H. B. 2113
(By Delegate Manypenny)
[Introduced February 13, 2013; referred to the
Committee on Health and Human Resources then the Fiance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §16-2M-1, §16-2M-2,
§16-2M-3, §16-2M-4, §16-2M-5, §16-2M-6 and §16-2M-7, all
relating to establishing a two-year pilot program on the
disposal of unused pharmaceuticals; authorizing rulemaking;
and requiring a legislative report.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §16-2M-1, §16-2M-2,
§16-2M-3, §16-2M-4, §16-2M-5, §16-2M-6 and §16-2M-7, all to read as
ARTICLE 2M. UNUSED PHARMACEUTICAL DISPOSAL PILOT PROGRAM.
§16-2M-1. Establishment; purpose.
_____There is established the Unused Pharmaceutical Disposal Pilot Program, referred to in this article as "the program." The purpose
of the program is to ensure the safe, effective and proper disposal
of unused pharmaceuticals.
_____The program will be administered by the Bureau for Public
Health in the Department of Health and Human Resources, referred to
in this article as "the bureau."
§16-2M-3. Return of pharmaceuticals.
_____The bureau shall create a system for the return of unused
pharmaceuticals. The system must use prepaid mailing envelopes into
which the unused pharmaceuticals are placed and returned to a
single collection location. The prepaid mailing envelopes must be
made available to the public at various locations including, but
not limited to, pharmacies, physicians' offices and post offices.
The bureau may randomly assess the toxicity of materials received
under the program as long as the assessment results do not identify
the patient, person who mailed the material, prescriber or
pharmacy. The system may include other ways that unused
pharmaceuticals may be collected.
§16-2M-4. Disposal of pharmaceuticals.
The bureau shall ensure that only bureau officers handle the
unused pharmaceuticals received pursuant to section three of this
article. The unused pharmaceuticals must be disposed of by the bureau in a manner that is designed to be effective, secure and in
compliance with local, state and federal environmental
requirements, including the federal Resource Conservation and
Recovery Act of 1976, as amended.
§16-2M-5. Unused Pharmaceutical Disposal Program Fund; funding.
_____The Unused Pharmaceutical Disposal Program Fund, referred to
in this article as "the fund," is established within the bureau to
be used by the director of the bureau to fund or assist in funding
the program. Any balance in the fund does not lapse but is carried
forward to be expended for the same purposes in succeeding fiscal
years. The fund must be deposited with and maintained and
administered by the bureau. The bureau may accept funds into the
fund from any non General Revenue Fund source, including grants or
contributions of money or other things of value, that it determines
necessary to carry out the purposes of this article. Money received
by the bureau to establish and maintain the program must be used
for the expenses of administering this article.
_____The bureau shall propose rules for legislative approval in
accordance with the provisions of article three, chapter
twenty-nine-a of this code on or before December 1, 2013.
§16-2M-7. Length of pilot program; report.
_____The program shall be for a two-year period beginning on April
1, 2014. The bureau shall report to the Legislature's Joint Committee on Government and Finance on or before October 1, 2016 on
the effectiveness of the pilot program and recommendations for
future legislation, including the feasibility of continuing,
expanding or discontinuing the program.
NOTE: The purpose of this bill is to establish a two-year
pilot program on the disposal of unused pharmaceuticals. The bill
authorizes rulemaking and requires a legislative report.
This article is new; therefore, it has been completely