Drug take-back program

AN ACT Relating to modifying the drug take-back program by 1
modifying fee and enforcement regulations and addressing program 2
operator performance parity; amending RCW 69.48.100, 69.48.110, 3
69.48.120, 69.48.130, and 43.131.424; and adding a new section to 4
chapter 69.48 RCW. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
Sec. 1. RCW 69.48.100 and 2018 c 196 s 10 are each amended to 7
read as follows: 8
(1) By July 1st after the first full year of implementation, and 9
each July 1st thereafter, a program operator must submit to the 10
department a report describing implementation of the drug take-back 11
program during the previous calendar year. The report must include:12
(a) A list of covered manufacturers participating in the drug 13
take-back program; 14
(b) The amount, by weight, of covered drugs collected, including 15
the amount by weight from each collection method used;16
(c) The following details regarding the program's collection 17
system: A list of collection sites with addresses; the number of 18
mailers provided; locations where mailers were provided, if 19
applicable; dates and locations of collection events held, if 20
Z-0034.2
HOUSE BILL 1422
State of Washington 69th Legislature 2025 Regular Session
By Representatives Peterson, Davis, Thai, Ormsby, Hill, Macri, and
Timmons; by request of Department of Health
Read first time 01/20/25. Referred to Committee on Health Care &
Wellness.
p. 1 HB 1422
applicable; and the transporters and disposal facility or facilities 1
used; 2
(d) Whether any safety or security problems occurred during 3
collection, transportation, or disposal of covered drugs, and if so, 4
completed and anticipated changes to policies, procedures, or 5
tracking mechanisms to address the problem and improve safety and 6
security; 7
(e) A description of the public education, outreach, and 8
evaluation activities implemented; 9
(f) A description of how collected packaging was recycled to the 10
extent feasible; 11
(g) A summary of the program's goals for collection amounts and 12
public awareness, the degree of success in meeting those goals, and 13
if ((any)) the program's goals have not been met, ((what effort will 14
be made to achieve those goals the following year )) an explanation on 15
why the goals were not met; ((and))16
(h) The program's collection and public awareness goals for the 17
next year. Collection goals must be equal to, or exceed, the 18
reporting year collection goals, and be equal to, or exceed, the 19
lesser of:20
(i) Collection goals of the other program operators for the 21
upcoming reporting year;22
(ii) Actual collections of the other program operators for the 23
reporting year;24
(i) The program's annual expenditures, itemized by program 25
category; and26
(j) An estimated budget for the next year, itemized by program 27
category. If the estimated budget is less than 80 percent of the 28
reporting period's budget, the report must explain why the lower 29
budget will not result in less statewide access to the program or 30
less weight collected. 31
(2) Within thirty days after each annual period of operation of 32
an approved drug take-back program, the program operator shall submit 33
an annual collection amount report to the department that provides 34
the total amount, by weight, of covered drugs collected from each 35
collection site during the prior year. 36
(3) The department shall make reports submitted under this 37
section available to the public through the internet. The department 38
must include a description of the status of these reports, including 39
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whether they have been approved by the department under subsection 1
(4) of this section. 2
(4) The department shall evaluate reports submitted under this 3
section for compliance with this chapter, rules adopted under this 4
chapter, and the program operator's department-approved plan.5
(a) The department shall either approve reports or request 6
revisions to bring them into compliance with applicable law or the 7
program operator's department-approved plan. Revisions may include, 8
but are not limited to, requests to add an explanation for any 9
discrepancies between collected weight reported in collection reports 10
and weight collected at kiosks reported in annual reports.11
(b) Program operators must submit any requested revisions to the 12
department within 30 days. The department may initiate enforcement 13
action as authorized in RCW 69.48.110 if the revisions submitted by 14
the program operator do not comply with the applicable law or the 15
program operator's department-approved plan.16
Sec. 2. RCW 69.48.110 and 2018 c 196 s 11 are each amended to 17
read as follows: 18
(1) The department may audit or inspect the activities and 19
records of a drug take-back program to determine compliance with this 20
chapter, rules adopted under this chapter, or investigate a 21
complaint. Drug take-back programs must fully cooperate with the 22
department during an audit, inspection, or investigation.23
