Prescription Opioids: Patient Options for Safe and Effective Disposal of Unused Opioids
Released: 2019-09-03T00:00:00

Letter

Background

Opioids, such as hydrocodone and oxycodone, can be prescribed to treat both acute and chronic pain. Opioids can pose serious risks when they are misused. These risks include addiction, overdose, and death. As a result, opioids are classified as controlled substances, which means that their use and disposal are subject to additional oversight by DEA.

Some studies suggest that the majority of patients who received prescriptions for opioids often do not use a large portion of the drugs dispensed. A study that surveyed U.S. adults who had received opioids found that approximately 60 percent of patients who were no longer using the medication had unused opioids. Two studies reported that over one- half of patients did not use all of the opioids prescribed to them after surgery; these studies found that patients reported leaving 15 to 20 pills unused, representing 54 percent to 72 percent of the opioids they were prescribed. Another study on patient opioid use after a cesarean section and thoracic surgery found that most patients, 83 percent and 71 percent respectively, used less than half of the total opioids they were prescribed.

Federal Authorities

There is no federal law or regulation imposing requirements for how patients are to dispose of unused opioids. However, DEA, FDA, and EPA all have authorities and initiatives related to patient disposal of opioids.

DEA regulations specify three take-back options that patients can opt to use to dispose of their unused controlled substances: take-back events, permanent collection sites, and mail-back programs. DEA hosts semi- annual events called National Prescription Drug Take-Back Days, where temporary collection sites are set up in locations such as police stations. Advertisements encourage community participation in the events and educate the community on safe disposal of unused medications, including opioids. DEA also registers collectors and provides information to the public about the location of permanent collection sites for take-back, such as at local retail pharmacies or hospital pharmacies, and sets requirements for the provision of postage-paid envelopes that patients can use to mail unused drugs to a collector for destruction.

DEA regulations establish a standard for the destruction of controlled substances that applies to DEA registrants, which can destroy opioids on patients’ behalf. DEA registrants include pharmaceutical companies that manufacture controlled substances, health care providers who prescribe them, and pharmacies that dispense them. The standard for destruction requires that controlled substances maintained or collected by DEA registrants be rendered non-retrievable. This means that the physical and chemical conditions of the controlled substance must be permanently altered, thereby rendering the controlled substance unavailable and unusable for all practical purposes. According to DEA, as of May 2019, the only method currently used to meet this standard is incineration, and DEA rulemaking states that DEA will not evaluate, review, or approve methods used to render a controlled substance non-retrievable.

FDA has broad authority under the Federal Food, Drug, and Cosmetic Act to evaluate whether a drug is safe and effective and ensure the benefits of drugs outweigh the risks. FDA may require manufacturers to develop a risk evaluation and mitigation strategy (REMS) for drugs with serious safety risks, including the risk of abuse, to ensure that the benefits outweigh the risks. Under one REMS, for example, manufacturers of opioids intended for outpatient use must make training available to health care providers involved in the treatment and monitoring of patients who receive opioids. The training must contain certain elements, including how providers should counsel patients and caregivers about the safe use and disposal of these opioids, among other things.

In October 2018, the SUPPORT Act authorized FDA to, at its discretion, require specific packaging or disposal systems as a part of certain drugs’ REMS. For drugs with a serious risk of overdose or abuse, FDA may require the drug to be made available for dispensing to certain patients with “safe disposal packaging” or a “safe disposal system” for purposes of rendering the drug non-retrievable in accordance with DEA regulations. Before imposing these requirements, FDA must consider the potential burden on patient access to the drug and the health care delivery system. As of May 2019, FDA had not imposed any REMS requirements using the new SUPPORT Act authority.

