25 LC 57 0288
House Bill 923
By: Representatives Hagan of the 156
th
, Silcox of the 53
rd
, Ridley of the 22
nd
, and Gambill
of the 15
th
A BILL TO BE ENTITLED
AN ACT
To amend Article 6 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated,
1
relating to pharmacies, so as to require pharmacies to furnish patients with written2
informational material when dispensing certain prescription drugs; to require pharmacies to3
provide a means to safely dispose of unused, unwanted, or expired prescription drugs; to4
repeal conflicting laws; and for other purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
Article 6 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to8
pharmacies, is amended by adding a new Code section to read as follows: 9
"26-4-120.
10
(a) Each pharmacy in this state that dispenses prescription drugs shall, when dispensing11
to an individual located in this state a Schedule II controlled substance prescription drug12
and any other prescription drug as may be designated by the board:13
(1) Provide written informational material:14
(A) Notifying such individual that when unused, unwanted, or expired prescription15
drugs are not properly, safely, and promptly disposed of, the following may occur:16
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(i) There is a risk that prescription drugs can be stolen, diverted, abused, misused, or17
accidentally ingested, which can pose a risk to the health and safety of the patient and18
other members of the patient's household;19
(ii) Children are particularly at risk of accidentally ingesting unused, unwanted, and20
expired prescription drugs that have not been properly and effectively disposed of;21
(iii) When prescription drugs are improperly disposed of or flushed down the drain,22
such drugs can leak into the ecosystem, which can have a potentially adverse or23
harmful effect on the environment; and24
(iv) When prescription drugs are disposed of in the household trash without such25
drugs having been rendered unusable and unavailable, they may be diverted or26
misused; and27
(B) Concerning how to properly, safely, and promptly dispose of unused, unwanted,28
or expired prescription drugs. Such informational material concerning proper, safe, and29
prompt disposal may include, but shall not be limited to, information concerning the30
drug disposal options made available pursuant to paragraph (2) of this subsection. The31
pharmacist or his or her designee dispensing such prescription drug shall answer any32
questions such individual may have upon receiving, and in response to, such written33
informational material; and34
(2) Make available onsite, for purchase, or at no cost to the patient, at least one consumer35
method for individuals to safely and effectively dispose of unused, unwanted, or expired36
prescription drugs in the home. Such method or methods shall include, but shall not be37
limited to, a nonprescription in-home solution or a secured medication collection38
receptacle or box.39
(b)(1) Each nonprescription in-home solution made available pursuant to paragraph (2)40
of subsection (a) of this Code section shall:41
(A) Enable the patient to directly and safely discard unused, unwanted, or expired42
prescription drugs at home when the current state or federally recommended methods43
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or specialized collections are neither available nor convenient or when waiting for any44
such event will increase the opportunity for household harm, unintended risk, or human45
exposure;46
(B) Offer the patient an effective system that alters the physical integrity of the47
prescription drug's formulation;48
(C) Render the active ingredient or ingredients unusable for practicable purposes,49
thereby mitigating the risk of nonmedical use or overdose;50
(D) Serve as nontoxic, nonhazardous, pose no threat to the patient, and reduce the51
prescription drug's exposure to the environment; and52
(E) Act as a deterrent for misuse with simple and effective education.53
(2) Each secured medication collection receptacle or box shall be made available in54
accordance with the regulations of the United States Drug Enforcement Administration55
in 21 C.F.R. Part 1317, as such regulations exist on July 1, 2025. Such receptacle or box56
shall be marked and identified by prominent signage.57
(3) The manufacturer of each nonprescription in-home solution or secured medication58
collection receptacle or box made available shall represent upon request that none of the59
components or methods of disposal individually, as a blend, as a solution, or as treatment60
and destruction facility are toxic and that such composition or collection receptacle or61
box complies with the waste regulations as established by the United States62
Environmental Protection Agency for municipal household waste disposal.63
(4) Each manufacturer, supplier, or servicing agent of a commercial collection program64
that uses secured medication collection receptacles or boxes shall comply with the65
regulations of the United States Drug Enforcement Administration in 21 C.F.R.66
Part 1317, as such regulations exist on July 1, 2025. Such manufacturer, supplier, or67
servicing agent shall ensure that methods of incineration are in accordance with the68
permitted hazardous waste combustor recommendations as provided by the federal69
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Resource Conservation and Recovery Act of 1976 (P.L. 94-580, 42 U.S.C. Section 6901,70
et. seq.), as amended.71
(c) The requirements of subsection (a) of this Code section shall apply regardless of72
whether such prescription drug order is an initial order, renewal order, or refill of an73
existing prescription order and regardless of whether the individual picking up such74
prescribed drug is a new or returning customer of such dispensing pharmacy."75
SECTION 2.76
All laws and parts of laws in conflict with this Act are repealed.77
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