An Act Permitting the Recycling of Unused Prescription Drugs
Maine Legislature, Session 122, LD 1928
Committee: Health and Human Services
Sponsors: SULLIVAN, PERRY, MARTIN, ROSEN, CAMPBELL, GLYNN, MARRACHE, SHIELDS, VAUGHAN
Amends: 22 MRSA §26

Legislative Document 
No. 1928 
S.P.728 
In Senate, January 4,2006 
An Act Permitting the Recycling of Unused Prescription Drugs 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Senator SULLIVAN of York. 
Cosponsored by Representative PERRY of Calais and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: MARTIN of Aroostook, MAYO ofSagadahoc, ROSEN of Hancock, 
Representatives: CAMPBELL of Newfield, GLYNN of South Portland, MARRACHE of 
Waterville, SHIELDS of Auburn, VAUGHAN of Durham. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 22 MRSA §26I is enacted to read: 
§261. 
Unused prescription drug program 
There 
is 
established 
within 
the 
prescription drug program, referred to 
program," 
to 
make prescription drugs 
persons. 
department 
an 
unused 
in this section as "the 
available to 
low-income 
1. 
Collaboration. 
The 
department 
shall 
work 
.collaboratively with pharmacies, 
hospitals, health clinics and 
federally qualified health centers, 
Indian health centers and 
rural health centers to make prescription drugs available to 
qualified persons through the program. 
2. 
Qualified person$. 
An individual is a qualified person 
for the purposes of the program if that individual: 
A. 
Has a family income below 350'l-o of the federal nonfarm 
income official poverty leveL as defined by the federal 
Office of Management and Budget and revised annually in 
accordance 
with 
the 
United 
States 
Consolidated 
Omnibus 
Budget Reconciliation Act of 1981, Section 673, Subsection 2; 
B. 
Is a legal resident of the State; 
C. 
Has a valid prescription for the drug to be dispensed 
through the program; and 
D. 
Is not receiving MaineCare prescription drug benefits. 
3. 
Accepting unused prescription drugs. 
The program may 
accept unused prescription drugs from drug manufacturers, drug 
wholesale or terminal distributors, hospitals, health clinics, 
federally qualified health centers, 
Indian health centers and 
rural health centers and assisted living facilities licensed by 
the department as provided in this subsection. 
A. 
The program may accept unused prescription drugs that 
are packaged in tamper-evident unit dose packages or that 
are unopened injectable, aerosol or topical medications. 
B. 
The program may accept unused prescription drugs from an 
entity donating under this subsection if; 
(1) The entity is the owner of the prescription drug; or 
(2) 
The 
entity 
has 
maintained 
custody 
of 
the 
prescription drug for an individual and donation of the 
prescription drug is accompanied by signed consent to 
the 
donation 
from 
the 
individual 
or 
authorized 
representative of the individual. 
C. 
The prog,ram may accept unused prescr iption drugs that 
are controlled substances as defined by 21 Code of Federal 
Regulations, Part 1308 (2004) and regulations adopted by the 
federal 
Department 
of 
Justice, 
Drug 
Enforcement 
Administration as allowed by federal law and regulation. 
D. 
The program may not accept unused prescription d~ 
that have been tampered with or compromised in any way, that 
are within 6 months of their expiration dates or that have 
been 
held 
in 
the 
custody 
of 
the 
person 
to 
whom 
the 
prescription drug was originally dispensed. 
4. 
Dispensing donated 
pre~cri~~on drugs. 
The 
program 
.s...hall dispense donated prescription drugs to qualified persons 
~rough pharmacies, 
hospitals, 
health 
clinics 
and 
federall~ 
qualified health centers, Indian health centers and rural health 
centers 
that volunteer 
to participate 
in 
the 
program. 
The 
program shall pay to the dispensing entity a dispensing fee equal 
to the dispensing fee provided under the MaineCare program. 
5. 
Fees. 
To support the program the department may charge 
nominal fees as provided in this subsection. 
A. 
The 
depar_tment 
may 
charge 
fees 
to entities 
making 
donations of unused prescription drugs under subsection 3. 
B. 
The 
department 
may 
charge 
fees 
to persons 
to 
whom 
prescription drugs are dispensed under the program. 
A fee 
charged under this paragraph may not exceed the copayment 
charged for a similar prescription drug under the MaineCare 
program. 
.ti_~v.lemaking. 
The department-L __ atter collaboration with 
the Department of Professional and Financial Regulation, Maine 
Board of Pharmacy and the Department of Public Safety, Maine Drug 
Enforcement Agency, shall adopt rules to implement the program. 
Rules adopted pursuant to this subsection are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
This bill establishes an unused prescription drug program, 
under which unused prescription drugs are accepted and dispensed 
to. low-income persons. 
To be eligible for the program a person 
must have 
a 
family 
income below 
350'l-o of the federal poverty 
level, may not be receiving MaineCare prescription drug benefits, 
must be a Maine resident and must have a valid prescription for 
the 
drug 
to 
be 
dispensed. 
The 
program 
may 
accept 
unused 
prescription drugs from drug manufacturers, drug wholesale and 
terminal 
distributors, 
hospitals, 
health 
clinics, 
federally 
qualified health centers, Indian health centers and rural health 
~nters and assisted living facilities licensed by the Department 
of Health and Human Services.