Code of the District of Columbia

Chapter 8F. Safe Disposal of Unused Pharmaceuticals.


§ 48–851.01. Definitions.

For the purposes of this chapter, the term:

(1) “Health care facility” means a hospital, assisted living facility, nursing home, or institutional pharmacy.

(2) “Institutional pharmacy” means that physical portion of a health care facility where drugs, devices, and other materials used in the diagnosis or treatment of injury, illness, and disease are dispensed, compounded, or distributed and pharmaceutical care is provided.

(3) “Pharmaceutical product” means a drug or biologic for human use regulated by the federal Food and Drug Administration.

(4) “Retail pharmacy” means a pharmacy that provides services to the public on an outpatient basis.


(Mar. 5, 2010, D.C. Law 18-112, § 2, 56 DCR 9378.)

Delegation of Authority

Delegation of Authority Pursuant to the Unused Pharmaceutical Safe Disposal Act of 2009, see Mayor’s Order 2011-90, May 6, 2011 ( 58 DCR 4176).


§ 48–851.02. Safe disposal of unused pharmaceuticals.

(a)(1) The Board of Pharmacy shall design a public education campaign to educate individuals on:

(A) The importance of promptly disposing of unused pharmaceuticals to avoid accidental overdoses, medication errors, and household drug theft;

(B) How disposing of pharmaceuticals by flushing them into the public sewer system or throwing them in the trash can be harmful to the environment and can contaminate the drinking water supply; and

(C) How to dispose of unused pharmaceuticals in a safe and environmentally sound manner.

(2) Each retail pharmacy licensed in the District of Columbia shall implement the public education campaign as required by the Board of Pharmacy.

(b)(1) By July 1, 2010, the Board of Pharmacy shall make recommendations to the Mayor regarding the establishment of a program to enable consumers to dispose of unused pharmaceuticals, including controlled substances, in a safe and environmentally sound manner.

(2) In developing recommendations, the Board of Pharmacy shall give consideration to a mail-in program that:

(A) Utilizes prepaid mailing envelopes that allow an individual to mail unused pharmaceuticals to a single collection location approved for all pharmaceuticals including controlled substances;

(B) Distributes the prepaid mailing envelopes to the public at various locations, including to all retail pharmacies;

(C) Provides for the collected pharmaceuticals to be disposed of in a manner that is:

(i) Safe;

(ii) Secure;

(iii) Environmentally sound; and

(iv) In compliance with District and federal environmental requirements; and

(D) Randomly assesses the toxicity of pharmaceuticals received; provided, that the assessment results do not identify the:

(i) Patient;

(ii) Person who mailed the material;

(iii) Prescriber; or

(iv) Pharmacy.


(Mar. 5, 2010, D.C. Law 18-112, § 3, 56 DCR 9378.)

Section References

This section is referenced in § 48-851.04.


§ 48–851.03. Disposal of pharmaceuticals by health care facilities.

(a) Effective January 1, 2011, it shall be unlawful for a health care facility to dispose of any pharmaceutical product, used or unused, by flushing the product down a drain or by any other method that utilizes the public sewer system, except as authorized by the Mayor through rulemaking.

(b) A health care facility that is determined to have disposed of a pharmaceutical product in a manner prohibited by this chapter or by rules issued pursuant to this chapter shall be subject to a civil fine of up to $1,000 per occurrence and required to submit to the Board of Pharmacy a mitigation plan designed to prevent further occurrences.


(Mar. 5, 2010, D.C. Law 18-112, § 4, 56 DCR 9378.)

Section References

This section is referenced in § 48-851.04.


§ 48–851.04. Rules.

(a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], shall issue rules to implement the provisions of § 48-851.03. The rules shall specify safe, secure, and environmentally sound methods for health care facilities to dispose of used and unused pharmaceuticals.

(b) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of § 48-851.02.


(Mar. 5, 2010, D.C. Law 18-112, § 5, 56 DCR 9378.)

Editor's Notes

Revision of chapter: D.C. Law 4-29 enacted the District of Columbia Uniform Controlled Substances Act of 1981. D.C. Law 4-29 repealed former §§ 33-501, 33-503 to 33-513, 33-515 to 33-520, 33-521(a), (c) through (g), and 33-522 to 33-526 1981 Ed., redesignated former §§ 33-502, 33-514, and 33-521 1981 Ed. as present §§ 48-921.01, 48-921.02, and 48-931.01, respectively, and enacted present §§ 48-901.02, 48-902.01 to 48-902.13, 48-903.01 to 48-903.09, 48-904.01 to 48-904.10, 48-905.01 to 48-905.07, and 48-906.01 to 48-906.03. Former § 33-509 1981 Ed. had been amended by D.C. Law 4-25.

Former §§ 33-501 to 33-526 1981 Ed. as they existed prior to the revision of this chapter by D.C. Law 4-29, were part of the Uniform Narcotic Drug Act, approved June 20, 1938 (52 Stat. 785). D.C. Law 4-29 also repealed, inter alia, the provisions of former chapter 6 of this title, the Dangerous Drug Act for the District of Columbia, approved July 24, 1956 (70 Stat. 612).


Subchapter II. Safe Disposal of Controlled Substances.

§ 48–852.01. Definitions. [Not Funded]

Not Funded.


(Apr. 11, 2019, D.C. Law 22-285, § 2, 66 DCR 1621.)

Applicability

Applicability of D.C. Law 22-285: § 8 of D.C. Law 22-285 provided that the creation of this section by § 2 of D.C. Law 22-285 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.


§ 48–852.02. Safe disposal of controlled substances. [Not Funded]

Not Funded.


(Apr. 11, 2019, D.C. Law 22-285, § 3, 66 DCR 1621.)

Applicability

Applicability of D.C. Law 22-285: § 8 of D.C. Law 22-285 provided that the creation of this section by § 3 of D.C. Law 22-285 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.


§ 48–852.03. Collection by law enforcement. [Not Funded]

Not Funded.


(Apr. 11, 2019, D.C. Law 22-285, § 4, 66 DCR 1621.)

Applicability

Applicability of D.C. Law 22-285: § 8 of D.C. Law 22-285 provided that the creation of this section by § 4 of D.C. Law 22-285 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.


§ 48–852.04. Registrants authorized to collect; authorized collection activities. [Not Funded]

Not Funded.


(Apr. 11, 2019, D.C. Law 22-285, § 5, 66 DCR 1621.)

Applicability

Applicability of D.C. Law 22-285: § 8 of D.C. Law 22-285 provided that the creation of this section by § 5 of D.C. Law 22-285 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.


§ 48–852.05. Collection receptacles. [Not Funded]

Not Funded.


(Apr. 11, 2019, D.C. Law 22-285, § 6, 66 DCR 1621.)

Applicability

Applicability of D.C. Law 22-285: § 8 of D.C. Law 22-285 provided that the creation of this section by § 6 of D.C. Law 22-285 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.


§ 48–852.06. Collection receptacles at long-term care facilities. [Not Funded]

Not Funded.


(Apr. 11, 2019, D.C. Law 22-285, § 7, 66 DCR 1621.)

Applicability

Applicability of D.C. Law 22-285: § 8 of D.C. Law 22-285 provided that the creation of this section by § 7 of D.C. Law 22-285 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.


§ 48–852.07. Applicability.

(a) This subchapter shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan.

(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification.

(c)(1) The Budget Director shall cause the notice of the certification to be published in the District of Columbia Register.

(2) The date of publication of the notice of the certification shall not affect the applicability of this subchapter.


(Apr. 11, 2019, D.C. Law 22-285, § 8, 66 DCR 1621.)