcement Administration for the on -site collection and destruction of
home-generated pharmaceutical waste. Specifically, section 1 requires such a
collector to: (1) comply with all applicable state and federal laws and regulations;
(2) notify at least one local law enforcement agency of any suspected or known
tampering or theft or significant loss of con trolled substances from a secure drug
take-back bin that occurs while the bin is under the control of the collector; (3) post
signage notifying customers of the substances that are and are not acceptable for
deposit into the secure drug take-back bin; (4) regularly monitor and inspect the bin
and surrounding area, including by limiting customer access to the bin to certain
hours when the bin is being actively monitored; and (5) maintain records of such
inspections and other records required by law. Section 1 also prohibits such a
collector from receiving any compensation from a customer to maintain the secure
drug take-back bin. Section 1: (1) provides that a collector that complies with such
requirements is not subject to discipline by the Board for any inj ury or harm that
directly results from the collector maintaining a secure drug take -back bin, unless
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the injury or harm directly resulted from the gross negligence or willful and wanton
misconduct of the collector; and (2) relieves such a collector from co mpliance with
any restriction established by the governing body of a county, city or other local
governmental entity that would affect the collection and destruction of the contents
of a secure drug take-back bin.
Existing law creates the Fund for a Resi lient Nevada and requires the Attorney
General to deposit in the Fund money received by this State pursuant to any
judgment received or settlement entered into by the State of Nevada as a result of
certain litigation concerning the manufacture, distributio n, sale or marketing of
opioids. Existing law requires the Director of the Department of Health and Human
Services to administer the Fund. (NRS 433.732) Section 2 of this bill requires the
Director to allocate $500,000 from the Fund to the State Board of P harmacy to
assist collectors with the destruction of home -generated pharmaceutical waste
deposited in a secure drug take-back bin.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 639 of NRS is hereby amended by adding
thereto a new section to read as follows:
1. A collector that maintains a secure drug take -back bin for
the collection and destruction of home -generated pharmaceutical
waste shall:
(a) Comply with all applicable state and federal laws and
regulations relating to the collection of home -generated
pharmaceutical waste for destruction in secure drug take -back
bins;
(b) Ensure that the secure drug take -back bin is placed in a
location that is regularly monitored by employees of the collector;
(c) Ensure that conspicuous signage is posted on the secure
drug take -back bin that clearly notifies customers as to the
substances that are and are not acceptable for deposit into the bin;
(d) Ensure that public access to the secure drug take -back bin
is limited to hours during which employees of the collector are
present and able to monitor the operation of the secure drug take -
back bin;
(e) Regularly inspect the secure drug take -back bin and the
area surrounding the secure drug take -back bin for potent ial
tampering or diversion;
(f) Maintain a record of inspections conducted pursuant to
paragraph (e) that must:
(1) Be documented in writing or electronically and may be
combined with records required to be maintained by other state or
federal laws or regulations;
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(2) Include the date and time of each inspection; and
(3) Include the initials of the employee who conducted each
inspection;
(g) Retain each record maintained pursuant to paragraph (f)
and any other record relating to the secure drug tak e-back bin
required by state or federal laws or regulations for at least 2 years
after the date of the event to which the record pertains; and
(h) Notify at least one local law enforcement agency of any
suspected or known tampering or theft or significant loss of
controlled substances that occurs while the secure drug take -back
bin is under the control of the collector not later than 1 business
day after the date on which the tampering, theft or significant loss
is suspected or discovered.
2. A collector shall not receive compensation from a customer
of the collector to maintain a secure drug take -back bin or to
perform any act required by subsection 1.
3. Any collector that maintains a secure drug take -back bin
and complies with the provisions of subse ctions 1 and 2 is not
subject to any:
(a) Disciplinary action by the Board for any injury or harm
that directly results from the collector maintaining a secure drug
take-back bin on its premises, unless the injury or harm directly
results from the gross n egligence or willful and wanton
misconduct of the collector; or
(b) Restriction established by the governing body of a county,
city or other local governmental entity that would affect the
collection, transportation, treatment or destruction of the conten ts
of a secure drug take-back bin pursuant to this section.
4. Nothing in this section shall be construed to require any
entity that:
(a) May qualify as a collector to acquire, maintain or make
available to the public a secure drug take-back bin on its premises;
or
(b) Has entered into an agreement to collect and dispose of
solid waste as part of a solid waste management system to collect
and dispose of the contents of secure drug take -back bins, unless
the agreement or plan expressly provides for such collection and
disposal.
5. The Board may adopt regulations necessary to carry out
the provisions of this section.
6. As used in this section:
(a) “Collector” means an entity that is:
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(1) Authorized by and registered with the Drug
Enforcement Administration to receive a controlled substance for
the purpose of destruction; and
(2) In good standing with the Board.
(b) “Home-generated pharmaceutical waste” means a
pharmaceutical that is no longer wanted or needed by the
consumer, including, without limitation, in the form of pills,
liquids, inhalers, topical creams, suppositories or patches.
(c) “Local law enforcement agency” means:
(1) The sheriff’s office of a county;
(2) A metropolitan police department; or
(3) A police department of an incorporated city.
(d) “Maintain” means to own, lease, operate or otherwise host
a secure drug take-back bin.
(e) “Pharmaceutical” means a drug intended for human or
veterinary use, regardless of whether the drug is sold with or
without a prescription. The term includes, without limitation,
controlled substances listed in schedule II, III, IV or V. The term
does not include controlled substances listed in schedule I.
(f) “Secure drug take-back bin” means a collection receptacle
as described in 21 C.F.R. § 1317.75.
(g) “Solid waste management system” has the meaning
ascribed to it in NRS 444.500.
Sec. 2. 1. Notwithstanding any other provision of law to the
contrary, the Director of the Department of Health and Human
Services shall allocate $500,000 of the money in the Fund for a
Resilient Nevada created by NRS 433.732 to the State Board of
Pharmacy to assist collectors with the destruction of home -
generated pharmaceutical waste deposited in a secure drug take -
back bin.
2. As used in this section:
(a) “Collector” has the meaning ascribed to it in section 1 of this
act.
(b) “Home-generated pharmaceutical waste” has the meaning
ascribed to it in section 1 of this act.
(c) “Secure drug take-back bin” has the meaning ascribed to it in
section 1 of this act.
Sec. 3. 1. This section becomes effective upon passage and
approval.
2. Section 1 of this act becomes effective:
(a) Upon passage and approval for the purpose of adopting any
regulations and performing any preparatory administrative tasks that
are necessary to carry out the provisions of this act; and
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(b) On July 1, 2025, for all other purposes.
3. Section 2 of this act becomes effective on July 1, 2025.
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