H. B. 4640
(By Delegate Manypenny)
[Introduced February 20, 2012; referred to the
Committee on Health and Human Resources then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2L-1, §16-2L-2, §16-2L-3, §16-2L-4, §16-2L-5, §16-2L-6 and §16-2L-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 §16-2L-1, §16-2L-2, §16-2L-3, §16-2L-4, §16-2L-5, §16-2L-6 and §16-2L-7, all to read as follows:
ARTICLE 2L. UNUSED PHARMACEUTICAL DISPOSAL PILOT PROGRAM.
§16-2L-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.”
§16-2L-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.
§16-2L-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.
§16-2L-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, 2012.
§16-2L-7. Length of pilot program; report.
The program shall be for a two-year period beginning on April 1, 2013. The bureau shall report to the Legislature's Joint Committee on Government and Finance on or before October 1, 2015 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 underscored.