Relating to a pilot program for the safe disposal of prescription drugs, including controlled substance prescription drugs.

89(R) SB 1263 - House Committee Report version - Bill Text

By: Alvarado, et al.

S.B. No. 1263

(Guillen)

A BILL TO BE ENTITLED

AN ACT

relating to a pilot program for the safe disposal of prescription

drugs, including controlled substance prescription drugs.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 442A.001, Health and Safety Code, is

amended to read as follows:

Sec. 442A.001. DEFINITIONS. In this chapter:

(1)
"Collection receptacle" means a receptacle as

described by 21 C.F.R. Section 1317.75
[
"Board" means the Texas

State Board of Pharmacy
].

(2)
"Commission" means the Health and Human Services

Commission.

(3)
"Controlled substance" has the meaning assigned by

Section 481.002.

(4)

"Department" means the Department of State Health

Services.

(5)
[
(3)
] "Pharmacy" means a facility licensed under

Chapter 560, Occupations Code.

(6)
[
(4)
] "Pilot program" means the prescription drug

safe disposal pilot program established under this chapter.

(7)
[
(5)
] "Prescription drug" has the meaning

assigned by Section 551.003, Occupations Code.

(8)
[
(6)
] "Ultimate user" has the meaning assigned by

21 U.S.C. Section 802.

SECTION 2. Section 442A.002, Health and Safety Code, is

amended to read as follows:

Sec. 442A.002. PRESCRIPTION DRUG SAFE DISPOSAL PILOT

PROGRAM. The
executive commissioner of the commission
[
board
] by

rule shall develop and implement a prescription drug safe disposal

pilot program
administered by the department
to increase the number

of
collection receptacles
[
locations
] in this state where unused,

unwanted, or expired prescription drugs are collected from the

public for safe disposal.

SECTION 3. Section 442A.051, Health and Safety Code, is

amended to read as follows:

Sec. 442A.051. PHARMACY ELIGIBILITY. A pharmacy operating

in this state may apply to the
department
[
board
] to participate in

the pilot program if the pharmacy:

(1) is
eligible to register
[
registered
] as an

authorized drug collection site with the United States Drug

Enforcement Administration;
and

(2) [
is not the subject of state or federal opioid

litigation; and

[
(3)
] meets the eligibility requirements established

by 21 C.F.R. Section 1317.40 [
and board rules
].

SECTION 4. Section 442A.052, Health and Safety Code, is

amended to read as follows:

Sec. 442A.052. APPLICATION AND SELECTION PROCESSES. (a)

The
department
[
board
] shall
prescribe
[
adopt rules prescribing:

[
(1)
] the form and manner for a pharmacy to apply for

participation in the pilot program[
; and

[
(2)

evaluation and selection criteria and

processes
].

[
(b)
] The
department
[
board
] shall give priority
for

participation in the pilot program
to a pharmacy applicant that:

(1) does not collect unused ultimate user prescription

drugs under 21 C.F.R. Part 1317 at the time the applicant submits

the application; or

(2) is located in a rural or underserved area the

department
[
board
] designates.

(b)
[
(c)
] A pharmacy that operates multiple locations
may

[
must
] submit
one
[
an
] application
to apply for the program for all

of the locations, provided the application contains information

specific to each location, including the physical address, phone

number, location name, and pharmacy manager's name
[
for each

location
].
Each location is separately evaluated for

prioritization under Subsection (a).

SECTION 5. Section 442A.053(b), Health and Safety Code, is

amended to read as follows:

(b) Controlled substance prescription drugs
,
[
and
]

noncontrolled substance prescription drugs
, and over-the-counter

drugs
may be collected together and comingled.

SECTION 6. Section 442A.055, Health and Safety Code, is

amended to read as follows:

Sec. 442A.055. PHARMACY MANAGEMENT; RECORDS. A

participating pharmacy is responsible for the daily management and

recordkeeping of the pharmacy's prescription drug safe disposal

program in accordance with the pharmacy's United States Drug

Enforcement Administration registration [
and board rules
].

