S.B. 231
- *SB231*
SENATE BILL NO. 231–SENATORS STONE, STEINBECK,
KRASNER, BUCK; ELLISON AND NGUYEN
FEBRUARY 24, 2025
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Referred to Committee on Commerce and Labor
SUMMARY—Establishes provisions relating to the collection and
destruction of unused drugs. (BDR 54-564)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Contains Appropriation not included
in Executive Budget.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to pharmacy; establishing requirements governing
the maintenance of secure drug take-back bins for the
collection and destruction of unused drugs; providing that
entities that maintain a secure drug take-back bin in
accordance with such requirements are not subject to
certain discipline for certain injuries and harms; making
an appropriation; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Existing federal regulations authorize pharmacies, hospitals and other entities 1
authorized to handle controlled substances to register with the Drug Enforcement 2
Administration of the United States Department of Justice to obtain authorization to 3
be a collector of controlled substances. Existing federal regulations authorize such 4
collectors to: (1) conduct mail-back programs for the return of controlled 5
substances; and (2) maintain collection receptacles for disposal of the controlled 6
substances. (21 C.F.R. §§ 1317.40, 1317.70, 1317.75) Existing federal regulations 7
also prescribe standards governing the disposal of controlled substances by entities 8
authorized to handle and dispose of controlled substances. (21 C.F.R. Part 1317) 9
Existing regulations of the State Board of Pharmacy require an entity that is 10
authorized pursuant to federal law and conducts such a mail-back program or 11
maintains such collection receptacles to provide to the Board: (1) written 12
notification of the registration of the entity with the Drug Enforcement 13
Administration to be a collector; and (2) copies of a certain federal form which is 14
required to document the destruction of controlled substances. (NAC 639.050) 15
Existing regulations of the Board also prescribe standards for the destruction of 16
controlled substances, which mirror the relevant federal regulations. 17
(NAC 639.498) 18
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Section 1 of this bill prescribes requirements for the installation and 19
maintenance of secure drug take-back bins by a collector that is registered with the 20
Drug Enforcement Administration for the on-site collection and destruction of 21
home-generated pharmaceutical waste. Specifically, section 1 requires such a 22
collector to: (1) comply with all applicable state and federal laws and regulations; 23
(2) notify at least one local law enforcement agency of any suspected or known 24
tampering or theft or significant loss of controlled substances from a secure drug 25
take-back bin that occurs while the bin is under the control of the collector; (3) post 26
signage notifying customers of the substances that are and are not acceptable for 27
deposit into the secure drug take-back bin; (4) regularly monitor and inspect the bin 28
and surrounding area, including by limiting customer access to the bin to certain 29
hours when the bin is being actively monitored; and (5) maintain records of such 30
inspections and other records acquired by law. Section 1 also prohibits such a 31
collector from receiving any compensation from a customer to maintain the secure 32
drug take-back bin. Section 1: (1) provides that a collector that complies with such 33
requirements is not subject to discipline by the Board for any injury or harm that 34
directly results from the collector maintaining a secure drug take-back bin, unless 35
the injury or harm directly resulted from the gross negligence or willful and wanton 36
misconduct of the collector; and (2) relieves such a collector from compliance with 37
any restriction established by the governing body of a county, city or other local 38
governmental entity that would affect the collection and destruction of the contents 39
of a secure drug take-back bin. 40
Existing law creates the Fund for a Resilient Nevada and requires the Attorney 41
General to deposit in the Fund money received by this State pursuant to any 42
judgment received or settlement entered into by the State of Nevada as a result of 43
certain litigation concerning the manufacture, distribution, sale or marketing of 44
opioids. (NRS 433.732) Section 2 of this bill appropriates $500,000 from the Fund 45
to the Division of Public and Behavioral Health of the Department of Health and 46
Human Services to assist collectors with the destruction of home-generated 47
pharmaceutical waste deposited in a secure drug take-back bin. 48
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 639 of NRS is hereby amended by adding 1
thereto a new section to read as follows: 2
1. A collector that maintains a secure drug take-back bin for 3
the collection and destruction of home-generated pharmaceutical 4
waste shall: 5
(a) Comply with all applicable state and federal laws and 6
regulations relating to the collection of home-generated 7
pharmaceutical waste for destruction in secure drug take-back 8
bins; 9
(b) Ensure that the secure drug take-back bin is placed in a 10
location that is regularly monitored by employees of the collector; 11
(c) Ensure that conspicuous signage is posted on the secure 12
drug take-back bin that clearly notifies customers as to the 13
substances that are and are not acceptable for deposit into the bin; 14
(d) Ensure that public access to the secure drug take-back bin 15
is limited to hours during which employees of the collector are 16
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present and able to monitor the operation of the secure drug take-1
