21 U.S.C. § 822a (FOOD AND DRUGS)
§ 822a. Prescription drug take back expansion
(a) Definition of covered entity
In this section, the term “covered entity” means—
(1) a State, local, or tribal law enforcement agency;
(2) a manufacturer, distributor, or reverse distributor of prescription medications;
(3) a retail pharmacy;
(4) a registered narcotic treatment program;
(5) a hospital or clinic with an onsite pharmacy;
(6) an eligible long-term care facility; or
(7) any other entity authorized by the Drug Enforcement Administration to dispose of prescription medications.
(b) Program authorized
The Attorney General, in coordination with the Administrator of the Drug Enforcement Administration, the Secretary of Health and Human Services, and the Director of the Office of National Drug Control Policy, shall coordinate with covered entities in expanding or making available disposal sites for unwanted prescription medications.
(Pub. L. 114–198, title II, § 203, July 22, 2016, 130 Stat. 717.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Comprehensive Addiction and Recovery Act of 2016, and not as part of the Controlled Substances Act which comprises this subchapter.
heading: Statutory Notes and Related Subsidiaries
heading: Access to Increased Drug Disposal
text: Pub. L. 115–271, title III, subtitle B, ch. 6, Oct. 24, 2018, 132 Stat. 3950, provided that:
“SEC. 3251. SHORT TITLE.
“This chapter may be cited as the ‘Access to Increased Drug Disposal Act of 2018’.
“SEC. 3252. DEFINITIONS.
“In this chapter—
“(1) the term ‘Attorney General’ means the Attorney General, acting through the Assistant Attorney General for the Office of Justice Programs;
“(2) the term ‘authorized collector’ means a narcotic treatment program, a hospital or clinic with an on-site pharmacy, a retail pharmacy, or a reverse distributor, that is authorized as a collector under section 1317.40 of title 21, Code of Federal Regulations (or any successor regulation);
“(3) the term ‘covered grant’ means a grant awarded under section 3003 [probably means section 3253; no section 3003 of Pub. L. 115–271 has been enacted]; and
“(4) the term ‘eligible collector’ means a person who is eligible to be an authorized collector.
“SEC. 3253. AUTHORITY TO MAKE GRANTS.
“The Attorney General shall award grants to States to enable the States to increase the participation of eligible collectors as authorized collectors.
“SEC. 3254. APPLICATION.
“A State desiring a covered grant shall submit to the Attorney General an application that, at a minimum—
“(1) identifies the single State agency that oversees pharmaceutical care and will be responsible for complying with the requirements of the grant;
“(2) details a plan to increase participation rates of eligible collectors as authorized collectors; and
“(3) describes how the State will select eligible collectors to be served under the grant.
“SEC. 3255. USE OF GRANT FUNDS.
“A State that receives a covered grant, and any subrecipient of the grant, may use the grant amounts only for the costs of installation, maintenance, training, purchasing, and disposal of controlled substances associated with the participation of eligible collectors as authorized collectors.
“SEC. 3256. ELIGIBILITY FOR GRANT.
“The Attorney General shall award a covered grant to 5 States, not less than 3 of which shall be States in the lowest quartile of States based on the participation rate of eligible collectors as authorized collectors, as determined by the Attorney General.
“SEC. 3257. DURATION OF GRANTS.
“The Attorney General shall determine the period of years for which a covered grant is made to a State.
“SEC. 3258. ACCOUNTABILITY AND OVERSIGHT.
“A State that receives a covered grant shall submit to the Attorney General a report, at such time and in such manner as the Attorney General may reasonably require, that—
“(1) lists the ultimate recipients of the grant amounts;
“(2) describes the activities undertaken by the State using the grant amounts; and
“(3) contains performance measures relating to the effectiveness of the grant, including changes in the participation rate of eligible collectors as authorized collectors.
“SEC. 3259. DURATION OF PROGRAM.
“The Attorney General may award covered grants for each of the first 5 fiscal years beginning after the date of enactment of this Act [Oct. 24, 2018].
“SEC. 3260. AUTHORIZATION OF APPROPRIATIONS.
“There is authorized to be appropriated to the Attorney General such sums as may be necessary to carry out this chapter.”