Date Requested:February 15, 2013
Time Requested:10:12 AM
Agency: Health and Human Resources, Department of
CBD Number: Version: Bill Number: Resolution Number:
2013R1509 Introduced HB2113
CBD Subject: UNUSED PHARMACEUTICAL DISPOSAL PILOT PROGRAM
FUND(S)
0407 - Central Office General Administrative Fund
Sources of Revenue
General Fund,Special Fund
Legislation creates:
A New Program,A New Fund

Fiscal Note Summary

Effect this measure will have on costs and revenues of state government.

    The purpose of the proposed legislation is to establish a two-year pilot program on the disposal of unused pharmaceuticals. The bill authorizes rulemaking and requires legislative report. The unused pharmaceuticals must be disposed of by the Bureau for Public Health 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. The Department shall report on the effectiveness of the pilot program and make recommendations for future legislation, including the feasibility of continuing, expanding or discontinuing the program.
    The Department estimates the total costs of this legislation to be $179,976 in the first year and $176,976 thereafter.
    The United States Drug Enforcement Agency (DEA) prohibits anyone other than law enforcement from dealing with controlled substances, therefore, the proposed estimated cost is based on the assumption that only over-the-counter and noncontrolled substances will be taken back. This is similar to other drug take-back programs operated or recommended by the State of Maine, the National Community Pharmacists Association Unused Medication Take-Back Project and the Drug Take-Back Network operated in West Virginia by the West Virginia Consumer Drug Return Partnership.
    The goals for the unused pharmaceutical disposal pilot program in West Virginia are to devise, implement and evaluate a mail-back plan to remove unused and unwanted medications (pharmaceuticals) from the citizens of West Virginia. This pilot program includes both prescription and over-the-counter pharmaceuticals to be disposed of in compliance with applicable State and Federal laws, sound environmental practices, and to test the effectiveness of the pilot program as to the hazards to life, health, and the environment posed by improper storage and disposal of unwanted medications. A cost-effective model in disposal of unwanted medication would be created and implemented, and an educational campaign would be instituted in West Virginia. Further, the pilot project will address potential barriers to participation due to age, infirmity, rural locale, and other challenges.
    

Fiscal Note Detail
Over-all effect
Effect of Proposal Fiscal Year
2013
Increase/Decrease
(use"-")
2014
Increase/Decrease
(use"-")
Fiscal Year
(Upon Full
Implementation)
1. Estmated Total Cost 0 179,976 176,976
Personal Services 0 77,591 77,591
Current Expenses 0 99,385 99,385
Repairs and Alterations 0 0 0
Assets 0 3,000 0
Other 0 0 0
2. Estimated Total Revenues 0 0 0
3. Explanation of above estimates (including long-range effect):
    Creating an Unused Pharmaceutical Disposal Pilot Program will cost the Bureau for Public Health, Office of Environmental Health Services an estimated $179,976 for the first year and $176,976 thereafter.
    Salaries, totaling $50,500, are calculated as follows: Environmental Resource Specialist III (1 FTE, $40,000) and an Office Assistant II (.50 FTE, $10,500). Fringe Benefits, totaling $27,091, are calculated as follows: administrative fees and health insurance at $7,858 per FTE X 1.50 = $11,787, FICA, retirement and workers' compensation at 23.96% of personal services is $12,100. WV OPEB contribution is $178 per month X 12 = $2,136 per year for each insurance policy holder. It is anticipated that each employee will have insurance; total WV OPEB cost for 1.5 employees is $3,204. Total cost estimated for personal services is $77,591.
    West Virginia will purchase envelopes to have the unwanted drugs sent to a Post Office Box for collection. The purchase of the envelopes (including freight), supplies and materials is $10,000; assembly and printing (assumes color printing) is $10,000; postage fees (including post office box rental) is $12,500; secure storage and disposal is $40,000; website and phone costs are $4,000; travel cost for training, education and onsite distribution of materials is $18,960; rent/utilities is $2,925; and office supplies is $1,000. Total current expense is $99,385.
    A onetime purchase for computer equipment of $3,000 is estimated for the 1.5 positions listed above.
    


Memorandum
Person submitting Fiscal Note:
Rocco S. Fucillo
Email Address:
dhhrbudgetoffice@wv.gov
    The Department has evaluated this proposed legislation. It will be necessary to have the rule written in such a manner that law enforcement officials are able to accept the envelopes containing the unused drugs. It is recommended that a group be formed that is composed of representatives from law enforcement, Department of Environmental Protection, West Virginia University and/or Marshall University, and other interested groups. The group would be tasked with addressing postal regulations, methods and requirements for mailing, minimizing drug diversion and theft of mailed returns, providing public education, and encouraging the development of turn-in programs. The implementation group would also seek outside funds to support this program.
    The proposed legislation does not indicate what type of drugs will be returned. Controlled substances cannot be mailed and law enforcement must be present to take possession of them. Sharps (syringes, needles, diabetic waste) cannot be returned unless sharps containers are available and a hazardous waste facility is available to handle this waste, which would require additional costs. For these reasons, the Bureau has prepared the estimated costs excluding these items.
    There are pharmacies throughout West Virginia that already take back prescription drugs; there is a website for individuals to locate the closest pharmacy (http://www.disposemymeds.org/).