An Act To Encourage the Proper Disposal of Expired Pharmaceuticals LR2440(03)
Maine Legislature, Session 121, LD 1826
Committee Amendment CA_A_S474 (Senate)

COMMITTEE AMENDMENT ,A" to S.P. 671, L.D. 1826, Bill, "An 
Act To Encourage the Proper Disposal of Expired Pharmaceuticals" 
Amend the bill by striking out the title and substituting 
the following: 
'An 
Act 
To 
Encourage 
Pharmaceuticals' 
the 
Proper 
Disposal 
of 
Unused 
Further amend the bill by striking out everything after the 
title and before the summary and inserting in its place the 
following: 
, Be it enacted by the People of the State of Maine as follows: 
Sec.t. 22 MRSA c. 604 is enacted to read: 
CHAPTER 604 
DISPOSAL OF UNUSED PHARMACEUTICALS 
§2700. 
Unused Pharmaceutical Disposal Program 
1. 
Establishment: pu~se. There is established the Unused 
Pharmaceutical Disposal Program. referred to in this chapter as 
"the program." 
The purpose of the program is to ensure the safe. 
effective and proper disposal of unused pharmaceuticals. 
For 
purposes 
of compliance with federal 
law and regulation. 
the 
return of pharmaceuticals under this section is deemed to be for 
law enforcement purposes. 
Page l-LR2440(3) 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "p" to S.P. 671, L.D. 1826 
2. 
Administration. 
The program is administered by the 
Maine Drug Enforcement Agency, referred to in this chapter as 
"the agency," established in Title 25, section 2955. 
3. 
Return of pharmaceuticals. 
The agency shall create a 
system for the return of unused pharmaceuticals. 
The system must 
use 
prepaid 
mailing 
envelopes 
into 
which 
the 
unused 
pharmaceuticals are placed and returned to a single collection 
location. 
The prepaid mailing envelopes must be made available 
to the public at various locations, including, but not limited 
to, pharmacies, physicians' offices and post offices. 
The agency 
may randomly assess the toxicity of materials received under the 
program as long as the assessment results do not identify the 
patient, person who mailed the material, prescriber or pharmacy. 
4. 
Disposal of pharmaceuticals. 
The agency shall ensure 
that only 
agency officers handle 
the 
unused 
pharmaceuticals 
received pursuant to subsection 3. 
The unused pharmaceuticals 
must be disposed of by the agency in a manner that is designed to 
be effective, secure and in compliance with locaL state and 
federal 
environmental 
requirements, 
including 
the 
federal 
Resource Conservation and Recovery Act of 1976, as amended. 
5. 
Unused Pharmaceutical Disposal Program Fund: 
funding. 
The Unused Pharmaceutical Disposal Program Fund, referred to in 
this chapter as "the fund," is established within the agency to 
be used by the director of the agency to fund or assist in 
funding the program. 
Any balance in the fund does not lapse but 
is carried forward to be expended for the 
Same purposes in 
succeeding fiscal years. 
The fund must be deposited with and 
maintained and administered by the agency. 
The agency may accept 
funds into the fund from any non-General Fund, nonpublic fund 
source, 
including grants or contributions of money or other 
things of value, that it determines necessary to carry out the 
purposes of this chapter. 
Money 
received by 
the 
agency to 
establish and maintain the program must be used for the expenses 
of administering this chapter. 
6. 
Rulemating. 
The agency shall adopt rules to carry out 
the purposes of this chapter. 
Rules adopted pursuant to this 
subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
Sec. 2. Maine Drug Return Implementation Group. 
The Maine 
Drug Return Implementation Group, referre.d to in this section as 
"the 
implementation 
group," 
is 
established 
to 
work 
on 
implementation 
issues 
for 
the 
Unused 
Pharmaceutical 
Disposal 
Program, established in the Maine Revised Statutes, Title 22, 
chapter 604, referred to in this section as "the program." 
The 
COMMITTEE AMENDMENT 
f.. dt~· 
COMMITTEE AMENDMENT A .. to S.P. 671, L.D. 1826 
implementation group may not receive any funding from the General 
Fund or other public sources. 
