Secure Drug Take-Back Act (Chapter 69.48 RCW)

CERTIFICATION OF ENROLLMENT ENGROSSED SUBSTITUTE HOUSE BILL 1047 Chapter 196, Laws of 2018 65th Legislature 2018 Regular Session UNWANTED MEDICATION DISPOSAL EFFECTIVE DATE: June 7, 2018 Passed by the House March 3, 2018 Yeas 84 Nays 12 FRANK CHOPP Speaker of the House of Representatives Passed by the Senate February 27, 2018 Yeas 49 Nays 0 CYRUS HABIB President of the Senate CERTIFICATE I, Bernard Dean, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE HOUSE BILL 1047 as passed by House of Representatives and the Senate on the dates hereon set forth. BERNARD DEAN Chief Clerk Approved March 22, 2018 3:05 PM FILED March 26, 2018 JAY INSLEE Governor of the State of Washington Secretary of State State of Washington AN ACT Relating to protecting the public's health by creating a1 system for safe and secure collection and disposal of unwanted2 medications; amending RCW 42.56.270 and 69.41.030; adding a new3 section to chapter 69.50 RCW; adding a new section to chapter 70.954 RCW; adding new sections to chapter 43.131 RCW; adding a new chapter5 to Title 69 RCW; creating a new section; prescribing penalties; and6 providing an expiration date. 7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:8 NEW SECTION. Sec. 1. LEGISLATIVE FINDINGS. (1) Abuse, fatal9 overdoses, and poisonings from prescription and over-the-counter10 medicines used in the home have emerged as an epidemic in recent11 years. Poisoning is the leading cause of unintentional injury-related12 death in Washington, and more than ninety percent of poisoning deaths13 are due to drug overdoses. Poisoning by prescription and over-the-14 counter medicines is also one of the most common means of suicide and15 suicide attempts, with poisonings involved in more than twenty-eight16 thousand suicide attempts between 2004 and 2013.17 (2) Home medicine cabinets are the most common source of18 prescription drugs that are diverted and misused. Studies find about19 seventy percent of those who abuse prescription medicines obtain the20 drugs from family members or friends, usually for free. People who21 ENGROSSED SUBSTITUTE HOUSE BILL 1047 AS AMENDED BY THE SENATE Passed Legislature - 2018 Regular Session State of Washington 65th Legislature 2017 Regular Session By House Health Care & Wellness (originally sponsored by Representatives Peterson, Appleton, Stanford, Robinson, Lytton, Ormsby, Senn, Jinkins, Bergquist, Frame, Gregerson, Doglio, Fey, Tharinger, Ryu, Kilduff, Macri, Hudgins, Farrell, Sawyer, and Cody) READ FIRST TIME 02/17/17. p. 1 ESHB 1047.SL are addicted to heroin often first abused prescription opiate1 medicines. Unused, unwanted, and expired medicines that accumulate in2 homes increase risks of drug abuse, overdoses, and preventable3 poisonings. 4 (3) A safe system for the collection and disposal of unused,5 unwanted, and expired medicines is a key element of a comprehensive6 strategy to prevent prescription drug abuse, but disposing of7 medicines by flushing them down the toilet or placing them in the8 garbage can contaminate groundwater and other bodies of water,9 contributing to long-term harm to the environment and animal life.10 (4) The legislature therefore finds that it is in the interest of11 public health to establish a single, uniform, statewide system of12 regulation for safe and secure collection and disposal of medicines13 through a uniform drug "take-back" program operated and funded by14 drug manufacturers. 15 NEW SECTION. Sec. 2. DEFINITIONS. The definitions in this16 section apply throughout this chapter unless the context clearly17 requires otherwise.18 (1) "Administer" means the direct application of a legend drug19 whether by injection, inhalation, ingestion, or any other means, to20 the body of the patient or research subject by: 21 (a) A practitioner; or 22 (b) The patient or research subject at the direction of the23 practitioner. 24 (2) "Authorized collector" means any of the following persons or25 entities that have entered into an agreement with a program operator26 to collect covered drugs: 27 (a) A person or entity that is registered with the United States28 drug enforcement administration and that qualifies under federal law29 to modify its registration to collect controlled substances for the30 purpose of destruction; 31 (b) A law enforcement agency; or 32 (c) An entity authorized by the department to provide an33 alternative collection mechanism for certain covered drugs that are34 not controlled substances, as defined in RCW 69.50.101.35 (3) "Collection site" means the location where an authorized36 collector operates a secure collection receptacle for collecting37 covered drugs. 38 p. 2 ESHB 1047.SL (4)(a) "Covered drug" means a drug from a covered entity that the1 covered entity no longer wants and that the covered entity has2 abandoned or discarded or intends to abandon or discard. "Covered3 drug" includes legend drugs and nonlegend drugs, brand name and4 generic drugs, drugs for veterinary use for household pets, and drugs5 in medical devices and combination products. 6 (b) "Covered drug" does not include: 7 (i) Vitamins, minerals, or supplements; 8 (ii) Herbal-based remedies and homeopathic drugs, products, or9 remedies; 10 (iii) Controlled substances contained in schedule I of the11 uniform controlled substances act, chapter 69.50 RCW;12 (iv) Cosmetics, shampoos, sunscreens, lip balm, toothpaste,13 antiperspirants, or other personal care products that are regulated14 as both cosmetics and nonprescription drugs under the federal food,15 drug, and cosmetic act, 21 U.S.C. Sec. 301 et seq.;16 (v) Drugs for which manufacturers provide a pharmaceutical17 product stewardship or drug take-back program as part of a federal18 food and drug administration managed risk evaluation and mitigation19 strategy under 21 U.S.C. Sec. 355-1; 20 (vi) Biological drug products, as defined by 21 C.F.R. 600.3 (h)21 as it exists on the effective date of this section, for which22 manufacturers provide a pharmaceutical product stewardship or drug23 take-back program and who provide the department with a report24 describing the program, including how the drug product is collected25 and safely disposed and how patients are made aware of the drug take-26 back program, and who updates the department on changes that27 substantially alter their drug take-back program; 28 (vii) Drugs that are administered in a clinical setting;29 (viii) Emptied injector products or emptied medical devices and30 their component parts or accessories; 31 (ix) Exposed needles or sharps, or used drug products that are32 medical wastes; or 33 (x) Pet pesticide products contained in pet collars, powders,34 shampoos, topical applications, or other forms. 35 (5) "Covered entity" means a state resident or other nonbusiness36 entity and includes an ultimate user, as defined by regulations37 adopted by the United States drug enforcement administration.38 "Covered entity" does not include a business generator of39 pharmaceutical waste, such as a hospital, clinic, health care40 p. 3 ESHB 1047.SL provider's office, veterinary clinic, pharmacy, or law enforcement1 agency. 2 (6) "Covered manufacturer" means a person, corporation, or other3 entity engaged in the manufacture of covered drugs sold in or into4 Washington state. "Covered manufacturer" does not include:5 (a) A private label distributor or retail pharmacy that sells a6 drug under the retail pharmacy's store label if the manufacturer of7 the drug is identified under section 4 of this act;8 (b) A repackager if the manufacturer of the drug is identified9 under section 4 of this act; or 10 (c) A nonprofit, 501 (c)(3) health care corporation that11 repackages drugs solely for the purpose of supplying a drug to12 facilities or retail pharmacies operated by the corporation or an13 affiliate of the corporation if the manufacturer of the drug is14 identified under section 4 of this act. 15 (7) "Department" means the department of health.16 (8)(a) "Drug" means: 17 (a) Substances recognized as drugs in the official United States18 pharmacopoeia, official homeopathic pharmacopoeia of the United19 States, or official national formulary, or any supplement to any of20 them; 21 (b) Substances intended for use in the diagnosis, cure,22 mitigation, treatment, or prevention of disease in human beings or23 animals; 24 (c) Substances other than food, minerals, or vitamins that are25 intended to affect the structure or any function of the body of human26 beings or animals; and 27 (d) Substances intended for use as a component of any article28 specified in (a), (b), or (c) of this subsection. 