Modifying the drug take-back program.

CERTIFICATION OF ENROLLMENT ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1422 Chapter 215, Laws of 2025 69th Legislature 2025 Regular Session DRUG TAKE-BACK PROGRAM —MODIFICATION EFFECTIVE DATE: July 27, 2025 Passed by the House April 9, 2025 Yeas 97 Nays 0 LAURIE JINKINS Speaker of the House of Representatives Passed by the Senate April 26, 2025 Yeas 46 Nays 0 DENNY HECK 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 SECOND SUBSTITUTE HOUSE BILL 1422 as passed by the House of Representatives and the Senate on the dates hereon set forth. BERNARD DEAN Chief Clerk Approved May 12, 2025 9:41 AM FILED May 14, 2025 BOB FERGUSON Governor of the State of Washington Secretary of State State of Washington AN ACT Relating to modifying the drug take-back program by 1 modifying fee and enforcement regulations and addressing program 2 operator performance parity; amending RCW 69.48.100, 69.48.110, 3 69.48.120, and 43.131.424; and creating a new section.4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5 Sec. 1. RCW 69.48.100 and 2018 c 196 s 10 are each amended to 6 read as follows: 7 (1) By July 1st after the first full year of implementation, and 8 each July 1st thereafter, a program operator must submit to the 9 department a report describing implementation of the drug take-back 10 program during the previous calendar year. The report must include:11 (a) A list of covered manufacturers participating in the drug 12 take-back program; 13 (b) The amount, by weight, of covered drugs collected, including 14 the amount by weight from each collection method used;15 (c) The following details regarding the program's collection 16 system: A list of collection sites with addresses; the number of 17 mailers provided; locations where mailers were provided, if 18 applicable; dates and locations of collection events held, if 19 applicable; and the transporters and disposal facility or facilities 20 used; 21 ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1422 Passed Legislature - 2025 Regular Session State of Washington 69th Legislature 2025 Regular Session By House Appropriations (originally sponsored by Representatives Peterson, Davis, Thai, Ormsby, Hill, Macri, and Timmons; by request of Department of Health) READ FIRST TIME 02/28/25. p. 1 E2SHB 1422.SL (d) Whether any safety or security problems occurred during 1 collection, transportation, or disposal of covered drugs, and if so, 2 completed and anticipated changes to policies, procedures, or 3 tracking mechanisms to address the problem and improve safety and 4 security; 5 (e) A description of the public education, outreach, and 6 evaluation activities implemented; 7 (f) A description of how collected packaging was recycled to the 8 extent feasible; 9 (g) A summary of the program's goals for collection amounts and 10 public awareness, the degree of success in meeting those goals, and 11 if ((any)) the program's goals have not been met, ((what effort will 12 be made to achieve those goals the following year )) an explanation on 13 why the goals were not met ; ((and))14 (h) The program's collection and public awareness goals for the 15 next year ;16 (i) The program's annual expenditures, itemized by program 17 category; and18 (j) An estimated budget for the next year, itemized by program 19 category. 20 (2) Within thirty days after each annual period of operation of 21 an approved drug take-back program, the program operator shall submit 22 an annual collection amount report to the department that provides 23 the total amount, by weight, of covered drugs collected from each 24 collection site during the prior year. 25 (3) The department shall make reports submitted under this 26 section available to the public through the internet.27 (4) The department shall evaluate reports submitted under this 28 section for compliance with this chapter, rules adopted under this 29 chapter, and the program operator's department-approved plan.30 (a) The department shall either approve reports or request 31 revisions to bring them into compliance with applicable law or the 32 program operator's department-approved plan. Revisions may include, 33 but are not limited to, requests to add an explanation for any 34 discrepancies between collected weight