SENIOR ASSEMBLY PROPOSAL NO. 10

INTRODUCED BY SENIOR ASSEMBLY MEMBER KAGAN

LEGISLATIVE COUNSEL'S DIGEST

AP 10: PRESCRIPTION DRUG WASTE RECYCLING.

UNDER EXISTING LAW, THE DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY IS REQUIRED TO DEVELOP, IN CONSULTATION WITH APPROPRIATE STATE, LOCAL, AND FEDERAL AGENCIES, MODEL PROGRAMS FOR THE COLLECTION AND PROPER DISPOSAL OF PHARMACEUTICAL DRUG WASTE.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD REQUIRE ALL PHARMACEUTICAL DRUG MANUFACTURERS AND DISTRIBUTORS TO ESTABLISH LOCAL PRESCRIPTION DRUG RECYCLING CENTERS UNDER THE OVERSIGHT OF EACH COUNTY.

VOTE: MAJORITY.

AP 10: RELATING TO PRESCRIPTION DRUG RECYCLING

WHEREAS, THERE ARE NO RECYCLING PROGRAMS FOR DRUGS OR OUT-OF-DATE MEDICATIONS IN THE STATE OF CALIFORNIA; AND

WHEREAS, SINCE THE YEAR 2000, AT LEAST 37 STATES HAVE ENACTED PROGRAMS FOR DRUG RECYCLING OR RECLAMATION, AND SIX OF THESE STATES FOCUS ON CANCER-RELATED PRESCRIPTION DRUGS, ACCORDING TO THE NATIONAL CONFERENCE OF STATE LEGISLATURES; AND

WHEREAS, THESE STATE PROGRAMS ALLOW THE RETURN OF PRESCRIPTION DRUGS IN SINGLE USE OR SEALED PACKAGING FROM STATE PROGRAMS, NURSING HOMES, AND OTHER MEDICAL FACILITIES, BUT NOT FROM AN INDIVIDUAL; AND

WHEREAS, A LAW IN CALIFORNIA DEALING WITH THE DISPOSAL OF PRESCRIPTION MEDICATIONS WAS ENACTED AS DIVISION 116 (COMMENCING WITH SECTION 150200) OF THE HEALTH AND SAFETY CODE (CHAPTER 444 OF THE STATUTES OF 2005 BY SENATOR SIMITIAN); AND

WHEREAS, THAT ACT ALLOWS COUNTIES TO ESTABLISH A PROGRAM TO DISTRIBUTE SURPLUS UNUSED MEDICATIONS, BUT THESE MEDICATIONS CANNOT BE DONATED BY THE PUBLIC; AND

WHEREAS, THE PROGRAMS AUTHORIZED BY THAT ACT ARE NOT OPERATIONAL, AS OF MAY 2011; AND

WHEREAS, WE BELIEVE THAT THE TRUE SOLUTION TO THIS PROBLEM IS TO REQUIRE PHARMACEUTICAL COMPANIES, IN PARTNERSHIP WITH THE LOCAL PHARMACIES, TO ESTABLISH PRESCRIPTION DRUG RECYCLING CENTERS; AND

WHEREAS, BASED ON THEIR EXPERTISE WITH THE INGREDIENTS OF THE DRUG, PHARMACEUTICAL COMPANIES WILL BE ABLE TO BREAK APART THE DRUG AND EITHER RECYCLE IT IN A SAFE AND NONTHREATENING MANNER OR DISSOLVE IT IN A WAY TO PROTECT OUR WATER SUPPLY AND THE ENVIRONMENT; AND

WHEREAS, THE EXPENSE OF THE ESTABLISHMENT OF PRESCRIPTION DRUG RECYCLING CENTERS THROUGHOUT THE STATE OF CALIFORNIA SHOULD BE BORNE BY THE PHARMACEUTICAL COMPANIES AND THE LOCAL PHARMACIES, AND NOT BY THE STATE OF CALIFORNIA; AND

WHEREAS, THE BOARD OF SUPERVISORS OF EACH COUNTY, WITH THE ADVICE OF THE COUNTY’S COUNCIL ON AGING, SHOULD OVERSEE THOSE DRUG RECYCLING CENTERS; NOW, THEREFORE, BE IT

RESOLVED, BY THE SENIOR ASSEMBLY AND THE SENIOR SENATE, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2011 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT ALL PHARMACEUTICAL MANUFACTURERS AND DISTRIBUTORS BE REQUIRED TO ESTABLISH LOCAL PRESCRIPTION DRUG RECYCLING CENTERS UNDER THE SUPERVISION AND OVERSIGHT OF EACH COUNTY; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER

RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE SPEAKER OF THE ASSEMBLY, THE PRESIDENT PRO TEMPORE OF THE SENATE, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.

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RN 11 18080