29 (9) "Drug take-back organization" means an organization30 designated by a manufacturer or group of manufacturers to act as an31 agent on behalf of each manufacturer to develop and implement a drug32 take-back program. 33 (10) "Drug take-back program" or "program" means a program34 implemented by a program operator for the collection, transportation,35 and disposal of covered drugs. 36 (11) "Drug wholesaler" means an entity licensed as a wholesaler37 under chapter 18.64 RCW. 38 (12) "Generic drug" means a drug that is chemically identical or39 bioequivalent to a brand name drug in dosage form, safety, strength,40 p. 4 ESHB 1047.SL route of administration, quality, performance characteristics, and1 intended use. The inactive ingredients in a generic drug need not be2 identical to the inactive ingredients in the chemically identical or3 bioequivalent brand name drug. 4 (13) "Legend drug" means a drug, including a controlled substance5 under chapter 69.50 RCW, that is required by any applicable federal6 or state law or regulation to be dispensed by prescription only or7 that is restricted to use by practitioners only. 8 (14) "Mail-back distribution location" means a facility, such as9 a town hall or library, that offers prepaid, preaddressed mailing10 envelopes to covered entities. 11 (15) "Mail-back program" means a method of collecting covered12 drugs from covered entities by using prepaid, preaddressed mailing13 envelopes. 14 (16) "Manufacture" has the same meaning as in RCW 18.64.011.15 (17) "Nonlegend drug" means a drug that may be lawfully sold16 without a prescription. 17 (18) "Pharmacy" means a place licensed as a pharmacy under18 chapter 18.64 RCW. 19 (19) "Private label distributor" means a company that has a valid20 labeler code under 21 C.F.R. Sec. 207.17 and markets a drug product21 under its own name, but does not perform any manufacturing.22 (20) "Program operator" means a drug take-back organization,23 covered manufacturer, or group of covered manufacturers that24 implements or intends to implement a drug take-back program approved25 by the department. 26 (21) "Repackager" means a person who owns or operates an27 establishment that repacks and relabels a product or package28 containing a covered drug for further sale, or for distribution29 without further transaction. 30 (22) "Retail pharmacy" means a place licensed as a pharmacy under31 chapter 18.64 RCW for the retail sale and dispensing of drugs.32 (23) "Secretary" means the secretary of health.33 NEW SECTION. Sec. 3. REQUIREMENT TO PARTICIPATE IN A DRUG TAKE-34 BACK PROGRAM. A covered manufacturer must establish and implement a35 drug take-back program that complies with the requirements of this36 chapter. A manufacturer that becomes a covered manufacturer after the37 effective date of this section must, no later than six months after38 the date on which the manufacturer became a covered manufacturer,39 p. 5 ESHB 1047.SL participate in an approved drug take-back program or establish and1 implement a drug take-back program that complies with the2 requirements of this chapter. A covered manufacturer may establish3 and implement a drug take-back program independently, as part of a4 group of covered manufacturers, or through membership in a drug take-5 back organization. 6 NEW SECTION. Sec. 4. IDENTIFICATION OF COVERED MANUFACTURERS.7 (1) No later than ninety days after the effective date of this8 section, a drug wholesaler that sells a drug in or into Washington9 must provide a list of drug manufacturers to the department in a form10 agreed upon with the department. A drug wholesaler must provide an11 updated list to the department on January 15th of each year.12 (2) No later than ninety days after the effective date of this13 section, a retail pharmacy, private label distributor, or repackager14 must provide written notification to the department identifying the15 drug manufacturer from which the retail pharmacy, private label16 distributor, or repackager obtains a drug that it sells under its own17 label. 18 (3) A person or entity that receives a letter of inquiry from the19 department regarding whether or not it is a covered manufacturer20 under this chapter shall respond in writing no later than sixty days21 after receipt of the letter. If the person or entity does not believe22 it is a covered manufacturer for purposes of this chapter, it shall:23 (a) State the basis for the belief; (b) provide a list of any drugs24 it sells, distributes, repackages, or otherwise offers for sale25 within the state; and (c) identify the name and contact information26 of the manufacturer of the drugs identified under (b) of this27 subsection. 28 NEW SECTION. Sec. 5. DRUG TAKE-BACK PROGRAM APPROVAL. (1) By29 July 1, 2019, a program operator must submit a proposal for the30 establishment and implementation of a drug take-back program to the31 department for approval. The department shall approve a proposed32 program if the applicant submits a completed application, the33 proposed program meets the requirements of subsection (2) of this34 section, and the applicant pays the appropriate fee established by35 the department under section 12 of this act.36 (2) To be approved by the department, a proposed drug take-back37 program must: 38 p. 6 ESHB 1047.SL (a) Identify and provide contact information for the program1 operator and each participating covered manufacturer;2 (b) Identify and provide contact information for the authorized3 collectors for the proposed program, as well as the reasons for4 excluding any potential authorized collectors from participation in5 the program; 6 (c) Provide for a collection system that complies with section 67 of this act; 8 (d) Provide for a handling and disposal system that complies with9 section 8 of this act; 10 (e) Identify any transporters and waste disposal facilities that11 the program will use; 12 (f) Adopt policies and procedures to be followed by persons13 handling covered drugs collected under the program to ensure safety,14 security, and compliance with regulations adopted by the United15 States drug enforcement administration, as well as any applicable16 laws; 17 (g) Ensure the security of patient information on drug packaging18 during collection, transportation, recycling, and disposal;19 (h) Promote the program by providing consumers, pharmacies, and20 other entities with educational and informational materials as21 required by section 7 of this act; 22 (i) Demonstrate adequate funding for all administrative and23 operational costs of the drug take-back program, with costs24 apportioned among participating covered manufacturers;25 (j) Set long-term and short-term goals with respect to collection26 amounts and public awareness; and 27 (k) Consider: (i) The use of existing providers of pharmaceutical28 waste transportation and disposal services; (ii) separation of29 covered drugs from packaging to reduce transportation and disposal30 costs; and (iii) recycling of drug packaging. 31 (3)(a) No later than one hundred twenty days after receipt of a32 drug take-back program proposal, the department shall either approve33 or reject the proposal in writing to the applicant. The department34 may extend the deadline for approval or rejection of a proposal for35 good cause. If the department rejects the proposal, it shall provide36 the reason for rejection. 37 (b) No later than ninety days after receipt of a notice of38 rejection under (a) of this subsection, the applicant shall submit a39 revised proposal to the department. The department shall either40 p. 7 ESHB 1047.SL approve or reject the revised proposal in writing to the applicant1 within ninety days after receipt of the revised proposal, including2 the reason for rejection, if applicable. 