reported in collection reports 35 and weight collected at kiosks reported in annual reports.36 (b) Program operators must submit any requested revisions to the 37 department within 30 days.38 p. 2 E2SHB 1422.SL Sec. 2. RCW 69.48.110 and 2018 c 196 s 11 are each amended to 1 read as follows: 2 (1) The department may audit or inspect the activities and 3 records of a drug take-back program to determine compliance with this 4 chapter, rules adopted under this chapter, or investigate a 5 complaint. Drug take-back programs must fully cooperate with the 6 department during an audit, inspection, or investigation.7 (2)(a) The department shall send a written notice to a covered 8 manufacturer that fails to participate in a drug take-back program as 9 required by this chapter. The notice must provide a warning regarding 10 the penalties for violation of this chapter. 11 (b) A covered manufacturer that receives a notice under this 12 subsection (2) may be assessed a penalty if, sixty days after receipt 13 of the notice, the covered manufacturer continues to sell a covered 14 drug in or into the state without participating in a drug take-back 15 program approved under this chapter. 16 (3)(a) The department may send a program operator a written 17 notice warning of the penalties for noncompliance with this chapter 18 if it determines that the program operator's drug take-back program 19 is in violation of this chapter or does not conform to the proposal 20 approved by the department. The department may assess a penalty on 21 the program operator and participating covered manufacturers if the 22 program does not come into compliance by thirty days after receipt of 23 the notice. 24 (b) The department may immediately suspend operation of a drug 25 take-back program and assess a penalty if it determines that the 26 program is in violation of this chapter and the violation creates a 27 condition that, in the judgment of the department, constitutes an 28 immediate hazard to the public or the environment.29 (4)(a) The department shall send a written notice to a drug 30 wholesaler or a retail pharmacy that fails to provide a list of drug 31 manufacturers to the department as required by RCW 69.48.040. The 32 notice must provide a warning regarding the penalties for violation 33 of this chapter. 34 (b) A drug wholesaler or retail pharmacy that receives a notice 35 under this subsection may be assessed a penalty if, sixty days after 36 receipt of the notice, the drug wholesaler or retail pharmacy fails 37 to provide a list of drug manufacturers. 38 (5) In enforcing the requirements of this chapter, the 39 department: 40 p. 3 E2SHB 1422.SL (a) May require an informal administrative conference;1 (b) May require a person or entity to engage in or refrain from 2 engaging in certain activities pertaining to this chapter;3 (c) May, in accordance with RCW 43.70.095, assess a civil fine of 4 up to two thousand dollars. Each day upon which a violation occurs or 5 is permitted to continue constitutes a separate violation. In 6 determining the appropriate amount of the fine, the department shall 7 consider the extent of harm caused by the violation, the nature and 8 persistence of the violation, the frequency of past violations, any 9 action taken to mitigate the violation, and the financial burden to 10 the entity in violation; and 11 (d) May not prohibit a covered manufacturer from selling a drug 12 in or into the state of Washington. 13 Sec. 3. RCW 69.48.120 and 2021 c 155 s 5 are each amended to 14 read as follows: 15 (1)(a) The department shall ((: Determine its costs for the 16 administration, oversight, and enforcement of the requirements of 17 this chapter, including, but not limited to, a fee for proposal 18 review, and the survey required under RCW 69.48.200; pursuant to RCW 19 43.70.250,)) set fees including, but not limited to, an annual 20 operating fee, a fee for proposal review, and the survey required 21 under RCW 69.48.200, at a level sufficient to ((recover)) cover the 22 costs associated with administration, oversight, and enforcement; and 23 adopt rules establishing requirements for program operator proposals.24 (b) The department shall not impose any fees in excess of its 25 actual administrative, oversight, and enforcement costs. The