(2)(a) The department shall send a written notice to a covered 24
manufacturer that fails to participate in a drug take-back program as 25
required by this chapter. The notice must provide a warning regarding 26
the ((penalties)) department's authority to assess a civil fine for 27
violation of this chapter. 28
(b) ((A covered manufacturer that receives a notice under this 29
subsection (2) may be assessed a penalty if, sixty days after receipt 30
of the notice, the covered manufacturer continues to sell a covered 31
drug in or into the state without participating in a drug take-back 32
program approved under this chapter.33
(3)(a) The department may send a program operator a written 34
notice warning of the penalties for noncompliance with this chapter 35
if it determines that the program operator's drug take-back program 36
is in violation of this chapter or does not conform to the proposal 37
approved by the department. The department may assess a penalty on 38
the program operator and participating covered manufacturers if the 39
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program does not come into compliance by thirty days after receipt of 1
the notice. 2
(b) The department may immediately suspend operation of a drug 3
take-back program and assess a penalty if it determines that the 4
program is in violation of this chapter and the violation creates a 5
condition that, in the judgment of the department, constitutes an 6
immediate hazard to the public or the environment.7
(4)(a))) In accordance with RCW 43.70.095, the department may 8
assess a civil fine of up to $2,000 if, 60 days after receipt of the 9
notice, the covered manufacturer continues to sell a covered drug in, 10
or into, the state without participating in a drug take-back program 11
approved under this chapter. Each day upon which a violation occurs, 12
or is permitted to continue, constitutes a separate violation.13
(3)(a) The department shall send a written notice to a drug 14
wholesaler or a retail pharmacy that fails to provide a list of drug 15
manufacturers to the department as required by RCW 69.48.040. The 16
notice must provide a warning regarding the ((penalties)) 17
department's authority to assess a civil fine for violation of this 18
chapter. 19
(b) ((A drug wholesaler or retail pharmacy that receives a notice 20
under this subsection may be assessed a penalty if, sixty )) In 21
accordance with RCW 43.70.095, the department may assess a civil fine 22
of up to $2,000 if, 60 days after receipt of the notice, the drug 23
wholesaler or retail pharmacy fails to provide a list of drug 24
manufacturers. 25
(((5) In enforcing the requirements of this chapter, the 26
department:27
(a) May require an informal administrative conference;28
(b) May require a person or entity to engage in or refrain from 29
engaging in certain activities pertaining to this chapter;30
(c) May, in )) Each day upon which a violation occurs, or is 31
permitted to continue, constitutes a separate violation.32
(4)(a) Except as provided in subsection (5) of this section, the 33
department may send a program operator and participating covered 34
manufacturers a written notice warning of the department's authority, 35
including civil fine authority, if it determines that the program 36
operator's drug take-back program is in violation of this chapter, 37
rules adopted under this chapter, or violates the proposal approved 38
by the department.39
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(b) If the program operator's drug take-back program does not 1
come into compliance within 30 days after receipt of the written 2
notice warning, the department may do one, or a combination of the 3
following actions:4
(i) In accordance with RCW 43.70.095, assess a civil fine on the 5
program operator and participating covered manufacturers of up to 6
((two thousand dollars )) $2,000 per violation . Each day upon which a 7
violation occurs, or is permitted to continue , constitutes a separate 8
violation((. In determining the appropriate amount of the fine, the 9
department shall consider the extent of harm caused by the violation, 10
the nature and persistence of the violation, the frequency of past 11
violations, any action taken to mitigate the violation, and the 12
financial burden to the entity in violation; and13
(d) May not prohibit a covered manufacturer from selling a drug 14
in or into the state of Washington)); or15
(ii) Suspend, restrict, or impose reasonable conditions on the 16
approval of a program operator's drug take-back program.17
(5) If the department determines that a program operator's drug 18
take-back program is in violation of this chapter, the rules adopted 19
under this chapter, or violates the proposal approved by the 20
department, and the violation creates a condition that, in the 21
judgment of the department, constitutes an immediate hazard to the 22
public or the environment, the department may:23
(a) Immediately suspend operation of a drug take-back program; 24
and25