3 (c) If the department rejects a revised proposal, the department4 may: 5 (i) Require the program operator to submit a further revised6 proposal; 7 (ii) Develop and impose changes to some or all of the revised8 proposal to address deficiencies; 9 (iii) Require the covered manufacturer or covered manufacturers10 that proposed the rejected revised proposal to participate in a11 previously approved drug take-back program; or 12 (iv) Find the covered manufacturer out of compliance with the13 requirements of this chapter and take enforcement action as provided14 in section 11 of this act. 15 (4) The program operator must initiate operation of an approved16 drug take-back program no later than one hundred eighty days after17 approval of the proposal by the department. 18 (5)(a) Proposed changes to an approved drug take-back program19 that substantially alter program operations must have prior written20 approval of the department. A program operator must submit to the21 department such a proposed change in writing at least fifteen days22 before the change is scheduled to occur. Changes requiring prior23 approval of the department include changes to participating covered24 manufacturers, collection methods, achievement of the service25 convenience goal described in section 6 of this act, policies and26 procedures for handling covered drugs, education and promotion27 methods, and selection of disposal facilities. 28 (b) For changes to a drug take-back program that do not29 substantially alter program operations, a program operator must30 notify the department at least seven days before implementing the31 change. Changes that do not substantially alter program operations32 include changes to collection site locations, methods for scheduling33 and locating periodic collection events, and methods for distributing34 prepaid, preaddressed mailers. 35 (c) A program operator must notify the department of any changes36 to the official point of contact for the program no later than37 fifteen days after the change. A program operator must notify the38 department of any changes in ownership or contact information for39 p. 8 ESHB 1047.SL participating covered manufacturers no later than ninety days after1 such change. 2 (6) No later than four years after a drug take-back program3 initiates operations, and every four years thereafter, the program4 operator must submit an updated proposal to the department describing5 any substantive changes to program elements described in subsection6 (2) of this section. The department shall approve or reject the7 updated proposal using the process described in subsection (3) of8 this section. 9 (7) The department shall make all proposals submitted under this10 section available to the public and shall provide an opportunity for11 written public comment on each proposal. 12 NEW SECTION. Sec. 6. COLLECTION SYSTEM. (1)(a) At least one13 hundred twenty days prior to submitting a proposal under section 5 of14 this act, a program operator must notify potential authorized15 collectors of the opportunity to serve as an authorized collector for16 the proposed drug take-back program. A program operator must commence17 good faith negotiations with a potential authorized collector no18 later than thirty days after the potential authorized collector19 expresses interest in participating in a proposed program.20 (b) A person or entity may serve as an authorized collector for a21 drug take-back program voluntarily or in exchange for compensation,22 but nothing in this chapter requires a person or entity to serve as23 an authorized collector. 24 (c) A drug take-back program must include as an authorized25 collector any retail pharmacy, hospital or clinic with an on-site26 pharmacy, or law enforcement agency that offers to participate in the27 program without compensation and meets the requirements of subsection28 (2) of this section. Such a pharmacy, hospital, clinic, or law29 enforcement agency must be included as an authorized collector in the30 program no later than ninety days after receiving the offer to31 participate. 32 (d) A drug take-back program may also locate collection sites at:33 (i) A long-term care facility where a pharmacy, or a hospital or34 clinic with an on-site pharmacy, operates a secure collection35 receptacle; 36 (ii) A substance use disorder treatment program, as defined in37 RCW 71.24.025; or 38 p. 9 ESHB 1047.SL (iii) Any other authorized collector willing to participate as a1 collection site and able to meet the requirements of subsection (2)2 of this section. 3 (2)(a) A collection site must accept all covered drugs from4 covered entities during the hours that the authorized collector is5 normally open for business with the public. 6 (b) A collection site located at a long-term care facility may7 only accept covered drugs that are in the possession of individuals8 who reside or have resided at the facility. 9 (c) A collection site must use secure collection receptacles in10 compliance with state and federal law, including any applicable on-11 site storage and collection standards adopted by rule pursuant to12 chapter 70.95 or 70.105 RCW and United States drug enforcement13 administration regulations. The program operator must provide a14 service schedule that meets the needs of each collection site to15 ensure that each secure collection receptacle is serviced as often as16 necessary to avoid reaching capacity and that collected covered drugs17 are transported to final disposal in a timely manner, including a18 process for additional prompt collection service upon notification19 from the collection site. Secure collection receptacle signage must20 prominently display a toll-free telephone number and web site for the21 program so that members of the public may provide feedback on22 collection activities. 23 (d) An authorized collector must comply with applicable24 provisions of chapters 70.95 and 70.105 RCW, including rules adopted25 pursuant to those chapters that establish collection and26 transportation standards, and federal laws and regulations governing27 the handling of covered drugs, including United States drug28 enforcement administration regulations. 29 (3)(a) A drug take-back program's collection system must be safe,30 secure, and convenient on an ongoing, year-round basis and must31 provide equitable and reasonably convenient access for residents32 across the state. 33 (b) In establishing and operating a collection system, a program34 operator must give preference to locating collection sites at retail35 pharmacies, hospitals or clinics with on-site pharmacies, and law36 enforcement agencies. 37 (c)(i) Each population center must have a minimum of one38 collection site, plus one additional collection site for every fifty39 thousand residents of the city or town located within the population40 p. 10 ESHB 1047.SL center. Collection sites must be geographically distributed to1 provide reasonably convenient and equitable access to all residents2 of the population center. 3 (ii) On islands and in areas outside of population centers, a4 collection site must be located at the site of each potential5 authorized collector that is regularly open to the public, unless the6 program operator demonstrates to the satisfaction of the department7 that a potential authorized collector is unqualified or unwilling to8 participate in the drug take-back program, in accordance with the9 requirements of subsection (1) of this section. 