1.This Act may be cited as the
Safe Prescription Drug Disposal and
Education Act
.
2.Prescription Drug
Disposal
(a)Delivery of
controlled substances by ultimate users for disposal
(1)Section 302 of the Controlled Substances Act (21 U.S.C.
822) is amended by adding at the end the following:
(g)(1)For the purpose of carrying out a grant
program established by the Attorney General under section 2(b) of the Safe
Prescription Drug Disposal and Education Act—
(A)an
ultimate user (or an individual authorized to act on behalf of the ultimate
user) who has lawfully obtained a controlled substance in accordance with this
title may, without being registered, deliver the controlled substance to
another person for the purpose of disposal of the controlled substance;
and
(B)a person to whom such controlled
substance is being delivered may, without being registered, receive such
controlled substance for such purpose.
The
Attorney General shall issue regulations to carry out this subsection. Such
regulations shall be consistent with the public health and safety and ensure
the safe disposal of any controlled substances handled, delivered, received, or
disposed under this
subsection..
(2)Section 308(b) of the Controlled Substances Act (21
U.S.C. 828(b)) is amended—
(A)by striking the
period at the end of paragraph (2) and inserting ; or
;
and
(B)by adding at the
end the following:
(3)the delivery or
receipt of such a substance for the purpose of disposal by a person acting in
accordance with section
302(g).
.
(b)Prescription
Drug Disposal Units
(1)The Attorney
General may make grants to eligible entities to establish and operate
prescription drug disposal units for individuals to dispose of any prescription
drug that such individuals no longer need or want, or that has expired at
locations that the Attorney General determines are appropriate pursuant to
State and local requirements related to waste or hazardous waste management and
any regulations issued by the Food and Drug Administration.
(2)For purposes of this section, an eligible
entity is a State, unit of local government, nonprofit organization, local
educational agency, Indian tribe, a Federal, State, and local governmental
agency, corporation, community coalition, or any combination thereof.
(3)An eligible entity
receiving a grant under this section shall use the amounts received under such
grant only for each of the following purposes:
(A)To provide for the
establishment, installation, replacement, maintenance, or operation of
prescription drug disposal units meeting the requirements of subsection
(e).
(B)To hire a reverse
distributor (as such term is defined in section 1300.01 of title 21 of the Code
of Federal Regulations as of the date of the enactment of this Act), an
appropriate waste or hazardous waste management organization, or any other
appropriate entity in the State or unit of local government, to collect items
contained in the prescription drug disposal units funded with amounts from the
grant and dispose of such items.
(4)To
be eligible to receive a grant under this section, an eligible entity shall
submit to the Attorney General an application at such time, in such manner, and
containing such information as the Attorney General may require.
(5)Prescription
Drug Disposal Unit RequirementsEach prescription drug unit
funded with amounts from a grant under this section shall meet the following
requirements:
(A)The unit shall be
secure against the risk of theft and access by unauthorized individuals.
(B)The unit shall be
placed in a location that is easily accessible to individuals seeking to
dispose of prescription drugs.
(C)The unit shall be
clearly and conspicuously marked with Prescription Drug Drop-Off
Box.
(6)As
a condition of receiving a grant under this section, an eligible entity
receiving a grant shall agree to comply with any rules promulgated by the
Attorney General regarding the safe and regular disposal of the prescription
drugs contained in each prescription drug disposal unit funded by amounts from
such grant.
(7)Selection of
grant recipients
(A)The Attorney General shall issue regulations to
establish selection criteria for grants under this section.
(B)Geographic
distribution of grantsThe
Attorney General shall ensure that, to the extent reasonable and practicable,
an equitable geographic distribution of grant awards is made that considers the
special needs of rural and urban communities.
(8)Authorization of
appropriationsThere is authorized to be appropriated $5,000,000
for each of fiscal years 2011 through 2014 to carry out this section.
3.Prescription Drug
Abuse Education
(a)Public education
campaignThe Director of National Drug Control Policy, in
consultation with the Administrator of the Environmental Protection Agency,
shall carry out a public education and outreach campaign to increase awareness
of how ultimate users may lawfully and safely dispose of prescription drugs,
including controlled substances, through drug take-back programs and other
appropriate means.
(b)Educational
program grants
(1)Educational
programs to prevent prescription drug abuseThe Attorney General may make grants to
eligible entities to design and implement educational programs on the abuse of
the following items:
(A)Prescription
drugs.
(B)Household items
that may be used to have an altering effect on perception, emotion, or behavior
similar to that caused by the use of psychotropic drugs.
(2)For purposes of this section, an eligible
entity is an entity described in section 2(b) of this Act.
(3)An eligible entity
receiving a grant under this section shall use the amounts received from such
grant to develop and implement educational programs designed to educate
students in the sixth through twelfth grades and parents and legal guardians of
such students, on topics related to the abuse of prescription drugs, including
the following:
(A)The health risks
and legal liability posed by the abuse of the items described in paragraphs (1)
and (2) of subsection (a).
(B)The dangers posed by stealing prescription
drugs from other individuals.
(C)For a parent or legal guardian, indications
that a student may be abusing the items described in paragraphs (1) and (2) of
subsection (a).
(D)The behaviors that
can lead to the abuse of such items.
(E)Available methods
for the safe disposal and collection of such items.
(F)Resources
available for an intervention in the case of a person who has been abusing such
items.
(4)To
be eligible to be selected to receive a grant under this section, an eligible
entity shall submit to the Attorney General an application at such time, in
such manner, and containing such information as the Attorney General may
require.
(5)Selection of
grant recipients
(A)In selecting recipients for grants under this section,
the Attorney General shall—
(i)consult with the
peer review committee established under paragraph (2);
(ii)give priority to any eligible entity in
connection with an application submitted under subsection (d) that demonstrates
community support for the application; and
(iii)ensure that, to the extent reasonable and
practical, an equitable geographic distribution of grant awards is made that
considers the special needs of rural and urban communities.
(B)
(i)The Attorney General
shall establish a peer review committee to review applications for a grant
under this section and to submit to the Attorney General recommendations on
which applications should be approved for a grant, which shall consist of 7
members appointed by the Attorney General.
(ii)Such
committee shall be composed of at least one of each of the following
individuals:
(I)A
substance abuse counselor.
(II)A psychological counselor.
(III)A public health
official.
(IV)A
physician.
(V)A
community anti-drug coalition leader.
(VI)An appopriate
member of a State or local law enforcement agency.
(iii)Members of the committee shall serve without pay.
(iv)Each
member of the committee shall serve for two years and may serve for as many
successive terms as the member agrees to serve and as the Attorney General may
request.
(v)If
a vacancy occurs on such committee, the Attorney General shall appoint a new
member in the same manner as the initial appointment was made under this
subsection.
(6)Authorization of
appropriationsThere is authorized to be appropriated $5,000,000
for each of fiscal years 2011 through 2014 to carry out this section.