Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2417 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3144 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2417
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Carole A. Fiola
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to medical sharps stewardship.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Carole A. Fiola6th Bristol1/16/2025 1 of 4
16	16	HOUSE DOCKET, NO. 3144 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2417
18	18	By Representative Fiola of Fall River, a petition (accompanied by bill, House, No. 2417) of
19	19	Carole A. Fiola relative to medical sharps stewardship. Public Health.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Fourth General Court
23	23	(2025-2026)
24	24	_______________
25	25	An Act relative to medical sharps stewardship.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1. Section 1 of chapter 94H of the General Laws, as appearing in the 2022
29	29	2Official Edition, is hereby amended by striking out the second paragraph and inserting in place
30	30	3thereof the following paragraph:-
31	31	4 “Covered drug”, any brand name or generic opioid drug placed in Schedule II or
32	32	5Schedule III of section 3 of chapter 94C; provided, however, that “covered drug” shall also
33	33	6include “(i) benzodiazepines, and (ii) sharps subject to collection and disposal procedures
34	34	7established in section 27A of chapter 94C; provided, further, that “covered drug” shall not
35	35	8include (i) drugs intended for use solely in veterinary care; (ii) substances that are regulated as
36	36	9cosmetic products under the United States Food, Drug and Cosmetic Act, 21 U.S.C. § 301 et seq;
37	37	10(iii) drugs that are compound under a specialty license pursuant to sections 39G to 39J, inclusive,
38	38	11of chapter 112; or (iv) drugs approved and used primarily for medication-assisted substance use
39	39	12disorder treatment. 2 of 4
40	40	13 SECTION 2. Said section 1 of chapter 94H, is hereby further amended by inserting the
41	41	14following definition:-
42	42	15 “Sharps”, objects with sharp points or edges that can puncture or cut skin, which shall
43	43	16include but are not limited to hypodermic needles, syringes, lancets, auto injectors, infusion sets,
44	44	17and connection needles.
45	45	18 SECTION 3. Said section 1 of chapter 94H, is hereby further amended by inserting the
46	46	19following definition:-
47	47	20 “Sharps disposal containers”, containers made from rigid puncture-resistant plastic or
48	48	21metal with leak-resistant sides and bottom, and a tight-fitting, puncture-resistant lid with an
49	49	22opening to accommodate depositing a sharp but not large enough for a hand to enter.
50	50	23 SECTION 4. Section 3 of chapter 94H, as so appearing, is hereby amended by striking
51	51	24out the section in its entirety and inserting in place thereof the following section:-
52	52	25 Section 3. A manufacturer or stewardship organization seeking approval for a drug
53	53	26stewardship program shall submit, in a manner and form determined by the department, a plan
54	54	27that meets, but is not limited to, the following requirements:
55	55	28 (i) for all covered drugs not including sharps, a collection system to provide convenient,
56	56	29ongoing collection services to all persons seeking to dispose of unwanted drugs; provided,
57	57	30however, that the collection system may accept any covered drug and any other prescription drug
58	58	31in a pill formulation regardless of its schedule, brand or source of manufacture; provided further,
59	59	32that the collection system shall include 2 methods as recommended by the department, which
60	60	33may include, but not be limited to: (A) a mail-back program that provides prepaid and 3 of 4
61	61	34preaddressed packaging for a pharmacy to distribute when filling a prescription for a covered
62	62	35drug or upon request by a consumer; (B) collection kiosks; (C) drop-off day events at regional
63	63	36locations; (D) in-home disposal methods that render a product safe from misuse and that comply
64	64	37with applicable controlled substance regulations and environmental safety regulations; or (E) any
65	65	38other method recommended pursuant to United States Drug Enforcement Administration
66	66	39guidelines;
67	67	40 (ii) for sharps, a mail-back collection system that provides prepaid and preaddressed
68	68	41packaging for a pharmacy to distribute when filling a prescription that includes sharps or upon
69	69	42request by a consumer that shall include but not be limited to: (a) the contact information for the
70	70	43operator of the program and for each entity participating in the program; (b) the list of sharps
71	71	44sold or offered by sale by each participating entity covered by the stewardship program; (c) the
72	72	45name and contact information of the service provider to be used to transport, process, or dispose
73	73	46of sharps collected through the stewardship program; (d) safe and secure processes that collect,
74	74	47track, and properly manage sharps waste from collection through final disposal; (e) sufficient
75	75	48amounts of sharps disposal containers to accommodate the volume of sharps purchased by the
76	76	49consumer over a selected time period; (f) all necessary information for the consumer on the
77	77	50proper disposal of sharps; (g) a label affixed to the sharps disposal container or packaging or on a
78	78	51separate sheet with the program operator’s internet website and toll-free telephone number; (h)
79	79	52all necessary prepaid postage and mail-back packaging;
80	80	53 (iii) adequate provisions for the security of unwanted drugs throughout the collection
81	81	54process and the safety of any person involved in monitoring, staffing, or servicing the
82	82	55stewardship program; 4 of 4
83	83	56 (iv) a plan for the manufacturer or stewardship organization that provides the operational
84	84	57and administrative costs associated with the program; provided, however that no point-of-sale,
85	85	58point-of-collection, processing fees or other drug cost increases may be charged to individual
86	86	59consumers to recoup program costs;
87	87	60 (v) an attestation that the program shall comply with all applicable state and federal
88	88	61requirements for the collection, security, transport and disposal of drug products, including any
89	89	62requirements established by the rule or regulation of either the United States Drug Enforcement
90	90	63Administration or the United States Environmental Protection Agency; and
91	91	64 (vi) any other requirements established by the department for the sale and effective
92	92	65administration of a drug stewardship program.