10 (iii) For purposes of this section, "population center" means a11 city or town and the unincorporated area within a ten-mile radius12 from the center of the city or town. 13 (d) A program operator must establish mail-back distribution14 locations or hold periodic collection events to supplement service to15 any area of the state that is underserved by collection sites, as16 determined by the department, in consultation with the local health17 jurisdiction. The program operator, in consultation with the18 department, local law enforcement, the local health jurisdiction, and19 the local community, must determine the number and locations of mail-20 back distribution locations or the frequency and location of these21 collections events, to be held at least twice a year, unless22 otherwise determined through consultation with the local community.23 The program must arrange any periodic collection events in advance24 with local law enforcement agencies and conduct periodic collection25 events in compliance with United States drug enforcement26 administration regulations and protocols and applicable state laws.27 (e) Upon request, a drug take-back program must provide a mail-28 back program free of charge to covered entities and to retail29 pharmacies that offer to distribute prepaid, preaddressed mailing30 envelopes for the drug take-back program. A drug take-back program31 must permit covered entities to request prepaid, preaddressed mailing32 envelopes through the program's web site, the program's toll-free33 telephone number, and a request to a pharmacist at a retail pharmacy34 distributing the program's mailing envelopes. 35 (f) The program operator must provide alternative collection36 methods for any covered drugs, other than controlled substances, that37 cannot be accepted or commingled with other covered drugs in secure38 collection receptacles, through a mail-back program, or at periodic39 collection events, to the extent permissible under applicable state40 p. 11 ESHB 1047.SL and federal laws. The department shall review and approve of any1 alternative collection methods prior to their implementation.2 NEW SECTION. Sec. 7. DRUG TAKE-BACK PROGRAM PROMOTION. (1) A3 drug take-back program must develop and provide a system of4 promotion, education, and public outreach about the safe storage and5 secure collection of covered drugs. This system may include signage,6 written materials to be provided at the time of purchase or delivery7 of covered drugs, and advertising or other promotional materials. At8 a minimum, each program must:9 (a) Promote the safe storage of legend drugs and nonlegend drugs10 by residents before secure disposal through a drug take-back program;11 (b) Discourage residents from disposing of covered drugs in solid12 waste collection, sewer, or septic systems; 13 (c) Promote the use of the drug take-back program so that where14 and how to return covered drugs is widely understood by residents,15 pharmacists, retail pharmacies, health care facilities and providers,16 veterinarians, and veterinary hospitals; 17 (d) Establish a toll-free telephone number and web site18 publicizing collection options and collection sites and discouraging19 improper disposal practices for covered drugs, such as flushing them20 or placing them in the garbage; 21 (e) Prepare educational and outreach materials that: Promote safe22 storage of covered drugs; discourage the disposal of covered drugs in23 solid waste collection, sewer, or septic systems; and describe how to24 return covered drugs to the drug take-back program. The materials25 must use plain language and explanatory images to make collection26 services and discouraged disposal practices readily understandable to27 all residents, including residents with limited English proficiency;28 (f) Disseminate the educational and outreach materials described29 in (e) of this subsection to pharmacies, health care facilities, and30 other interested parties for dissemination to covered entities;31 (g) Work with authorized collectors to develop a readily32 recognizable, consistent design of collection receptacles, as well as33 clear, standardized instructions for covered entities on the use of34 collection receptacles. The department may provide guidance to35 program operators on the development of the instructions and design;36 and 37 p. 12 ESHB 1047.SL (h) Annually report on its promotion, outreach, and public1 education activities in its annual report required by section 10 of2 this act. 3 (2) If more than one drug take-back program is approved by the4 department, the programs must coordinate their promotional activities5 to ensure that all state residents can easily identify, understand,6 and access the collection services provided by any drug take-back7 program. Coordination efforts must include providing residents with a8 single toll-free telephone number and single web site to access9 information about collection services for every approved program.10 (3) Pharmacies and other entities that sell medication in the11 state are encouraged to promote secure disposal of covered drugs12 through the use of one or more approved drug take-back programs. Upon13 request, a pharmacy must provide materials explaining the use of14 approved drug take-back programs to its customers. The program15 operator must provide pharmacies with these materials upon request16 and at no cost to the pharmacy. 17 (4) The department, the health care authority, the department of18 social and health services, the department of ecology, and any other19 state agency that is responsible for health, solid waste management,20 and wastewater treatment shall, through their standard educational21 methods, promote safe storage of prescription and nonprescription22 drugs by covered entities, secure disposal of covered drugs through a23 drug take-back program, and the toll-free telephone number and web24 site for approved drug take-back programs. Local health jurisdictions25 and local government agencies are encouraged to promote approved drug26 take-back programs. 27 (5) The department: 28 (a) Shall conduct a survey of covered entities and a survey of29 pharmacists, health care providers, and veterinarians who interact30 with covered entities on the use of medicines after the first full31 year of operation of the drug take-back program, and again every two32 years thereafter. Survey questions must: Measure consumer awareness33 of the drug take-back program; assess the extent to which collection34 sites and other collection methods are convenient and easy to use;35 assess knowledge and attitudes about risks of abuse, poisonings, and36 overdoses from drugs used in the home; and assess covered entities'37 practices with respect to unused, unwanted, or expired drugs, both38 currently and prior to implementation of the drug take-back program;39 and 40 p. 13 ESHB 1047.SL (b) May, upon review of results of public awareness surveys,1 direct a program operator for an approved drug take-back program to2 modify the program's promotion and outreach activities to better3 achieve widespread awareness among Washington state residents and4 health care professionals about where and how to return covered drugs5 to the drug take-back program. 6 NEW SECTION. Sec. 8. DISPOSAL AND HANDLING OF COVERED DRUGS.7 (1) Covered drugs collected under a drug take-back program must be8 disposed of at a permitted hazardous waste disposal facility that9 meets the requirements of 40 C.F.R. parts 264 and 265, as they exist10 on the effective date of this section.11 (2) If use of a hazardous waste disposal facility described in12 subsection (1) of this section is unfeasible based on cost,13 logistics, or other considerations, the department, in consultation14 with the department of ecology, may grant approval for a program15 operator to dispose of some or all collected covered drugs at a16 permitted large municipal waste combustor facility that meets the17 requirements of 40 C.F.R. parts 60 and 62, as they exist on the18 effective date of this section. 19 (3) A program operator may petition the department for approval20 to use final disposal technologies or processes that provide superior21 environmental and human health protection than that provided by the22 technologies described in subsections (1) and (2) of this section, or23 equivalent protection at less cost. In reviewing a petition under24 this subsection, the department shall take into consideration25 regulations or guidance issued by the United States environmental26 protection agency on the disposal of pharmaceutical waste. The27 department, in consultation with the department of ecology, shall28 approve a disposal petition under this section if the disposal29 technology or processes described in the petition provides equivalent30 or superior protection in each of the following areas:31 (a) Monitoring of any emissions or waste; 32 (b) Worker health and safety; 33 (c) Air, water, or land emissions contributing to persistent,34 bioaccumulative, and toxic pollution; and 35 (d) Overall impact to the environment and human health.36 (4) If a drug take-back program encounters a safety or security37 problem during collection, transportation, or disposal of covered38 p. 14 ESHB 1047.SL drugs, the program operator must notify the department as soon as1 practicable after encountering the problem. 