back bin; 2
(e) Regularly inspect the secure drug take-back bin and the 3
area surrounding the secure drug take-back bin for potential 4
tampering or diversion; 5
(f) Maintain a record of inspections conducted pursuant to 6
paragraph (e) that must: 7
(1) Be documented in writing or electronically and may be 8
combined with records required to be maintained by other state or 9
federal laws or regulations; 10
(2) Include the date and time of each inspection; and 11
(3) Include the initials of the employee who conducted each 12
inspection; 13
(g) Retain each record maintained pursuant to paragraph (f) 14
and any other record relating to the secure drug take-back bin 15
required by state or federal laws or regulations for at least 2 years 16
after the date of the event to which the record pertains; and 17
(h) Notify at least one local law enforcement agency of any 18
suspected or known tampering or theft or significant loss of 19
controlled substances that occurs while the secure drug take-back 20
bin is under the control of the collector not later than 1 business 21
day after the date on which the tampering, theft or significant loss 22
is suspected or discovered. 23
2. A collector shall not receive compensation from a customer 24
of the collector to maintain a secure drug take-back bin or to 25
perform any act required by subsection 1. 26
3. Any collector that maintains a secure drug take-back bin 27
and complies with the provisions of subsections 1 and 2 is not 28
subject to any: 29
(a) Disciplinary action by the Board for any injury or harm 30
that directly results from the collector maintaining a secure drug 31
take-back bin on its premises, unless the injury or harm directly 32
results from the gross negligence or willful and wanton 33
misconduct of the collector; or 34
(b) Restriction established by the governing body of a county, 35
city or other local governmental entity that would affect the 36
collection, transportation, treatment or destruction of the contents 37
of a secure drug take-back bin pursuant to this section. 38
4. Nothing in this section shall be construed to require any 39
entity that: 40
(a) May qualify as a collector to acquire, maintain or make 41
available to the public a secure drug take-back bin on its premises; 42
or 43
(b) Has entered into an agreement to collect and dispose of 44
solid waste as part of a solid waste management system to collect 45
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and dispose of the contents of secure drug take-back bins, unless 1
the agreement or plan expressly provides for such collection and 2
disposal. 3
5. The Board may adopt regulations necessary to carry out 4
the provisions of this section. 5
6. As used in this section: 6
(a) “Collector” means an entity that is: 7
(1) Authorized by and registered with the Drug 8
Enforcement Administration to receive a controlled substance for 9
the purpose of destruction; and 10
(2) In good standing with the Board. 11
(b) “Home-generated pharmaceutical waste” means a 12
pharmaceutical that is no longer wanted or needed by the 13
consumer, including, without limitation, in the form of pills, 14
liquids, inhalers, topical creams, suppositories or patches. 15
(c) “Local law enforcement agency” means: 16
(1) The sheriff’s office of a county; 17
(2) A metropolitan police department; or 18
(3) A police department of an incorporated city. 19
(d) “Maintain” means to own, lease, operate or otherwise host 20
a secure drug take-back bin. 21
(e) “Pharmaceutical” means a drug intended for human or 22
veterinary use, regardless of whether the drug is sold with or 23
without a prescription. The term includes, without limitation, 24
controlled substances listed in schedule II, III, IV or V. The term 25
does not include controlled substances listed in schedule I. 26
(f) “Secure drug take-back bin” means a collection receptacle 27
as described in 21 C.F.R. § 1317.75. 28
(g) “Solid waste management system” has the meaning 29
ascribed to it in NRS 444.500. 30
Sec. 2. 1. There is hereby appropriated from the Fund for a 31
Resilient Nevada created by NRS 433.732 to the Division of Public 32
and Behavioral Health of the Department of Health and Human 33
Services the sum of $500,000 to assist collectors with the 34
destruction of home-generated pharmaceutical waste deposited in a 35
secure drug take-back bin. 36
2. Any remaining balance of the appropriation made by 37
subsection 1 must not be committed for expenditure after June 30, 38
2027, by the entity to which the appropriation is made or any entity 39
to which money from the appropriation is granted or otherwise 40
transferred in any manner, and any portion of the appropriated 41
money remaining must not be spent for any purpose after 42
September 17, 2027, by either the entity to which the money was 43
appropriated or the entity to which the money was subsequently 44
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granted or transferred, and must be reverted to the Fund for a 1
Resilient Nevada on or before September 17, 2027. 2
3. As used in this section: 3
(a) “Collector” has the meaning ascribed to it in section 1 of this 4
act. 5
(b) “Home-generated pharmaceutical waste” has the meaning 6
ascribed to it in section 1 of this act. 7
(c) “Secure drug take-back bin” has the meaning ascribed to it 8
by section 1 of this act. 9
Sec. 3. 1. This section becomes effective upon passage and 10
approval. 11
2. Section 1 of this act becomes effective: 12
(a) Upon passage and approval for the purpose of adopting any 13
regulations and performing any preparatory administrative tasks that 14
are necessary to carry out the provisions of this act; and 15
(b) On July 1, 2025, for all other purposes. 16
3. Section 2 of this act becomes effective on July 1, 2025. 17
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