fees 26 collected from each program operator in calendar year 2020 and any 27 subsequent year may not exceed ten percent of the ((program's annual 28 expenditures)) highest annual expenditures from any single program 29 operator as reported to the department in the annual report required 30 by RCW 69.48.100 and determined by the department.31 (c) ((Adjustments to the department's fees may be made annually 32 and shall not exceed actual administration, oversight, and 33 enforcement costs. Adjustments for inflation may not exceed the 34 percentage change in the consumer price index for all urban consumers 35 in the United States as calculated by the United States department of 36 labor as averaged by city for the twelve-month period ending with 37 June of the previous year.38 p. 4 E2SHB 1422.SL (d))) The annual fee set by the department shall be evenly split 1 amongst each approved program operator. 2 (((e))) (d) The department shall collect annual operating fees 3 from each program operator by October 1, 2019, and annually 4 thereafter. 5 (((f) Between July 25, 2021, and January 1, 2024, the department 6 shall collect a nonrefundable one-time fee of $157,000 for review of 7 proposals from each potential program operator applicant as provided 8 in RCW 69.48.050.))9 (2) The department shall impose a one-time fee of $70,000 split 10 evenly amongst each approved program operator to fund the expedited 11 review to be completed by the joint legislative audit and review 12 committee as provided for in section 4 of this act. The department 13 shall collect the one-time fee by August 1, 2025.14 (3) All fees collected under this section must be deposited in 15 the secure drug take-back program account established in RCW 16 69.48.130. 17 NEW SECTION. Sec. 4. (1) The joint legislative audit and review 18 committee shall conduct an expedited review of the department of 19 health's fee-setting authority for the drug take-back program 20 established under chapter 69.48 RCW. By December 31, 2025, the joint 21 legislative audit and review committee shall report to the 22 appropriate committees of the legislature on the results of the 23 expedited review, including whether the department's fee-setting 24 authority covers its actual administrative, oversight, and 25 enforcement costs and whether expenditures incurred by the department 26 and participating program operators are transparent and appropriate 27 given the intent of the program.28 (2) The funding for this expedited review shall be limited to the 29 one-time fee provided for in section 3 (2) of this act. The department 30 of health shall enter into an interagency agreement with the joint 31 legislative audit and review committee to conduct the review using 32 the funds generated from the one-time fee. 33 Sec. 5. RCW 43.131.424 and 2021 c 155 s 7 are each amended to 34 read as follows: 35 The following acts or parts of acts, as now existing or hereafter 36 amended, are each repealed, effective January 1, 2030:37 (1) RCW 69.48.010 and 2021 c 155 s 1 & 2018 c 196 s 1;38 p. 5 E2SHB 1422.SL (2) RCW 69.48.020 and 2018 c 196 s 2; 1 (3) RCW 69.48.030 and 2018 c 196 s 3; 2 (4) RCW 69.48.040 and 2018 c 196 s 4; 3 (5) RCW 69.48.050 and 2021 c 155 s 3 & 2018 c 196 s 5;4 (6) RCW 69.48.060 and (([2021 c 65 s 64 &] )) 2021 c 65 s 642 & 5 2018 c 196 s 6; 6 (7) RCW 69.48.070 and 2021 c 155 s 4 & 2018 c 196 s 7;7 (8) RCW 69.48.080 and 2018 c 196 s 8; 8 (9) RCW 69.48.090 and 2018 c 196 s 9; 9 (10) RCW 69.48.100 and 2025 c ... s 1 (section 1 of this act) & 10 2018 c 196 s 10; 11 (11) RCW 69.48.110 and 2025 c ... s 2 (section 2 of this act) & 12 2018 c 196 s 11; 13 (12) RCW 69.48.120 and 2025 c ... s 3 (section 3 of this act), 14 2021 c 155 s 5 , & 2018 c 196 s 12; 15 (13) RCW 69.48.130 and 2018 c 196 s 13; 16 (14) RCW 69.48.140 and 2018 c 196 s 14; 17 (15) RCW 69.48.150 and 2018 c 196 s 15; 18 (16) RCW 69.48.160 and 2018 c 196 s 16; 19 (17) RCW 69.48.170 and 2018 c 196 s 17; 20 (18) RCW 69.48.180 and 2018 c 196 s 18; 21 (19) RCW 69.48.190 and 2018 c 196 s 19; and 22 (20) RCW 69.48.200 and 2018 c 196 s 20. 23 Passed by the House April 9, 2025. Passed by the Senate April 26, 2025. Approved by the Governor May 12, 2025. Filed in Office of Secretary of State May 14, 2025. --- END --- p. 6 E2SHB 1422.SL