2 NEW SECTION. Sec. 9. PROGRAM FUNDING. (1) A covered3 manufacturer or group of covered manufacturers must pay all4 administrative and operational costs associated with establishing and5 implementing the drug take-back program in which they participate.6 Such administrative and operational costs include, but are not7 limited to: Collection and transportation supplies for each8 collection site; purchase of secure collection receptacles for each9 collection site; ongoing maintenance or replacement of secure10 collection receptacles when requested by authorized collectors;11 prepaid, preaddressed mailers; compensation of authorized collectors,12 if applicable; operation of periodic collection events, including the13 cost of law enforcement staff time; transportation of all collected14 covered drugs to final disposal; environmentally sound disposal of15 all collected covered drugs in compliance with section 8 of this act;16 and program promotion and outreach.17 (2) A program operator, covered manufacturer, authorized18 collector, or other person may not charge: 19 (a) A specific point-of-sale fee to consumers to recoup the costs20 of a drug take-back program; or 21 (b) A specific point-of-collection fee at the time covered drugs22 are collected from covered entities. 23 NEW SECTION. Sec. 10. ANNUAL PROGRAM REPORT. (1) By July 1st24 after the first full year of implementation, and each July 1st25 thereafter, a program operator must submit to the department a report26 describing implementation of the drug take-back program during the27 previous calendar year. The report must include:28 (a) A list of covered manufacturers participating in the drug29 take-back program; 30 (b) The amount, by weight, of covered drugs collected, including31 the amount by weight from each collection method used;32 (c) The following details regarding the program's collection33 system: A list of collection sites with addresses; the number of34 mailers provided; locations where mailers were provided, if35 applicable; dates and locations of collection events held, if36 applicable; and the transporters and disposal facility or facilities37 used; 38 p. 15 ESHB 1047.SL (d) Whether any safety or security problems occurred during1 collection, transportation, or disposal of covered drugs, and if so,2 completed and anticipated changes to policies, procedures, or3 tracking mechanisms to address the problem and improve safety and4 security; 5 (e) A description of the public education, outreach, and6 evaluation activities implemented; 7 (f) A description of how collected packaging was recycled to the8 extent feasible; 9 (g) A summary of the program's goals for collection amounts and10 public awareness, the degree of success in meeting those goals, and11 if any goals have not been met, what effort will be made to achieve12 those goals the following year; and 13 (h) The program's annual expenditures, itemized by program14 category. 15 (2) Within thirty days after each annual period of operation of16 an approved drug take-back program, the program operator shall submit17 an annual collection amount report to the department that provides18 the total amount, by weight, of covered drugs collected from each19 collection site during the prior year. 20 (3) The department shall make reports submitted under this21 section available to the public through the internet.22 NEW SECTION. Sec. 11. ENFORCEMENT AND PENALTIES. (1) The23 department may audit or inspect the activities and records of a drug24 take-back program to determine compliance with this chapter or25 investigate a complaint.26 (2)(a) The department shall send a written notice to a covered27 manufacturer that fails to participate in a drug take-back program as28 required by this chapter. The notice must provide a warning regarding29 the penalties for violation of this chapter. 30 (b) A covered manufacturer that receives a notice under this31 subsection (2) may be assessed a penalty if, sixty days after receipt32 of the notice, the covered manufacturer continues to sell a covered33 drug in or into the state without participating in a drug take-back34 program approved under this chapter. 35 (3)(a) The department may send a program operator a written36 notice warning of the penalties for noncompliance with this chapter37 if it determines that the program operator's drug take-back program38 is in violation of this chapter or does not conform to the proposal39 p. 16 ESHB 1047.SL approved by the department. The department may assess a penalty on1 the program operator and participating covered manufacturers if the2 program does not come into compliance by thirty days after receipt of3 the notice. 4 (b) The department may immediately suspend operation of a drug5 take-back program and assess a penalty if it determines that the6 program is in violation of this chapter and the violation creates a7 condition that, in the judgment of the department, constitutes an8 immediate hazard to the public or the environment. 9 (4)(a) The department shall send a written notice to a drug10 wholesaler or a retail pharmacy that fails to provide a list of drug11 manufacturers to the department as required by section 4 of this act.12 The notice must provide a warning regarding the penalties for13 violation of this chapter. 14 (b) A drug wholesaler or retail pharmacy that receives a notice15 under this subsection may be assessed a penalty if, sixty days after16 receipt of the notice, the drug wholesaler or retail pharmacy fails17 to provide a list of drug manufacturers. 18 (5) In enforcing the requirements of this chapter, the19 department: 20 (a) May require an informal administrative conference;21 (b) May require a person or entity to engage in or refrain from22 engaging in certain activities pertaining to this chapter;23 (c) May, in accordance with RCW 43.70.095, assess a civil fine of24 up to two thousand dollars. Each day upon which a violation occurs or25 is permitted to continue constitutes a separate violation. In26 determining the appropriate amount of the fine, the department shall27 consider the extent of harm caused by the violation, the nature and28 persistence of the violation, the frequency of past violations, any29 action taken to mitigate the violation, and the financial burden to30 the entity in violation; and 31 (d) May not prohibit a covered manufacturer from selling a drug32 in or into the state of Washington. 33 NEW SECTION. Sec. 12. DEPARTMENT FEE. (1)(a) By July 1, 2019,34 the department shall: Determine its costs for the administration,35 oversight, and enforcement of the requirements of this chapter,36 including the survey required under section 20 of this act; pursuant37 to RCW 43.70.250, set fees at a level sufficient to recover the costs38 p. 17 ESHB 1047.SL associated with administration, oversight, and enforcement; and adopt1 rules establishing requirements for program operator proposals.2 (b) The department shall not impose any fees in excess of its3 actual administrative, oversight, and enforcement costs. The fees4 collected from each program operator in calendar year 2020 and any5 subsequent year may not exceed ten percent of the program's annual6 expenditures as reported to the department in the annual report7 required by section 10 of this act and determined by the department.8 (c) Adjustments to the department's fees may be made annually and9 shall not exceed actual administration, oversight, and enforcement10 costs. Adjustments for inflation may not exceed the percentage change11 in the consumer price index for all urban consumers in the United12 States as calculated by the United States department of labor as13 averaged by city for the twelve-month period ending with June of the14 previous year. 15 (d) The department shall collect fees from each program operator16 by October 1, 2019, and annually thereafter. 