(b) In accordance with RCW 43.70.095, assess a civil fine of up 26
to $2,000. Each day upon which a violation occurs, or is permitted to 27
continue, constitutes a separate violation.28
(6) Except as otherwise provided, RCW 43.70.115 governs notice of 29
actions taken by the department under this section and provides the 30
right to an adjudicative proceeding. Adjudicative proceedings and 31
hearings are governed by the administrative procedure act, chapter 32
34.05 RCW. The application for an adjudicative proceeding must be in 33
writing, state the basis for contesting the adverse action, include a 34
copy of the department's notice, be served on and received by the 35
department within 28 days of the person's receipt of the adverse 36
notice, and be served in a manner that shows proof of receipt.37
(7) In determining the appropriate amount of the civil fine to 38
assess under subsections (2), (3), (4), and (5) of this section, the 39
department shall consider the extent of harm caused by the violation, 40
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the nature and persistence of the violation, the frequency of past 1
violations, any action taken to mitigate the violation, and the 2
financial burden to the entity in violation. 3
(8) In enforcing the requirements of this chapter, the department 4
may:5
(a) Require an informal administrative conference;6
(b) Require a person or entity to engage in or refrain from 7
engaging in certain activities pertaining to this chapter; and8
(c) Not prohibit a covered manufacturer from selling a drug in or 9
into the state of Washington. 10
Sec. 3. RCW 69.48.120 and 2021 c 155 s 5 are each amended to 11
read as follows: 12
(1)(a) The department shall ((: Determine its costs for the 13
administration, oversight, and enforcement of the requirements of 14
this chapter, including, but not limited to, a fee for proposal 15
review, and the survey required under RCW 69.48.200; pursuant to RCW 16
43.70.250,)) set fees including, but not limited to, an annual 17
operating fee, a fee for proposal review, and the survey required 18
under RCW 69.48.200, at a level sufficient to ((recover)) cover the 19
costs associated with administration, oversight, and enforcement; and 20
adopt rules establishing requirements for program operator proposals.21
(b) ((The department shall not impose any fees in excess of its 22
actual administrative, oversight, and enforcement costs. The fees 23
collected from each program operator in calendar year 2020 and any 24
subsequent year may not exceed ten percent of the program's annual 25
expenditures as reported to the department in the annual report 26
required by RCW 69.48.100 and determined by the department.27
(c) Adjustments to the department's fees may be made annually and 28
shall not exceed actual administration, oversight, and enforcement 29
costs. Adjustments for inflation may not exceed the percentage change 30
in the consumer price index for all urban consumers in the United 31
States as calculated by the United States department of labor as 32
averaged by city for the twelve-month period ending with June of the 33
previous year.34
(d))) The annual operating fee set by the department shall be 35
evenly split amongst each approved program operator.36
(((e))) (c) The department shall collect annual operating fees 37
from each program operator by October 1, 2019, and annually 38
thereafter. 39
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(((f) Between July 25, 2021, and January 1, 2024, the department 1
shall collect a nonrefundable one-time fee of $157,000 for review of 2
proposals from each potential program operator applicant as provided 3
in RCW 69.48.050.))4
(2) All fees collected under this section must be deposited in 5
the secure drug take-back program account established in RCW 6
69.48.130. 7
Sec. 4. RCW 69.48.130 and 2018 c 196 s 13 are each amended to 8
read as follows: 9
The secure drug take-back program account is created in the state 10
treasury. All receipts received by the department under this chapter 11
must be deposited in the account. Moneys in the account may be spent 12
only after appropriation. Expenditures from the account may be used 13
by the department only for administering and enforcing this chapter , 14
except that civil fines and payments made under section 5 of this act 15
that are deposited into this account may also be used by the 16
department to support department programs that:17
(1) Further the legislative findings in RCW 69.48.010;18
(2) Prevent opioid and other drug misuse;19
(3) Identify and treat drug misuse and stimulant use disorder;20
(4) Ensure and improve the health and wellness of people who use 21
opioids and other drugs;22
(5) Use data and information to detect opioid misuse or abuse, 23
monitor illness, injury, and death, and evaluate interventions; and24
(6) Support individuals in recovery. 25
NEW SECTION. Sec. 5. A new section is added to chapter 69.48 26
RCW to read as follows: 27
(1) Program operators' drug take-back programs must meet all the 28