Under the Resource Conservation and Recovery Act (RCRA), EPA has authority to regulate the generation, transportation, treatment, storage, and disposal of hazardous waste, including certain discarded opioids. However, hazardous waste pharmaceuticals generated by households are not regulated as hazardous waste even if the waste would otherwise be considered hazardous. Opioids and other household waste pharmaceuticals collected through a take-back option are also exempt from most hazardous waste regulations, provided certain conditions are met. Some states and localities have imposed additional requirements for pharmaceutical disposal, such as requirements for drug manufacturers to manage or fund the disposal of collected household pharmaceuticals.

Federal Agencies Recommend Take- Back Options as the Preferred Disposal Method

Federal Agencies Recommend Take-Back Options Whenever Feasible, Followed by Disposal Using the Toilet or Trash

According to DEA, FDA, and EPA, patients should use take-back options to dispose of unused opioids, whenever feasible. Only if take-back options are not feasible, FDA recommends flushing opioids on FDA’s flush list down the toilet to remove them from the home as soon as possible. For opioids not on the flush list, the agencies recommend placing the drugs in the household trash mixed with an unpalatable substance. (See fig. 1). Officials from FDA said that the primary goal of these recommendations is to remove dangerous substances from the home as soon as possible to reduce accidental poisoning, which also may address issues related to intentional misuse. FDA officials explained that the agency has not measured the effects of its recommendations for disposing of opioids on opioid misuse, as of May 2019, because it is difficult to establish a causal link between the recommendations and any reductions in misuse.

DEA, FDA, and EPA recommend using a take-back option as the preferred method for patients to dispose of unused prescription opioids. Under this method, patients can bring unused opioids to DEA’s semi- annual take-back events or to DEA-registered permanent collection sites, or use mail-back to deliver opioids to a DEA-registered collector for destruction. When patients use these take-back options, the drugs they dispose of are ultimately incinerated, which is the only method that DEA officials said is known to render the drugs non-retrievable, that is, permanently and irreversibly destroyed.

Our analysis of DEA and U.S. Census Bureau data shows that as of April 2019, 71 percent of the country’s population lived less than 5 miles from a permanent collection site, and in 42 states, at least half of the population lived within 5 miles of a site. (See fig. 2). This number has increased since our April 2017 report, when we found that about half of the country’s population lived less than 5 miles away from a site. Our analysis also shows that 90 percent of the population lived within 15 miles of a site, though in rural areas only 57 percent lived within 15 miles. In addition, two studies found that patients were willing to bring unused opioids to a take-back location as long as it was located within 5 to 8 miles of their home address.

If take-back options are not feasible, FDA recommends flushing the opioids on its flush list down the toilet, because a single dose can be fatal to a child or a pet. Flushing is a permanent way to remove opioids from the home. FDA confirmed that as of June 2019, 11 of 14 drugs on the flush list are opioids, which represents about three-quarters of the approved opioid active ingredients intended for outpatient use (see sidebar). Some portion of drugs that are flushed down the toilet ultimately enter surface and wastewater streams. However, a 2017 FDA study on the environmental impact of drugs listed on the flush list concluded that flushing these opioids has negligible effects on the environment and human health, particularly relative to the amount of opioids that are excreted after taking them as prescribed, because not all of the drug is metabolized. (See text box for a summary of the effects of disposal options on the environment.)

Environmental Effects of Disposal Options The environmental impact of opioid disposal depends on the method used—take-back options, flushing, or trash. According to Environmental Protection Agency (EPA) and Drug Enforcement Agency (DEA) officials, disposal of drugs through take-back options results in disposal by permitted incineration, which fully destroys the active form of the drugs. EPA officials told us that flushing or placing opioids in the trash can introduce active opioids into wastewater streams, groundwater, and surface waters. Incineration of Drugs from Take-Back Options. Opioids disposed of using take-back options are destroyed by incineration, which, according to DEA officials, is the only method currently used to meet its non-retrievable standard for destruction. EPA officials told us that based on data from DEA, the amount of household pharmaceutical waste gathered and incinerated during DEA’s semi-annual take-back events is small compared to the total amount of waste one incinerator burns on an average day. EPA officials recommended take-back options as the preferred method of opioid disposal. Flushing. Opioids enter the water supply when excreted by patients who take opioids as prescribed and when patients intentionally flush unused opioids down the toilet. EPA officials told us that most wastewater treatment facilities are not designed to eliminate opioids from wastewater streams. Further, measureable concentrations of opioids have been reported in surface and ground water sources around the world. Trash. Disposal of unused opioids in the trash often introduces opioids into landfills. Studies in scientific literature show that pharmaceutical ingredients have been observed in the water that passes through landfills, called leachate. Similar to opioids that are flushed, opioids in landfill leachate can end up in wastewater streams and other water sources, according to EPA officials.

