An Act To Encourage the Proper Disposal of Expired Pharmaceuticals
Maine Legislature, Session 121, LD 1826
Committee Amendment CA_A-HA_A_H928 (House)

HOUSE AMENDMENT "A" to COMMITTEE AMENDMENT "A" to S.P. 671, 
L.D. 
1826, Bill, 
"An Act To Encourage the Proper Disposal of 
Expired Pharmaceuticals" 
Amend the amendment by striking out the substitute title and 
replacing it with the following: 
'Resolve, 
To 
Encourage 
Pharmaceuticals' 
the 
Proper 
Disposal 
of 
Unused 
Further amend the amendment by striking out all of the 
enacting clause (page 1, line 32 in amendment) 
Further amend the amendment by striking out all of sections 
to 3 and inserting in their place the following: 
'Sec. 1. Maine Drug Return Study Group. Resolved: 
That the 
Maine Drug Return Study Group, referred to in this resolve as 
"the study group," is established to study the establishment of 
an unused pharmaceutical disposal program, referred to in this 
resolve as "the program." 
The study group may not receive any 
funding from the General Fund or other public sources. 
1. 
Issues. 
The 
study group shall study the following 
issues and make recommendations for establishment of the program 
in a 
manner that addresses the issues, safeguards the public 
health and environment and meets the requirements of local, state 
and federal law, rule and regulation: 
A. 
Postal regulations; 
B. 
The methods and requirements for packaging, including 
prepaid mailing envelopes; 
Page l-LR2440(7) 
HOUSE AMENDMENT 
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HOUSE AMENDMENT "ft" to COMMITTEE AMENDMENT "A" to S.P. 671, L.D. 
1826 
C. 
Minimizing drug diversion and theft; 
D. 
Public education regarding program 
requirements 
and 
operation; and 
E. 
Encouraging the development of drug drop-off programs at 
the local level. 
2. 
Membership. 
The study group consists of 11 members. 
A. 
The President of the Senate shall 
one representative of local municipal 
and one representative of pharmacies. 
serves as the chair of the study group. 
appoint one Senator, 
enforcement agencies 
The appointed Senator 
B. 
The 
Speaker 
of 
the 
House 
shall 
representatives, 
one 
person 
representing 
manufacturers 
and 
one 
representative 
of 
association of medical professionals. 
appoint 
pharmaceutical 
a 
statewide 
C. 
The study group must also include the Attorney General 
or the Attorney General's designee, 
the Commissioner of 
Human 
Services 
or 
the 
commissioner's 
designee, 
the 
Commissioner 
of 
Environmental 
Protection 
or 
the 
commissioner's designee and the Director of the Maine Drug 
Enforcement Agency within the Department of Public Safety or 
the director's designee. 
The study group shall invite the participation of the federal 
Drug Enforcement Agency, the Office of the United States Attorney 
for the District of Maine, the United States Postal Service and 
interested parties and persons with expertise and interest in 
issues related to the disposal of unused pharmaceuticals. 
All 
appointments 
must 
be 
made 
by 
September 
1, 
2004. 
The 
appointing authorities shall notify the Executive Director of the 
Legislative 
Council 
upon 
making 
their 
appointments. 
When 
appointment of all members of the study group is completed, the 
chair shall call and convene the first meeting no later than 
September 30, 2004; and be it further 
Sec. 2. Staffing. Resolved: 
That staffing must be provided by 
a 
statewide 
association 
of 
medical 
professionals 
and, 
upon 
approval of the Legislative Council, the Office of Policy and 
Legal Analysis; and be it further 
Sec. 3. Compensation. Resolved: 
That, subject to section 6, 
legislative members 
of 
the study group 
are entitled to 
the 
legislative per diem, as defined in the Maine Revised Statutes, 
Title 3, 
section 2, 
and 
reimbursement 
for 
travel 
and 
other 
HOUSE AMENDMENT 
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HOUSE AMENDMENT "R" to COMMITTEE AMENDMENT "A" to S.P. 671, L.D. 
1826 
necessary expenses 
related to their attendance at authorized 
meetings 
of 
the 
study group. 
Public 
members 
not otherwise 
compensated 
by their employers 
or other entities that 
they 
represent are entitled to receive 
reimbursement of necessary 
expenses and, upon a demonstration of financial hardship, a per 
diem equal to the legislative per diem for their attendance at 
authorized meetings of the study group; and be it further 
Sec. 4. Report. Resolved: 
That the study group shall report 
to 
the 
joint 
standing 
committee 
of 
the 
Legislature 
having 
jurisdiction over health and human services matters by January 
31, 
2005. 
The 
report 
must 
include 
information 
and 
recommendations on establishing the program. 
The joint standing 
committee of the Legislature having jurisdiction over health and 
human services matters shall review the report and may report out 
legislation 
to 
the 
First 
Regular 
Session 
of 
the 
l22nd 
Legislature; and be it further 
Sec. 5. Extension. Resolved: 
That if the study group requires 
a limited extension of time to conclude its study and make its 
report, it may apply to the Legislative Council, which may grant 
an extension; and be it further 
Sec. 6. Funding. Resolved: 
That the study group shall seek 
outside funds to fully fund all costs of the study group. 
If 
sufficient outside funding has not been received by September 15, 
2004 to fully fund all costs of the 
study group, no meetings are 
authorized and 
no 
expenses 
of any 
kind may 
be incurred or 
reimbursed. Contributions to support the work of the study group 
may not be accepted from any party having a pecuniary or other 
vested interest in the outcome of the matters being studied. 
Any 
person, other than a state agency, desiring to make a financial 
or in-kind contribution must certify to the Legislative Council 
that it has no pecuniary or other vested interest in the outcome 
of the study. 
Such certification must be made in the manner 
prescribed by the Legislative Council. 
All contributions are 
subject 
to 
approval 
by the Legislative Council. 
All 
funds 
accepted must be forwarded to the Executive Director of the 
Legislative Council along with an accounting record that includes 
the amount of funds, the date the funds were received, from whom 
the funds were received and the purpose of and any limitation on 
the 
use 
of 
those 
funds. 
The 
Executive 
Director 
of 
the 
Legislative Council shall administer any funds received by the 
study group. 
The executive director shall notify the chair of 
the study group when sufficient funding has been received.' 
HOUSE AMENDMENT 
HOUSE AMENDMENT "It" to COMMITTEE AMENDMENT "A" to S.P. 671, L.D. 
1826 
SUMMARY 
This amendment changes the bill to a resolve and eliminates 
the establishment of the Unused Pharmaceutical Disposal Program. 
It changes the implementation group into a study group charged 
with studying the establishment of a program to dispose of unused 
pharmaceuticals. 
SPONSORED BY: 
(Representative CURLEY) 
TOWN: 
Scarborough 
FISCAL :'\OTE REQURED 
(See attached) 
HOUSE AMENDMENT 
Fiscal Detail and Notes 
Approved: 041i4/04 ;::b:?ae 
l2lst Maine Legislature 
Office of Fiscal and Program Review 
LD 1826 
An Act to Encourage the Proper Disposal of Expired Pharmaceuticals 
LR2440(07) 
Fiscal Note for House Amendment" " to Committee Amendment" " 
Sponsor: Rep. Curley 
Fiscal Note Required: Yes 
Fiscal Note 
Eliminates future General Fund costs 
Eliminates future Other Special Revenue Funds costs 
Eliminates future Other Special Revenue Funds revenue increases 
This amendment eliminates all future fiscal impacts that would have occurred with the establishment of the proposed 
Unused Pharmaceutical Disposal Program. 
LR2440(7) - Fiscal Note - Page 1 of 1