17 (2) All fees collected under this section must be deposited in18 the secure drug take-back program account established in section 1319 of this act. 20 NEW SECTION. Sec. 13. SECURE DRUG TAKE-BACK PROGRAM ACCOUNT.21 The secure drug take-back program account is created in the state22 treasury. All receipts received by the department under this chapter23 must be deposited in the account. Moneys in the account may be spent24 only after appropriation. Expenditures from the account may be used25 by the department only for administering and enforcing this chapter.26 NEW SECTION. Sec. 14. ANTITRUST IMMUNITY. The activities27 authorized by this chapter require collaboration among covered28 manufacturers. These activities will enable safe and secure29 collection and disposal of covered drugs in Washington state and are30 therefore in the best interest of the public. The benefits of31 collaboration, together with active state supervision, outweigh32 potential adverse impacts. Therefore, the legislature intends to33 exempt from state antitrust laws, and provide immunity through the34 state action doctrine from federal antitrust laws, activities that35 are undertaken, reviewed, and approved by the department pursuant to36 this chapter that might otherwise be constrained by such laws. The37 legislature does not intend and does not authorize any person or38 p. 18 ESHB 1047.SL entity to engage in activities not provided for by this chapter, and1 the legislature neither exempts nor provides immunity for such2 activities. 3 NEW SECTION. Sec. 15. FEDERAL LAW. This chapter is void if a4 federal law, or a combination of federal laws, takes effect that5 establishes a national program for the collection of covered drugs6 that substantially meets the intent of this chapter, including the7 creation of a funding mechanism for collection, transportation, and8 proper disposal of all covered drugs in the United States.9 NEW SECTION. Sec. 16. LOCAL LAWS. (1)(a) For a period of twelve10 months after a drug take-back program approved under section 5 of11 this act begins operating, a county may enforce a grandfathered12 ordinance. During that twelve-month period, if a county determines13 that a covered manufacturer is in compliance with its grandfathered14 ordinance, the department shall find the covered manufacturer in15 compliance with the requirements of this chapter with respect to that16 county.17 (b) In any county enforcing a grandfathered ordinance as18 described in (a) of this subsection, the program operator of an19 approved drug take-back program must work with the county and the20 department to incorporate the local program into the approved drug21 take-back program on or before the end of the twelve-month period.22 (2) After the effective date of this section, a political23 subdivision may not enact or enforce a local ordinance that requires24 a retail pharmacy, clinic, hospital, or local law enforcement agency25 to provide for collection and disposal of covered drugs from covered26 entities. 27 (3) At the end of the twelve-month period provided in subsection28 (1) of this section, this chapter preempts all existing or future29 laws enacted by a county, city, town, or other political subdivision30 of the state regarding a drug take-back program or other program for31 the collection, transportation, and disposal of covered drugs, or32 promotion, education, and public outreach relating to such a program.33 (4) For purposes of this section, "grandfathered ordinance" means34 a pharmaceutical product stewardship or drug take-back ordinance35 that: (a) Is in effect on the effective date of this section; and (b)36 the department determines meets or exceeds the requirements of this37 chapter with respect to safe and secure collection and disposal of38 p. 19 ESHB 1047.SL unwanted medicines from residents, including the types of drugs1 covered by the program, the convenience of the collection system for2 residents, and required promotion of the program. 3 NEW SECTION. Sec. 17. PUBLIC DISCLOSURE. Proprietary4 information submitted to the department under this chapter is exempt5 from public disclosure under RCW 42.56.270. The department may use6 and disclose such information in summary or aggregated form that does7 not directly or indirectly identify financial, production, or sales8 data of an individual covered manufacturer or drug take-back9 organization.10 NEW SECTION. Sec. 18. RULE MAKING. The department shall adopt11 any rules necessary to implement and enforce this chapter.12 NEW SECTION. Sec. 19. REPORT TO LEGISLATURE. (1) No later than13 thirty days after the department first approves a drug take-back14 program under section 5 of this act, the department shall submit an15 update to the legislature describing rules adopted under this chapter16 and the approved drug take-back program.17 (2) By November 15th after the first full year of operation of an18 approved drug take-back program and biennially thereafter, the19 department shall submit a report to the legislature. The report must:20 (a) Describe the status of approved drug take-back programs;21 (b) Evaluate the secure medicine collection and disposal system22 and the program promotion, education, and public outreach23 requirements established by this chapter; 24 (c) Evaluate, in conjunction with an academic institution that is25 not an agency of the state and is qualified to conduct and evaluate26 research relating to prescription and nonprescription drug use and27 abuse and environmental impact, to the extent feasible, the impact of28 approved drug take-back programs on: Awareness and compliance of29 residents with safe storage of medicines in the home and secure30 disposal of covered drugs; rates of misuse, abuse, overdoses, and31 poisonings from prescription and nonprescription drugs; and32 diversions of covered drugs from sewer, solid waste, and septic33 systems. To conduct this evaluation, the department and the academic34 institution may rely on available data sources, including the public35 awareness surveys required under this chapter, and the prescription36 drug monitoring program and public health surveys such as the37 p. 20 ESHB 1047.SL Washington state healthy youth survey. The department and the1 academic institution may also consult with other state and local2 agencies and interested stakeholders; and 3 (d) Provide any recommendations for legislation.4 NEW SECTION. Sec. 20. (1)(a) The department shall contract with5 the statewide program of poison and drug information services6 identified in RCW 18.76.030 to conduct a survey of residents to7 measure whether the secure medicine collection and disposal system8 and the program promotion, education, and public outreach9 requirements established in this chapter have led to statistically10 significant changes in: (i) Resident attitudes and behavior on safe11 storage and secure disposal of prescription and nonprescription12 medications used in the home; and (ii) the rates of abuse or misuse13 of or accidental exposure to prescription and nonprescription drugs.14 (b) The survey of residents must include telephone follow-up with15 users of the program's emergency telephone service. The survey must16 be conducted before the secure medicine collection and disposal17 system is implemented and again no earlier than four years after the18 system is implemented. 19 (2) The statewide program of poison and drug information services20 shall report the survey results to the legislature and the department21 of health within six months of completion of the survey.22 (3) This section expires July 1, 2026. 