Household Trash

If an opioid is not on the FDA flush list and a take-back option is not feasible, the agencies direct patients to take a series of steps to dispose of their opioids in household trash by: (1) mixing the drugs in an unpalatable substance such as dirt, cat litter, or used coffee grounds, (2) placing the mixture in a sealed container or plastic bag, and (3) throwing the container in the trash.

An EPA official said that mixing the drugs with an unpalatable substance is meant to deter misusers from searching through the trash to retrieve the drugs. Disposal of opioids in the trash—either with an unpalatable substance or in-home disposal product—removes them from the home, but this option may not be permanent and the drugs still may be available for misuse. Drugs that are disposed in the trash ultimately are introduced to landfills, where they can escape landfill containment and enter wastewater streams or ground water sources.

FDA Has Not Evaluated Commercial Disposal Methods

FDA’s website notes the availability of commercial products for disposing of unused opioids and other drugs in the home. FDA officials stated that, as of May 2019, the agency had not evaluated the effectiveness of these products or made any recommendations related to their use, but they are aware that patients may opt to use these products. These products, known as in-home disposal products, are proprietary substances that patients can mix with their unused drugs, including opioids, before disposing of them in the trash. In-home disposal product vendors told us they sell or donate their products to pharmacies, local law enforcement, and community groups, which then distribute them to patients. A representative from a group that distributes these products, the AmerisourceBergen Foundation, noted that in-home disposal products may be a convenient option for patients for whom take-back options are not feasible, and marketing materials from a product vendor instruct patients to use their product if a take-back option is not available. Vendors indicate that their products can prevent misuse of opioids by rendering drugs non-retrievable at home and by motivating patients to dispose of unused opioids. According to DEA officials, rendering opioids non-retrievable by using an in-home disposal product is challenging, because the drugs have a variety of chemical and physical properties and potencies. Furthermore, according to DEA officials, a lethal dose of fentanyl can be as low as 250 micrograms in adults—and lower in children—underscoring the importance of effective disposal.

Some vendors have presented evaluations of their commercial products. A recent comprehensive review of eight in-home disposal products raised concerns about the credibility of vendors’ evaluations and concluded that additional independent laboratory analysis is needed to fully examine product performance and assess how well these products achieve stated goals. Our review of evaluations from three vendors found that the studies contained some inconsistencies and gaps in the evaluation methods used, raising questions about the studies’ conclusions that the products are effective for disposing of opioids.

In some cases, studies included detailed, but inconsistent, methods. For example, in four studies about one product, the researchers concluded that the product deactivated most of an opioid dissolved in water. However, one of the earlier studies reported that whole pills did not dissolve in water, which could impact the results, but later studies did not include similar data.

In other cases, companies’ evaluations were summaries of results that did not provide enough information to independently verify or assess whether the products deactivate opioids and prevent misuse. For example, one company’s research documents presented images of a mixture as evidence that the drugs had degraded, rather than results of a test measuring if drugs were still detectable.

In addition, the studies included little information about the products’ effectiveness at treating mixtures of multiple drugs at the same time, a scenario that stakeholders have referred to as “real world” use testing.

