89R5197 LRM-F
By: Alvarado S.B. No. 1263
A BILL TO BE ENTITLED
AN ACT
relating to a pilot program for the safe disposal of prescription
drugs, including controlled substance prescription drugs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 442A.001, Health and Safety Code, is
amended to read as follows:
Sec. 442A.001. DEFINITIONS. In this chapter:
(1) "Collection receptacle" means a receptacle as
described by 21 C.F.R. Section 1317.75 ["Board" means the Texas
State Board of Pharmacy].
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Controlled substance" has the meaning assigned by
Section 481.002.
(4) [(3)] "Pharmacy" means a facility licensed under
Chapter 560, Occupations Code.
(5) [(4)] "Pilot program" means the prescription drug
safe disposal pilot program established under this chapter.
(6) [(5)] "Prescription drug" has the meaning
assigned by Section 551.003, Occupations Code.
(7) [(6)] "Ultimate user" has the meaning assigned by
21 U.S.C. Section 802.
SECTION 2. Section 442A.002, Health and Safety Code, is
amended to read as follows:
Sec. 442A.002. PRESCRIPTION DRUG SAFE DISPOSAL PILOT
PROGRAM. The commission [board] by rule shall develop and
implement a prescription drug safe disposal pilot program to
increase the number of collection receptacles [locations] in this
state where unused, unwanted, or expired prescription drugs are
collected from the public for safe disposal.
SECTION 3. Section 442A.051, Health and Safety Code, is
amended to read as follows:
Sec. 442A.051. PHARMACY ELIGIBILITY. A pharmacy operating
in this state may apply to the commission [board] to participate in
the pilot program if the pharmacy:
(1) is eligible to register [registered] as an
authorized drug collection site with the United States Drug
Enforcement Administration; and
(2) [is not the subject of state or federal opioid
litigation; and
[(3)] meets the eligibility requirements established
by 21 C.F.R. Section 1317.40 [and board rules].
SECTION 4. Section 442A.052, Health and Safety Code, is
amended to read as follows:
Sec. 442A.052. APPLICATION AND SELECTION PROCESSES. (a)
The commission [board] shall prescribe [adopt rules prescribing:
[(1)] the form and manner for a pharmacy to apply for
participation in the pilot program[; and
[(2) evaluation and selection criteria and
processes].
[(b)] The commission [board] shall give priority for
participation in the pilot program to a pharmacy applicant that:
(1) does not collect unused ultimate user prescription
drugs under 21 C.F.R. Part 1317 at the time the applicant submits
the application; or
(2) is located in a rural or underserved area the
commission [board] designates.
(c) A pharmacy that operates multiple locations may [must]
submit one [an] application to apply for the program for all of the
locations, provided the application includes information specific
to each location, including the physical address, phone number,
location name, and pharmacy manager's name [for each location].
Each location is separately evaluated for prioritization under
Subsection (a).
SECTION 5. Section 442A.053(b), Health and Safety Code, is
amended to read as follows:
(b) Controlled substance prescription drugs, [and]
noncontrolled substance prescription drugs, and over-the-counter
drugs may be collected together and comingled.
SECTION 6. Section 442A.055, Health and Safety Code, is
amended to read as follows:
Sec. 442A.055. PHARMACY MANAGEMENT; RECORDS. A
participating pharmacy is responsible for the daily management and
recordkeeping of the pharmacy's prescription drug safe disposal
program in accordance with the pharmacy's United States Drug
Enforcement Administration registration [and board rules].
SECTION 7. The heading to Subchapter C, Chapter 442A,
Health and Safety Code, is amended to read as follows:
SUBCHAPTER C. COMMISSION [BOARD] DUTIES
SECTION 8. Section 442A.101, Health and Safety Code, is
amended to read as follows:
Sec. 442A.101. PILOT PROGRAM INCENTIVES. (a) The
commission [board] shall assist each pharmacy participating in the
pilot program, including by paying [the costs of]:
(1) the costs of maintaining one collection receptacle
at each participating pharmacy location and destroying through
incineration of the receptacle's full inner liner the prescription
drugs deposited in the receptacle; and
(2) a one-time fee to offset the initial costs of
program participation [ordering and distributing pre-addressed,
return postage paid mail-back envelopes from a third-party
mail-back program and destroying through incineration the returned
mail-back envelopes containing the collected prescription drugs;
and
[(3) other operational needs the board determines
appropriate].