23 Sec. 21. RCW 42.56.270 and 2017 c 317 s 17 are each amended to24 read as follows: 25 The following financial, commercial, and proprietary information26 is exempt from disclosure under this chapter: 27 (1) Valuable formulae, designs, drawings, computer source code or28 object code, and research data obtained by any agency within five29 years of the request for disclosure when disclosure would produce30 private gain and public loss; 31 (2) Financial information supplied by or on behalf of a person,32 firm, or corporation for the purpose of qualifying to submit a bid or33 proposal for (a) a ferry system construction or repair contract as34 required by RCW 47.60.680 through 47.60.750 or (b) highway35 construction or improvement as required by RCW 47.28.070;36 (3) Financial and commercial information and records supplied by37 private persons pertaining to export services provided under chapters38 p. 21 ESHB 1047.SL 43.163 and 53.31 RCW, and by persons pertaining to export projects1 under RCW 43.23.035; 2 (4) Financial and commercial information and records supplied by3 businesses or individuals during application for loans or program4 services provided by chapters 43.325, 43.163, 43.160, 43.330, and5 43.168 RCW, or during application for economic development loans or6 program services provided by any local agency; 7 (5) Financial information, business plans, examination reports,8 and any information produced or obtained in evaluating or examining a9 business and industrial development corporation organized or seeking10 certification under chapter 31.24 RCW; 11 (6) Financial and commercial information supplied to the state12 investment board by any person when the information relates to the13 investment of public trust or retirement funds and when disclosure14 would result in loss to such funds or in private loss to the15 providers of this information; 16 (7) Financial and valuable trade information under RCW 51.36.120;17 (8) Financial, commercial, operations, and technical and research18 information and data submitted to or obtained by the clean Washington19 center in applications for, or delivery of, program services under20 chapter 70.95H RCW; 21 (9) Financial and commercial information requested by the public22 stadium authority from any person or organization that leases or uses23 the stadium and exhibition center as defined in RCW 36.102.010;24 (10)(a) Financial information, including but not limited to25 account numbers and values, and other identification numbers supplied26 by or on behalf of a person, firm, corporation, limited liability27 company, partnership, or other entity related to an application for a28 horse racing license submitted pursuant to RCW 67.16.260(1)(b),29 marijuana producer, processor, or retailer license, liquor license,30 gambling license, or lottery retail license; 31 (b) Internal control documents, independent auditors' reports and32 financial statements, and supporting documents: (i) Of house-banked33 social card game licensees required by the gambling commission34 pursuant to rules adopted under chapter 9.46 RCW; or (ii) submitted35 by tribes with an approved tribal/state compact for class III gaming;36 (11) Proprietary data, trade secrets, or other information that37 relates to: (a) A vendor's unique methods of conducting business; (b)38 data unique to the product or services of the vendor; or (c)39 determining prices or rates to be charged for services, submitted by40 p. 22 ESHB 1047.SL any vendor to the department of social and health services for1 purposes of the development, acquisition, or implementation of state2 purchased health care as defined in RCW 41.05.011; 3 (12)(a) When supplied to and in the records of the department of4 commerce: 5 (i) Financial and proprietary information collected from any6 person and provided to the department of commerce pursuant to RCW7 43.330.050(8); and 8 (ii) Financial or proprietary information collected from any9 person and provided to the department of commerce or the office of10 the governor in connection with the siting, recruitment, expansion,11 retention, or relocation of that person's business and until a siting12 decision is made, identifying information of any person supplying13 information under this subsection and the locations being considered14 for siting, relocation, or expansion of a business;15 (b) When developed by the department of commerce based on16 information as described in (a)(i) of this subsection, any work17 product is not exempt from disclosure; 18 (c) For the purposes of this subsection, "siting decision" means19 the decision to acquire or not to acquire a site; 20 (d) If there is no written contact for a period of sixty days to21 the department of commerce from a person connected with siting,22 recruitment, expansion, retention, or relocation of that person's23 business, information described in (a)(ii) of this subsection will be24 available to the public under this chapter; 25 (13) Financial and proprietary information submitted to or26 obtained by the department of ecology or the authority created under27 chapter 70.95N RCW to implement chapter 70.95N RCW;28 (14) Financial, commercial, operations, and technical and29 research information and data submitted to or obtained by the life30 sciences discovery fund authority in applications for, or delivery31 of, grants under chapter 43.350 RCW, to the extent that such32 information, if revealed, would reasonably be expected to result in33 private loss to the providers of this information;34 (15) Financial and commercial information provided as evidence to35 the department of licensing as required by RCW 19.112.110 or36 19.112.120, except information disclosed in aggregate form that does37 not permit the identification of information related to individual38 fuel licensees; 39 p. 23 ESHB 1047.SL (16) Any production records, mineral assessments, and trade1 secrets submitted by a permit holder, mine operator, or landowner to2 the department of natural resources under RCW 78.44.085;3 (17)(a) Farm plans developed by conservation districts, unless4 permission to release the farm plan is granted by the landowner or5 operator who requested the plan, or the farm plan is used for the6 application or issuance of a permit; 7 (b) Farm plans developed under chapter 90.48 RCW and not under8 the federal clean water act, 33 U.S.C. Sec. 1251 et seq., are subject9 to RCW 42.56.610 and 90.64.190; 10 (18) Financial, commercial, operations, and technical and11 research information and data submitted to or obtained by a health12 sciences and services authority in applications for, or delivery of,13 grants under RCW 35.104.010 through 35.104.060, to the extent that14 such information, if revealed, would reasonably be expected to result15 in private loss to providers of this information; 16 (19) Information gathered under chapter 19.85 RCW or RCW17 34.05.328 that can be identified to a particular business;18 (20) Financial and commercial information submitted to or19 obtained by the University of Washington, other than information the20 university is required to disclose under RCW 28B.20.150, when the21 information relates to investments in private funds, to the extent22 that such information, if revealed, would reasonably be expected to23 result in loss to the University of Washington consolidated endowment24 fund or to result in private loss to the providers of this25 information; 26 (21) Market share data submitted by a manufacturer under RCW27 70.95N.190(4); 28 (22) Financial information supplied to the department of29 financial institutions or to a portal under RCW 21.20.883, when filed30 by or on behalf of an issuer of securities for the purpose of31 obtaining the exemption from state securities registration for small32 securities offerings provided under RCW 21.20.880 or when filed by or33 on behalf of an investor for the purpose of purchasing such34 securities; 35 (23) Unaggregated or individual notices of a transfer of crude36 oil that is financial, proprietary, or commercial information,37 submitted to the department of ecology pursuant to RCW38 90.56.565(1)(a), and that is in the possession of the department of39 p. 24 ESHB 1047.SL ecology or any entity with which the department of ecology has shared1 the notice pursuant to RCW 90.56.565; 2 (24) Financial institution and retirement account information,3 and building security plan information, supplied to the liquor and4 cannabis board pursuant to RCW 69.50.325, 69.50.331, 69.50.342, and5 69.50.345, when filed by or on behalf of a licensee or prospective6 licensee for the purpose of obtaining, maintaining, or renewing a7 license to produce, process, transport, or sell marijuana as allowed8 under chapter 69.50 RCW; 9 (25) Marijuana transport information, vehicle and driver10 identification data, and account numbers or unique