Few Patients Use Federally Recommended Opioid Disposal Methods; FDA and Others Have Taken Steps to Educate the Public

Few Patients Use Federally Recommended Methods to Dispose of Unused Opioids

Disposal methods—when patients use them promptly—remove unused opioids from the home and therefore can be effective at reducing opioid misuse. FDA officials said that the federally recommended methods for disposing unused opioids are intended to remove these substances from the home as soon as possible, and stated that as long as individuals dispose of opioids promptly rather than storing them, then FDA has achieved its goal.

However, the studies we reviewed suggest that most patients do not dispose of unused opioids using a federally recommended method. Specifically, three studies examined how patients disposed of unused opioids and found that between 12 percent and 41 percent of patients disposed of them using a federally recommended method. For example, one of the studies found that of 570 survey respondents who had unused opioids, 12 percent of respondents reported using a take-back option, 14 percent reported that they flushed them down the toilet, and 6 percent reported that they threw them in the trash after mixing with an unpalatable substance.

Other studies we reviewed show that take-back options are often used to dispose of drugs other than opioids. Two studies found that less than 10 percent of the catalogued drugs brought to DEA take-back days were controlled substances, which included opioids, while another study weighed drugs brought to take-back events and permanent collection sites and reported less than 3 percent were controlled substances, including opioids. The same study found that annually, controlled substances disposed of at take-back events and permanent collection sites accounted for about 0.3 percent of those dispensed in the area, and concluded that take-back events may have a minimal impact on reducing the availability of unused opioids for misuse.

Studies indicate that patients who receive an in-home disposal product may be more likely to dispose of unused opioids, but they may also be less likely to use federally recommended options like take-back or flushing. Two studies in our review found that patients who receive an in- home disposal product have reported that they are more likely to dispose of unused opioids than those who did not receive the product. Use of in- home disposal products—which may not be effective at permanently destroying drugs—may deter patients from using federally recommended options, like take-back, that have been proven effective. For example, one of these studies found that only one of the 70 patients who received an in-home disposal product used a take-back option for disposal, despite the study taking place in a state where we estimated that 77 percent of the population lived less than 5 miles from a permanent collection site.

Studies indicate that patients are often unaware of federally recommended disposal options. Three of the 25 studies we reviewed suggest that many patients were not aware of federally recommended methods for disposing of opioids. For example, a study of cancer patients who received opioid prescriptions reported that more than three- quarters of these patients were unaware of proper opioid disposal methods. Another 2016 study of 1,032 patients found that nearly half of the respondents did not recall receiving information on proper disposal from pharmacists, medication packaging, or media outlets.

Studies also indicate that patients choose not to dispose of unused opioids, and that they knowingly participate in the majority of opioid misuse. Five of the studies we reviewed found that between one-quarter and three-quarters of patients stored unused opioids for future use or had misplaced their unused opioids. For example, one of these studies found that 49 percent of survey respondents kept or planned to keep unused opioids for future use, and 14 percent were likely to let a family member use their opioid medications in the future. Federal data about the sources of misused opioids indicate that patients are complicit with most misuse. SAMHSA estimates that 5 percent of people nationwide who misused opioids in 2017 took these drugs from someone else without asking. In contrast, SAMHSA estimates that 85 percent of opioid misuse occurs with the patient’s knowledge or active participation, either through the patient misusing his or her own prescription by taking the drug for pain other than for which it was prescribed or by giving or selling the prescribed opioids to another person. (See fig. 3).

FDA and Others Have Taken Steps to Educate Patients and Providers about Appropriate Opioid Disposal

To motivate patients to use federally recommended methods to dispose of unused opioids, FDA and some physician organizations have created educational materials on safe disposal methods. For example, FDA launched a public awareness campaign called “Remove the Risk” on April 25, 2019—complete with educational materials such as public service announcements, social media posts, fact sheets, and other web-based content. AMA representatives reported that the AMA has provided physicians with educational material on drug disposal and prescribing. Specifically, AMA representatives told us that the association has compiled a two-page document for physicians containing information about drug disposal, links to DEA information on nearby permanent collection sites and take-back events, and FDA guidance on safe disposal of medications. This document included recommendations for physicians to talk to patients about safe use of prescription opioids, remind patients to store their medications in a safe place out of reach from children, and have a conversation with patients about the most appropriate ways to dispose of expired, unwanted, or unused opioids.