1. 
Issues. 
The 
implementation 
group 
shall 
study 
the 
following issues and make recommendations for implementation 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; 
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. 
members. 
Membership. 
The implementation group consists of 11 
A. 
The President of the Senate shall appoint one Senator, 
one representative of local municipal enforcement agencies 
and one representative of pharmacies. 
B. 
The 
Speaker 
of 
the 
House 
shall 
representati ves, 
one 
person 
representing 
manufacturers 
and 
one 
representative 
of 
association of medical professionals. 
appoint 
pharmaceutical 
a 
statewide 
C. 
The implementation 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 or the director's designee. 
The implementation 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. 
3. 
Report; approval of implementation. 
group 
shall 
report to 
the 
joint standing 
The implementation 
committee 
of 
the 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ·A· to S.P. 671, L.D. 1826 
Legislature having jurisdiction over health and human services 
matters by January 31, 2005. 
The report must include information 
and 
recommendations 
on 
implementing the 
program. 
The 
joint 
standing committee of the Legislature having jurisdiction over 
health and human services matters shall vote whether to approve 
implementation of the program pursuant to section 
and may 
report out legislation to the First Regular Session of the l22nd 
Legislature. 
Sec. 3. Contingent effective date. 
That section of this Act that 
enacts the Maine Revised Statutes, Title 22, chapter 604 takes 
effect July 1, 2005 only if the joint standing committee of the 
Legislature having jurisdiction over health and human services 
matters has by that date received the report of the Maine Drug 
Return Implementation Group established in section 2 
and has 
approved 
implementation of the Unused Pharmaceutical Disposal 
Program, established in Title 22, chapter 604.' 
SUMMARY 
This amendment is the majority report of the committee. 
It 
replaces the bill and changes the title. 
The amendment deletes 
authorization for the Unused Pharmaceutical Disposal Program to 
accept public funding. 
The amendment also requires the joint 
standing committee of the Legislature having jurisdiction over 
health 
and 
human 
services 
matters 
to 
approve 
the 
Unused 
Pharmaceutical Disposal Program prior to its implementation and 
adds a program start date of July 1, 2005. 
The amendment allows 
the Maine Drug Enforcement Agency to randomly assess materials 
received 
under 
the 
program. 
The 
amendment 
deems 
return of 
pharmaceuticals under 
the program to be 
for 
law enforcement 
purposes. 
The 
amendment 
establishes 
the 
Maine 
Drug 
Return 
Implementation 
Group 
to 
study 
and 
make 
recommendations 
on 
implementation of the program and provides for membership of the 
implementation 
group. 
The 
amendment 
authorizes 
the 
joint 
standing committee of the Legislature having jurisdiction over 
health and human services matters to report out legislation to 
the First Regular Session of the 122nd Legislature. 
bill. 
The amendment also removes the emergency language from the 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/23/04 frac:.. 
I2lst Maine Legislature 
Office of Fiscal and Program Review 
LD 1826 
An Act To Encourage the Proper Disposal of Expired Pharmaceuticals 
LR2440(03) 
Fiscal Note for Bill as Amended by Committee Amendment "A 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Majority Report 
Fiscal Note 
Undetermined future biennium cost increase - General Fund 
Undetermined future biennium cost increase - Other Special Revenue Funds 
Undetermined future biennium revenue increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
The establishment of the Unused Pharmaceutical Disposal Program will require additional annual General Fund 
appropriations beginning in fiscal year 2005-06 for the Maine Drug Enforcement Agency within the Department of 
Public Safety. The amounts will depend on the implementation recommendations which will be developed by the 
Maine Drug Return Implementation Group and can not be determined at this time. This bill also authorizes the 
establishment of the Unused Pharmaceutical Disposal Program Fund which will require a base allocation of $500 in 
fiscal year 2005-06. Absent an established and regular source of funding, the amounts of dedicated revenue that will 
be collected for this fund can not be determined at this time. Any significant collection of revenues in this fund can be 
used to cover the costs of the program and will reduce by equivalent amounts the need for appropriations from the 
General Fund. 
LR2440(3) - Fiscal Note - Page 1 of 1