(b) The commission may contract with a United States Drug
Enforcement Administration reverse distributor to install the
collection receptacles at participating pharmacy locations and to
treat at an incineration facility registered with the United States
Drug Enforcement Administration the waste collected through the
receptacles [board:
[(1) shall directly reimburse a participating
pharmacy for costs the pharmacy incurs under Subsection (a); and
[(2) may not reimburse a participating pharmacy for
the cost of using a third-party incineration facility unless the
facility is appropriately registered with the United States Drug
Enforcement Administration].
(c) [Subject to money available for purposes of this
chapter, the board may provide financial incentives to a pharmacy
to continue providing prescription drug collection services or
expand those services to accommodate controlled substance
prescriptions.] The commission [board] may provide financial
incentives to a chain retail pharmacy for not more than 15
locations.
SECTION 9. Section 442A.102, Health and Safety Code, is
amended to read as follows:
Sec. 442A.102. COMMUNITY OUTREACH. (a) The commission
[board] shall:
(1) develop and distribute educational outreach
materials for the public about the availability of safe
prescription drug disposal in this state;
(2) post the materials on the commission's [board's]
Internet website; [and]
(3) provide the materials to other state agencies,
including the Texas State Board of Pharmacy, for those agencies to
conduct the community outreach; and
(4) create education materials for voluntary use by a
participating pharmacy.
(b) The educational outreach materials must be in English,
Spanish, and for specific areas of this state as the commission
[board] determines appropriate, another language spoken by a
substantial portion of the area's residents.
SECTION 10. Section 442A.103, Health and Safety Code, is
amended to read as follows:
Sec. 442A.103. REPORT. Not later than December 1 of each
even-numbered year, the commission [board] shall submit to the
governor and the legislature a report that:
(1) summarizes the results of the pilot program,
including:
(A) the number and geographic distribution of
collection receptacles at participating pharmacies;
(B) the estimated amount of prescription drugs
collected by participating pharmacies under the program, measured
by:
(i) the number of inner liners fully filled
with collected prescription drugs and sent for incineration by the
pharmacies; and
(ii) [the number of mail-back envelopes
distributed by the pharmacies; and
[(iii)] the weight, measured in pounds, of
the[:
[(a)] inner liners described by
Subparagraph (i)[; and
[(b) returned mail-back envelopes
filled with collected prescription drugs];
(C) the cost of the pilot program;
(D) [amount of money distributed under the pilot
program and] the identity of each participating pharmacy to which
money is distributed; and
(E) [(D)] a description of the commission's
[board's] educational efforts and outcomes; and
(2) recommends whether the pilot program should
continue, be expanded, or terminate or whether the commission
[board] should permanently implement a prescription drug safe
disposal program.
SECTION 11. Section 442A.151, Health and Safety Code, is
amended to read as follows:
Sec. 442A.151. FUNDING. (a) Money contained in the opioid
abatement account established under Section 403.505, Government
Code[, as added by Chapter 781 (S.B. 1827), Acts of the 87th
Legislature, Regular Session, 2021], shall [may] be appropriated to
the commission [board] to fund the pilot program established under
this chapter.
(b) The commission [board] may collect gifts, grants, and
donations to fund the program.
SECTION 12. Section 442A.056, Health and Safety Code, is
repealed.
SECTION 13. As soon as practicable after the effective date
of this Act, the Texas Commission on Environmental Quality shall
implement the prescription drug safe disposal program developed
under Chapter 442A, Health and Safety Code, as required by this Act.
SECTION 14. This Act takes effect September 1, 2025.