The AmerisourceBergen Foundation has also partnered with communities to promote safe opioid disposal by providing education about take-back options and commercial in-home disposal products to patients. A representative from the Foundation explained that its Safe Disposal Support Program provides non-profit organizations or municipalities with commercial in-home disposal products, which then can be distributed free of charge to other organizations, individuals, or households. It also recommends that patients use take-back options when available. The representative said that organizations are to demonstrate to patients how these products work either through a brief in-person demonstration at an event or through a video. According to the representative, these products and demonstrations help people reflect on what is in their home and needs to be disposed of, either using a product or a take-back option.

Despite such efforts, little is known about the extent to which stakeholders’ efforts to educate the public are effective in increasing use of federally recommended disposal methods. FDA officials said that they are not aware of the extent to which providers are familiar with all disposal methods or the extent to which providers discuss the importance of proper disposal with patients. As part of FDA’s REMS requirements for outpatient opioids, manufacturers must make training available to health care providers involved in the treatment and monitoring of patients who receive opioids, which includes information about the need to communicate with patients about disposal of unused drugs. FDA officials said that opioid manufacturers must assess the effectiveness of their REMS, including an assessment of prescribers’, other health care providers including pharmacists’, and patients’ understanding of the key risk messages conveyed through the educational materials. FDA expects to receive the next REMS assessment with the results of these analyses in 2020. The AMA has not been able to measure the effects of its recommendations, but provided anecdotal feedback from its members that many physicians do not consistently speak to their patients about disposal.

FDA officials and AMA representatives indicated that in addition to educating patients on opioid disposal methods, focusing efforts on reducing the amount of unused opioids would be an effective approach for reducing misuse and abuse. For example, FDA officials said that adding packaging configurations that contain smaller quantities of certain opioids could help prescribers to more carefully consider the amount of opioid pain medication they prescribe. This in turn may reduce the number of unused opioids available in the home that could be inappropriately accessed by family members or visitors, and could potentially reduce the risk for misuse and abuse. Representatives from the AMA explained that it and other organizations are working to provide opioid prescribing resources and guidance to help physicians effectively manage patients’ pain, which representatives said will reduce the number of unused opioids available for misuse. FDA officials and a researcher also noted that dispensing opioids in packaging that makes it easy to count the number of unused pills may help patients identify intentional misuse.

Agency Comments

The FDA and EPA provided technical comments on a draft of this report, which we incorporated as appropriate; the DEA did not have comments.

We are sending copies of this report to the appropriate congressional committees, the Secretary of Health and Human Services, the Administrator of the DEA, the Administrator of the EPA, and other interested parties. In addition, the report is available at no charge on the GAO website at http://www.gao.gov.

If you or your staff members have any questions about this report, please contact me at (202) 512-7114 or cosgrovej@gao.gov. Contact points for our Offices of Congressional Relations and Public Affairs may be found on the last page of this report. GAO staff who made key contributions to this report are listed in appendix I.

Appendix I: GAO Contact and Staff Acknowledgments

GAO Contact

James Cosgrove, (202) 512-7114 or cosgrovej@gao.gov.

Staff Acknowledgments

In addition to the contact named above, individuals making key contributions to this report include Leslie V. Gordon (Assistant Director), A. Elizabeth Dobrenz (Analyst-in-Charge), Sam Amrhein, Jieun Chang, Diana Chung, Kaitlin Farquharson, and Dennis Mayo. Also contributing were Giselle Hicks, Cynthia Khan, and Ethiene Salgado-Rodriguez.