SECTION 7. The heading to Subchapter C, Chapter 442A,

Health and Safety Code, is amended to read as follows:

SUBCHAPTER C.
DEPARTMENT
[
BOARD
] DUTIES

SECTION 8. Sections 442A.101(a) and (b), Health and Safety

Code, are amended to read as follows:

(a) The
department
[
board
] shall assist each pharmacy

participating in the pilot program, including by paying [
the costs

of
]:

(1)
the costs of
maintaining one collection receptacle

at each participating pharmacy location and destroying through

incineration of the receptacle's full inner liner
containing
the

prescription drugs
collected
[
deposited
] in the receptacle;
and

(2)
a one-time fee to offset the initial costs of

program participation
[
ordering and distributing pre-addressed,

return postage paid mail-back envelopes from a third-party

mail-back program and destroying through incineration the returned

mail-back envelopes containing the collected prescription drugs;

and

[
(3)

other operational needs the board determines

appropriate
].

(b) The
department may contract with a reverse distributor

registered with the United States Drug Enforcement Administration

to install the collection receptacles at participating pharmacy

locations and to treat at an incineration facility registered with

the United States Drug Enforcement Administration the drugs

collected in the receptacles
[
board:

[
(1)

shall directly reimburse a participating

pharmacy for costs the pharmacy incurs under Subsection (a); and

[
(2)

may not reimburse a participating pharmacy for

the cost of using a third-party incineration facility unless the

facility is appropriately registered with the United States Drug

Enforcement Administration
].

SECTION 9. Section 442A.102, Health and Safety Code, is

amended to read as follows:

Sec. 442A.102. COMMUNITY OUTREACH. (a) The
department

[
board
] shall:

(1) develop and distribute educational outreach

materials for the public about the availability of safe

prescription drug disposal in this state;

(2) post the materials on the
department's
[
board's
]

Internet website; [
and
]

(3) provide the materials to other state agencies
,

including the Texas State Board of Pharmacy,
for those agencies to

conduct the community outreach
; and

(4)

create education materials for voluntary use by a

participating pharmacy
.

(b) The educational outreach materials must be in English,

Spanish, and for specific areas of this state as the
department

[
board
] determines appropriate, another language spoken by a

substantial portion of the area's residents.

SECTION 10. Section 442A.103, Health and Safety Code, is

amended to read as follows:

Sec. 442A.103. REPORT. Not later than December 1 of each

even-numbered year, the
department
[
board
] shall submit to the

governor and the legislature a report that:

(1) summarizes the results of the pilot program,

including:

(A) the number and geographic distribution of

collection receptacles at participating pharmacies;

(B) the estimated amount of prescription drugs

collected by participating pharmacies under the program, measured

by:

(i) the number of inner liners fully filled

with collected prescription drugs and sent for incineration by the

pharmacies;
and

(ii) [
the number of mail-back envelopes

distributed by the pharmacies; and

[
(iii)
] the weight, measured in pounds, of

the
[
:

[
(a)
] inner liners described by

Subparagraph (i)[
; and

[
(b)

returned mail-back envelopes

filled with collected prescription drugs
];

(C) the
cost of the pilot program;

(D)
[
amount of money distributed under the pilot

program and
] the identity of each participating pharmacy to which

money is distributed; and

(E)
[
(D)
] a description of the
department's

[
board's
] educational efforts and outcomes; and

(2) recommends whether the pilot program should

continue, be expanded, or terminate or whether the
department

[
board
] should permanently implement a prescription drug safe

disposal program.

SECTION 11. Section 442A.151, Health and Safety Code, is

amended to read as follows:

Sec. 442A.151. FUNDING. (a) Money contained in the opioid

abatement account established under Section 403.505, Government

Code[
, as added by Chapter 781 (S.B. 1827), Acts of the 87th

Legislature, Regular Session, 2021
],
shall
[
may
] be appropriated to

the
department
[
board
] to fund the pilot program established under

this chapter.

(b) The
department
[
board
] may collect gifts, grants, and

donations to fund the program.

SECTION 12. Sections 442A.056 and 442A.101(c), Health and

Safety Code, are repealed.

SECTION 13. As soon as practicable after the effective date

of this Act, the executive commissioner of the Health and Human

Services Commission shall adopt rules to allow the Department of

State Health Services to implement the prescription drug safe

disposal pilot program developed under Chapter 442A, Health and

Safety Code, as required by this Act.

SECTION 14. This Act takes effect September 1, 2025.