requirements of this chapter, rules adopted under this chapter, and 29
any department-approved plan, independent of any other drug take-back 30
programs. Program operators must each successfully implement their 31
drug take-back program each year. 32
(2) For each program operator, the weight of covered drugs, in 33
pounds, collected by a drug take-back program should be roughly 34
equivalent to the weight of covered drugs, in pounds, collected by 35
the other program operators as reported in the respective program 36
operators' most recent annual report required by RCW 69.48.100.37
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(3) For each individual program operator, the weight of covered 1
drugs, in pounds, collected by the drug take-back program should be 2
equal to or greater than the weight of covered drugs collected by 3
that program operator as reported in the program operator's most 4
recent annual report required by RCW 69.48.100. 5
(4) Upon evaluation of a program operator's annual program report 6
required by RCW 69.48.100, the department, in accordance with RCW 7
43.70.095, may calculate and assess civil fines against the program 8
operator based on the following: 9
(a) If the weight, in pounds, of covered drugs collected by a 10
drug take-back program is less than 80 percent of the highest weight, 11
in pounds, of covered drugs collected by another program operator, as 12
reported on the annual program report for the same year, then the 13
department will determine the civil fine to be assessed by:14
(i) Calculating the difference in pounds between the program 15
operator and the highest amount collected by a program operator, as 16
reported on the program operator's annual report; and17
(ii) Then multiply the difference in collection weight, in 18
pounds, by the average collection cost per pound of all program 19
operators combined. The average collection cost per pound of all 20
program operators combined must be determined by reference to the 21
program operators' annual reports. 22
(b) If the weight, in pounds, of covered drugs collected by a 23
drug take-back program as reported on the annual program report is 24
less than 90 percent of the collection weight goal established by the 25
program operator in the previous year's annual program report, then 26
the department must determine the civil fine to be assessed by:27
(i) Calculating the difference in pounds between the program 28
operator's collection weight for the reporting period and the goal 29
collection weight for the reporting period listed in the previous 30
year's annual program report; and 31
(ii) Multiplying the difference in collection weight, in pounds, 32
by the average collection cost per pound of all program operators 33
combined. The average collection cost per pound of all program 34
operators combined must be determined by reference to the program 35
operators' annual reports. 36
(5) For the purposes of this section, "roughly equivalent" means 37
that the weight, in pounds, of covered drugs collected by a drug 38
take-back program, as reported in the program's annual program 39
report, is at least 80 percent or more of the heaviest weight, in 40
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pounds, of covered drugs collected by any program operator as 1
reported in that program's annual program report. 2
(6) Any civil fines paid by a program operator under subsection 3
(4) of this section must be considered part of the drug take-back 4
program's overall costs, and be included as an independent 5
expenditure category in the annual report required by RCW 6
69.48.100(1). 7
Sec. 6. RCW 43.131.424 and 2021 c 155 s 7 are each amended to 8
read as follows: 9
The following acts or parts of acts, as now existing or hereafter 10
amended, are each repealed, effective January 1, 2030:11
(1) RCW 69.48.010 and 2021 c 155 s 1 & 2018 c 196 s 1;12
(2) RCW 69.48.020 and 2018 c 196 s 2; 13
(3) RCW 69.48.030 and 2018 c 196 s 3; 14
(4) RCW 69.48.040 and 2018 c 196 s 4; 15
(5) RCW 69.48.050 and 2021 c 155 s 3 & 2018 c 196 s 5;16
(6) RCW 69.48.060 and (([2021 c 65 s 64 &] )) 2021 c 65 s 642 & 17
2018 c 196 s 6; 18
(7) RCW 69.48.070 and 2021 c 155 s 4 & 2018 c 196 s 7;19
(8) RCW 69.48.080 and 2018 c 196 s 8; 20
(9) RCW 69.48.090 and 2018 c 196 s 9; 21
(10) RCW 69.48.100 and 2025 c ... s 1 (section 1 of this act) & 22
2018 c 196 s 10; 23
(11) RCW 69.48.110 and 2025 c ... s 2 (section 2 of this act) & 24
2018 c 196 s 11; 25
(12) RCW 69.48.120 and 2025 c ... s 3 (section 3 of this act), 26
2021 c 155 s 5, & 2018 c 196 s 12; 27
(13) RCW 69.48.130 and 2025 c ... s 4 (section 4 of this act) & 28
2018 c 196 s 13; 29
(14) RCW 69.48.140 and 2018 c 196 s 14; 30
(15) RCW 69.48.150 and 2018 c 196 s 15; 31
(16) RCW 69.48.160 and 2018 c 196 s 16; 32
(17) RCW 69.48.170 and 2018 c 196 s 17; 33
(18) RCW 69.48.180 and 2018 c 196 s 18; 34
(19) RCW 69.48.190 and 2018 c 196 s 19; ((and))35
(20) RCW 69.48.200 and 2018 c 196 s 20; and36
(21) RCW 69.48.--- and 2025 c ... s 5 (section 5 of this act).37
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