Medication disposal program.

WORKING DRAFT

ORIGINAL SENATE

FILE

NO.
0106

ENROLLED ACT NO. 86, SENATE

SIXTIETH LEGISLATURE OF THE STATE OF
WYOMING
2009 GENERAL SESSION

AN ACT relating to
public health and safety; amending the drug donation program; providing for
drop off and disposal of unused and expired prescription drugs;
providing for nonliability for acts under the program as specified;
providing an appropriation; authorizing
a position;

and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 35
‑
7
‑
1603(a)
,
(b)
(intro), (ii), (iii)
,
(iv)
, by creating new paragraphs (vi) and (vii)
and by creating a new subsection (c)
and 35
‑
7
‑
1605(a) are
amended to read:

35
‑
7
‑
1603.

Drug donation, redispensing and disposal program established; minimum requirements.

(a)

The department shall establish pursuant to its rules and regulations a voluntary drug donation
and disposal

program
which allows designated providers to accept and
dispense donated medications to
Wyoming
residents

as provided in this section
.

(b)

The drug donation
and redispensing
program shall have the following features:

(ii)

Drugs may be donated

at
a donation site maintained by the department
, a take back event approved by the United States drug enforcement agency
or at
a physician's office, a pharmacy or
a
health care facility that elects to participate in the program and meets criteria established by the department;

(iii)

Drugs shall be
accepted or dispensed

redispensed
under the drug donation program only if they are in their original, unopened, sealed packaging or, if the outside packaging is opened, the contents are single unit doses that are individually contained in unopened, tamper evident packaging;

(iv)

A drug shall not be
accepted or
dispensed

if
it
bears an expiration date that is earlier than six

months after the date the drug was donated

redispensed within two (2) months of its
expiration
date
or
if

the
drug appears to be adulterated or misbranded in any way;

(vi)

Drugs shall be delivered
either
to the department
's central collection facility
, a take back event approved by the
United States
drug enforcement agency or
one
(1)
of its regional collection facilities;

(vii)

Drugs available for redispensing shall be
i
nventoried
and
posted on a
list
of drugs available for redispensing
on the department's
internet website
.

(c)

The drug drop off and disposal program shall have the following features:

(i)

Drop off locations
shall be
located with donation sites as provided in paragraph (b)(i
i
) of this section

or local law enforcement agencies approved by the
United States
drug enforcement agency to the extent necessary under federal law
;

(ii)

Pr
ocedures shall be maintained
for the documentation of
all
collected unused medication
;

(iii)

P
roce
dures shall be maintained
for the environmentally safe disposal of unused medications
;

(iv)

The department shall provide for p
ublic education of potential participating consumers
about the availability of the drug disposal program and
proper and effective disposal of unused medications
;

(v)

The department shall cooperate with law enforcement agencies t
o the extent required
for the
collection under law enforcement supervision or the
secure collection, storage, transport and destruction of controlled substances.

35-7-1605.

Participant immunity.

(a)

In the absence of bad faith, a
ny person who
exercises reasonable care

participates
in donating, accepting, distributing or dispensing drugs under this act shall be immune from civil or criminal liability or professional disciplinary action of any kind for any related injury, death or loss.

No person, in the absence of bad faith, shall be liable for the bad faith of another relating to the provisions of this act.

Section 2.

(a)

There
is appropriated
one
hundred
twenty-eight

thousand
six hundred

ninety-six
dollars ($
128
,
696
.00)
from the
general
fund to the department
of health
. This appropriation shall be for the period beginning with the effective date of this act and ending June 30, 2010. This appropriation shall only be expended for the purpose of
the drug collection, redispensing and disposal program pursuant to W.S. 35
‑
7
‑
1603
. Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provi
ded by law on June 30, 2010.

(b)

The
department of health is
authorized
one
(
1
)
additional
full-time equivalent position to implement the purposes of this act.

Section
3
.

This act is effective July 1, 2009.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1