Stakeholders have until May 8 to comment on rules released for the Drug Take-Back Program. The Washington State Department of Health (DOH) issued a final rule that implements a statewide program for secure collection and disposal of leftover medicines. The rulemaking is in response to a law passed by the Legislature in 2018 (HB 1047).
DOH made several substantive changes from the proposed rule and significantly shortened the rule to remove redundancy with the underlying statute. Of particular interest to cities, this rule version defines, and therefore limits, the criteria that DOH and local health jurisdictions can consider when identifying “underserved areas” for collection locations. Areas designated as “underserved” must receive additional mail-back services or collection events to fill gaps in secure drop box locations. Additionally, the section on disposal of collected drugs also differs from the law’s requirements when out-of-state disposal facilities are used.
This rule version limits the criteria that DOH and local health jurisdictions can consider when identifying “underserved areas” for collection locations.
Rule documents, comment period, and public hearing
Rule documents to review for commenting can be found here:
Public comments are accepted until 5 pm on Wednesday, May 8, 2019. Comments can be submitted via DOH’s Rules Comment page or emailed to SafeMedReturn@doh.wa.gov.
A public hearing will be held on May 8 at 2 pm at DOH’s Town Center 2, Room 158, located at 111 Israel Road SE, Tumwater, WA, 98501. If you have questions about the process or want to send attachments with your comments, contact Carly Bartz at DOH.
Background on the law
Under the Drug Take-Back Program, all pharmaceutical manufacturers selling drugs in Washington must participate in financing and operating a convenient statewide system of DEA-compliant drop boxes, mail-back envelopes, and other collection methods for leftover prescription and over-the-counter drugs. Drug manufacturers must also educate the public about safe medicine storage. The law defines key goals and standards for the program, including providing services for each city and town. Manufacturers must submit program proposals by July 1, 2019.
DOH will review program proposals and provide a public comment opportunity. DOH projects the earliest possible launch date for an approved drug take-back program is late April 2020. After the state-level program launches, it will incorporate the manufacturer-financed drug take-back programs currently operating in several counties, creating consistent services across the state.