Section 195.265

Title XII PUBLIC HEALTH AND WELFARE

Chapter 195

Effective - 06 Jul 2018, see footnote   

  195.265.  Disposal of unused controlled substances, permitted methods — awareness program. — 1.  Unused controlled substances may be accepted from ultimate users, from hospice or home health care providers on behalf of ultimate users to the extent federal law allows, or from any person lawfully entitled to dispose of a decedent's property if the decedent was an ultimate user who died while in lawful possession of a controlled substance, through:

  (1)  Collection receptacles, drug disposal boxes, mail-back packages, and other means by a Drug Enforcement Agency-authorized collector in accordance with federal regulations, even if the authorized collector did not originally dispense the drug; or

  (2)  Drug take-back programs conducted by federal, state, tribal, or local law enforcement agencies in partnership with any person or entity.

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This subsection shall supersede and preempt any local ordinances or regulations, including any ordinances or regulations enacted by any political subdivision of the state, regarding the disposal of unused controlled substances.  For the purposes of this section, the term "ultimate user" shall mean a person who has lawfully obtained and possesses a controlled substance for his or her own use or for the use of a member of his or her household or for an animal owned by him or her or a member of his or her household.

  2.  By August 28, 2019, the department of health and senior services shall develop an education and awareness program regarding drug disposal, including controlled substances.  The education and awareness program may include, but not be limited to:

  (1)  A web-based resource that:

  (a)  Describes available drug disposal options, including take back, take-back events, mail-back packages, in-home disposal options that render a product safe from misuse, or any other methods that comply with state and federal laws and regulations, may reduce the availability of unused controlled substances, and may minimize the potential environmental impact of drug disposal;

  (b)  Provides a list of drug disposal take-back sites, which may be sorted and searched by name or location and is updated every six months by the department;

  (c)  Provides a list of take-back events and mail-back events in the state, including the date, time, and location information for each event and is updated every six months by the department; and

  (d)  Provides information for authorized collectors regarding state and federal requirements to comply with the provisions of subsection 1 of this section; and

  (2)  Promotional activities designed to ensure consumer awareness of proper storage and disposal of prescription drugs, including controlled substances.

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(L. 2018 S.B. 718 merged with S.B. 826 merged with S.B. 951)

Effective 7-06-18 (S.B. 718); 7-06-18 (S.B. 826); 8-28-18 (S.B. 951)