An Act To Improve the Unused Pharmaceutical Disposal Program
Maine Legislature, Session 126, LD 0881
Committee: Health and Human Services
Sponsors: CRAVEN, SANDERSON, GATTINE
Amends: 22 MRSA §2700

Legislative Document 
No. 881 
S.P. 306 
In Senate, March 5, 2013 
An Act To Improve the Unused Pharmaceutical Disposal Program 
Submitted by the Department of the Attorney General pursuant to Joint Rule 204. 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator CRAVEN of Androscoggin. 
Cosponsored by Representative SANDERSON of Chelsea and 
Representative: GATTINE of Westbrook. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §2700, as amended by PL 2005, c. 297, §§1 and 2 and affected 
by §3, is further amended to read: 
§2700.  Unused Pharmaceutical Disposal Program 
1.  Establishment; purpose.  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. 
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 may create a system systems for 
the return safe, effective and proper disposal of unused pharmaceuticals.  The system 
must systems may include the use of 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 All unused 
pharmaceuticals received under the program 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 safe, effective and proper disposal of unused pharmaceuticals.  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 source, including grants or contributions of money or other things of value, 
that it determines necessary to carry out the purposes of this chapter safe, effective and 
proper disposal of unused pharmaceuticals.  Money received accepted into the fund by 
the agency to establish and maintain the program must be used for the expenses of 
administering this chapter safe, effective and proper disposal of unused pharmaceuticals. 
6.  Rulemaking.  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. 
7.  Disposal; funding.  The program must operate with funding solely from the fund 
provided in subsection 5.  The program may begin operation for 2 years on July 1st of 
any year in which notice is given by April 1st by the director of the agency to the State 
Budget Officer that funding has been procured for the fund that is sufficient to operate the 
program for 2 years. 
SUMMARY 
This bill makes changes to the Unused Pharmaceutical Disposal Program as 
recommended by the Prescription Drug Abuse Task Force, which was established by the 
Governor and the Attorney General by Executive Order 2012-002.  The purpose of the 
bill is to reduce the cost of safe, effective and proper disposal of unused pharmaceuticals 
in order to reduce prescription drug abuse.