access identifiers11 issued to private entities for traceability system access, submitted12 by an individual or business to the liquor and cannabis board under13 the requirements of RCW 69.50.325, 69.50.331, 69.50.342, and14 69.50.345 for the purpose of marijuana product traceability.15 Disclosure to local, state, and federal officials is not considered16 public disclosure for purposes of this section; 17 (26) Financial and commercial information submitted to or18 obtained by the retirement board of any city that is responsible for19 the management of an employees' retirement system pursuant to the20 authority of chapter 35.39 RCW, when the information relates to21 investments in private funds, to the extent that such information, if22 revealed, would reasonably be expected to result in loss to the23 retirement fund or to result in private loss to the providers of this24 information except that (a) the names and commitment amounts of the25 private funds in which retirement funds are invested and (b) the26 aggregate quarterly performance results for a retirement fund's27 portfolio of investments in such funds are subject to disclosure;28 (27) Proprietary financial, commercial, operations, and technical29 and research information and data submitted to or obtained by the30 liquor and cannabis board in applications for marijuana research31 licenses under RCW 69.50.372, or in reports submitted by marijuana32 research licensees in accordance with rules adopted by the liquor and33 cannabis board under RCW 69.50.372; ((and))34 (28) Trade secrets, technology, proprietary information, and35 financial considerations contained in any agreements or contracts,36 entered into by a licensed marijuana business under RCW 69.50.395,37 which may be submitted to or obtained by the state liquor and38 cannabis board; and39 p. 25 ESHB 1047.SL (29) Proprietary information filed with the department of health1 under chapter 69.--- RCW (the new chapter created in section 25 of2 this act). 3 Sec. 22. RCW 69.41.030 and 2016 c 148 s 11 are each amended to4 read as follows: 5 (1) It shall be unlawful for any person to sell, deliver, or6 possess any legend drug except upon the order or prescription of a7 physician under chapter 18.71 RCW, an osteopathic physician and8 surgeon under chapter 18.57 RCW, an optometrist licensed under9 chapter 18.53 RCW who is certified by the optometry board under RCW10 18.53.010, a dentist under chapter 18.32 RCW, a podiatric physician11 and surgeon under chapter 18.22 RCW, a veterinarian under chapter12 18.92 RCW, a commissioned medical or dental officer in the United13 States armed forces or public health service in the discharge of his14 or her official duties, a duly licensed physician or dentist employed15 by the veterans administration in the discharge of his or her16 official duties, a registered nurse or advanced registered nurse17 practitioner under chapter 18.79 RCW when authorized by the nursing18 care quality assurance commission, a pharmacist licensed under19 chapter 18.64 RCW to the extent permitted by drug therapy guidelines20 or protocols established under RCW 18.64.011 and authorized by the21 commission and approved by a practitioner authorized to prescribe22 drugs, an osteopathic physician assistant under chapter 18.57A RCW23 when authorized by the board of osteopathic medicine and surgery, a24 physician assistant under chapter 18.71A RCW when authorized by the25 medical quality assurance commission, or any of the following26 professionals in any province of Canada that shares a common border27 with the state of Washington or in any state of the United States: A28 physician licensed to practice medicine and surgery or a physician29 licensed to practice osteopathic medicine and surgery, a dentist30 licensed to practice dentistry, a podiatric physician and surgeon31 licensed to practice podiatric medicine and surgery, a licensed32 advanced registered nurse practitioner, a licensed physician33 assistant, a licensed osteopathic physician assistant, or a34 veterinarian licensed to practice veterinary medicine: PROVIDED,35 HOWEVER, That the above provisions shall not apply to sale, delivery,36 or possession by drug wholesalers or drug manufacturers, or their37 agents or employees, or to any practitioner acting within the scope38 of his or her license, or to a common or contract carrier or39 p. 26 ESHB 1047.SL warehouse operator, or any employee thereof, whose possession of any1 legend drug is in the usual course of business or employment:2 PROVIDED FURTHER, That nothing in this chapter or chapter 18.64 RCW3 shall prevent a family planning clinic that is under contract with4 the health care authority from selling, delivering, possessing, and5 dispensing commercially prepackaged oral contraceptives prescribed by6 authorized, licensed health care practitioners : PROVIDED FURTHER,7 That nothing in this chapter prohibits possession or delivery of8 legend drugs by an authorized collector or other person participating9 in the operation of a drug take-back program authorized in chapter10 69.--- RCW (the new chapter created in section 25 of this act).11 (2)(a) A violation of this section involving the sale, delivery,12 or possession with intent to sell or deliver is a class B felony13 punishable according to chapter 9A.20 RCW. 14 (b) A violation of this section involving possession is a15 misdemeanor. 16 NEW SECTION. Sec. 23. A new section is added to chapter 69.5017 RCW to read as follows: 18 It is not a violation of this chapter to possess or deliver a19 controlled substance in compliance with chapter 69.--- RCW (the new20 chapter created in section 25 of this act). 21 NEW SECTION. Sec. 24. A new section is added to chapter 70.9522 RCW to read as follows: 23 An authorized collector regulated under chapter 69.--- RCW (the24 new chapter created in section 25 of this act) is not required to25 obtain a permit under RCW 70.95.170 unless the authorized collector26 is required to obtain a permit under RCW 70.95.170 as a consequence27 of activities that are not directly associated with the collection28 facility's activities under chapter 69.--- RCW (the new chapter29 created in section 25 of this act). 30 NEW SECTION. Sec. 25. Sections 2 through 20 of this act31 constitute a new chapter in Title 69 RCW.32 NEW SECTION. Sec. 26. A new section is added to chapter 43.13133 RCW to read as follows: 34 p. 27 ESHB 1047.SL The authorization for drug take-back programs created in this act1 shall be terminated on January 1, 2029, as provided in section 27 of2 this act. 3 NEW SECTION. Sec. 27. A new section is added to chapter 43.1314 RCW to read as follows: 5 The following acts or parts of acts, as now existing or hereafter6 amended, are each repealed, effective January 1, 2030:7 (1) RCW 69.--.--- and 2018 c ... s 2 (section 2 of this act);8 (2) RCW 69.--.--- and 2018 c ... s 3 (section 3 of this act);9 (3) RCW 69.--.--- and 2018 c ... s 4 (section 4 of this act);10 (4) RCW 69.--.--- and 2018 c ... s 5 (section 5 of this act);11 (5) RCW 69.--.--- and 2018 c ... s 6 (section 6 of this act);12 (6) RCW 69.--.--- and 2018 c ... s 7 (section 7 of this act);13 (7) RCW 69.--.--- and 2018 c ... s 8 (section 8 of this act);14 (8) RCW 69.--.--- and 2018 c ... s 9 (section 9 of this act);15 (9) RCW 69.--.--- and 2018 c ... s 10 (section 10 of this act);16 (10) RCW 69.--.--- and 2018 c ... s 11 (section 11 of this act);17 (11) RCW 69.--.--- and 2018 c ... s 12 (section 12 of this act);18 (12) RCW 69.--.--- and 2018 c ... s 13 (section 13 of this act);19 (13) RCW 69.--.--- and 2018 c ... s 14 (section 14 of this act);20 (14) RCW 69.--.--- and 2018 c ... s 15 (section 15 of this act);21 (15) RCW 69.--.--- and 2018 c ... s 16 (section 16 of this act);22 (16) RCW 69.--.--- and 2018 c ... s 17(section 17 of this act);23 (17) RCW 69.--.--- and 2018 c ... s 18 (section 18 of this act);24 (18) RCW 69.--.--- and 2018 c ... s 19 (section 19 of this act);25 and 26 (19) RCW 69.--.--- and 2018 c ... s 20 (section 20 of this act).27 Passed by the House March 3, 2018. Passed by the Senate February 27, 2018. Approved by the Governor March 22, 2018. Filed in Office of Secretary of State March 26, 2018. --- END --- p. 28 ESHB 1047.SL